Category: News

When it comes to writing a will, many people are tempted to cut corners and save money by making up their own will. In this internet age, it’s very easy to download a DIY will template, then print and fill it out yourself. Will kits are even available to buy from stationery shops, ranging from about £10 to £30.

Even a few scribbles on a scrap of paper is legally binding, providing it is signed and witnessed correctly. However, by trying to save money now, you may be causing serious problems for your family in the event of your death. Here’s a brief guide to help you decide if your DIY will is really worth the paper it’s written on.

How Simple Is Your Situation?

A DIY will may be sufficient if your personal circumstances are simple and straightforward, for example:

• You’re married and you want to leave everything to your spouse.
• You’re spouse is dead and you want to leave everything to your children.
• You have no living family.

If you do decide to make a DIY will, ensure that any old wills are destroyed. Thoroughly check wording and spelling, and make sure it is signed and witnessed correctly. Don’t forget to tell your executor where it is kept.

Complications

If others are involved the situation can get complicated. These can include:

• Step-children or other dependents.
• Foreign properties or investments.
• Specific wishes that are confusing or not worded correctly.
• Mis-spelling names that can cause confusion and contention.

Mistakes are easy to make and your will could end up being invalid, in which case the law will decide who are the rightful beneficiaries.

Whether you want to write a Will or deal with the affairs of a loved one that has passed away, Mark Reynolds Solicitors are here to help. Contact Mark Reynolds Solicitors on 0800 002 9577 today to speak to our no win, no fee Wills & Probate advisors.

RSI (Repetitive Strain Injury) is not a recognised medical condition in itself. RSI is a ‘catch all’ term that is given to a variety of musculo-skeletal problems such as carpal tunnel syndrome, tendonitis and HAVS (Hand-Arm Vibration Syndrome).

Typically, RSI is caused when a person has to perform repetitive tasks, overuse equipment, deal with vibration equipment or have to work for long periods of time in one position. It can be a common problem with people who are involved in:

• Extensive computer work
• Using vibration tools such as a road drill
• Using telephones for long periods
• Operating machinery that requires repetitive movement
• Consistent heavy manual lifting

People who suffer from RSI will often complain of problems in their upper limbs such as swelling, stiffness and tingling. These problems can also take a long time to manifest themselves but when they do; it can be very severe and stop the person from working.

Cases of RSI are more common than you might think. With the growing use of computers, mobiles and laptops, people are using devices more frequently and for longer periods of time.
The size and proximity of the buttons on hand-held devices can also cause problems if you are using them for several hours in the day.

Employers have a duty of care to their staff to ensure that harm is minimised. RSI claims are on the rise in the UK and much of this rise has been put down to the consistent use of laptops and hand-held devices. If you are suffering from symptoms of RSI then you may have a case for compensation.

Mark Reynolds Solicitors specialise in Employment Law, have you suffered from discrimination or exploitation at your place of work? Contact Mark Reynolds Solicitors on 0800 002 9577 today to speak to our no win, no fee employment law advisors.

Personal injury claims can be made by anyone who has suffered an injury in the workplace or outside the workplace because of another person’s negligence. At Mark Reynolds Solicitors we’re here to offer world-class advice and guidance through your personal injury claim.

But sometimes accidents can happen – especially if you’re cycling on the road during winter. Almost 92% of cycling accidents involve a car. The cold, wet and sometimes windy weather can be even more hazardous for cyclists. Here a few quick cycling safety tips for the winter:

Road Safety Tips for Cyclists

• Ensure you’re riding a doors width away from parked cars in case anyway gets out
• Always stop at red lights – no excuses!
• Rise centrally in narrower lanes to avoid contact with other cars.
• Always wear a correctly fitted helmet and high vis clothing, even during the day as you can’t predict the weather (fog, clouding over, heavy rain, etc)
• Make sure all lights on your bicycle are working. Turn them on when it’s foggy, very cloudy or heavy rain, as well as at night.
• Never ride alongside large vehicles such as buses, coaches or HGVs. You may be in the driver’s blind spot.
• Observe the Highway Code, it’s there for a reason
• Always be polite and make eye-contact with drivers so you know they’ve seen you.
• Always signal to drivers as to which direction you intend to go
• Keep clear of the kerb

Road Safety Tips for Motorists

• Look out for cyclists at junctions
• When getting out of the car, watch out for any cyclists riding past before you open the door
• Leave room for cyclists at traffic lights
• Always signal for cyclists so they know where you intend to turn
• You can overtake cyclists as long as you give them enough room
• Never intimidate cyclists, even if their speed is slower. Remain patient and polite.

Have you had an accident or personal injury and are looking to claim? Call Mark Reynolds Solicitors on 0800 002 9577 today to speak to our no win, no fee personal injury advisors.

In July 2015 the Government launched an open consultation on the gender pay gap which currently sits at 19.1%. That means that for every £1 earned by a man, a woman will earn 81p.

Even though this is the lowest differential ever recorded it still demonstrates that the gender pay gap in the UK still needs addressing.

Ever since the Equal Pay Act was launched in 1976 it has been illegal for men and women to be paid differently for doing the same work; however this doesn’t mean that it doesn’t happen.

The open consultation aims to task organisations with more than 250 employees to publish gender pay information. The CBI are pushing back on this stating that the current voluntary approach for companies to disclose this information is working well enough and that the numbers of women on corporate boards has actually increased. This remains an area to be debated.

Ultimately the Government is looking for ideas that will encourage women to seek higher status careers, support older working women – where the pay gap is particularly high, and to comprehensively modernise the workplace. A move to more flexible working is being studied as a way of progressing women into higher profile jobs with more earning power and companies are to be encouraged to seek flexible working options when advertising for senior positions.

David Cameron has stated that he wants to eliminate the gender pay gap ‘in a generation’. Historically, UK businesses have been evasive in disclosing the pay gap between their male and female colleagues so it will be interesting to see how the open consultation develops and how this may affect employment law in the future. Interesting times lie ahead.

Mark Reynolds Solicitors specialise in employment law, have you suffered from discrimination or exploitation at your place of work? Contact Mark Reynolds Solicitors on 0800 002 9577 today to speak to our no win, no fee employment law advisors.

Under the Employment Rights Act, an employee with an employment contract has the right to not be unfairly dismissed.

If employment is terminated, it must be as a last resort when all other methods have been exhausted.  Dismissal must be fair, with good reason and a number of procedures must be respected before employment can be terminated. The employee then has the right to paid, reasonable notice depending on their length of continuous employment.

Here’s a brief look at the most common differences between fair and unfair dismissal.

Fair Dismissal

An employer has the right to terminate a contract for the following reasons:

• Unreasonable conduct – examples include drinking, smoking or using narcotics in the workplace, theft and abuse of fellow workers.
• Capability – if employment involves primarily driving, then a contract can be justifiably terminated if the employee loses their driving licence for causes such as reckless driving or DUI, therefore preventing them from carrying out their duties and causing a breach of contract.
• Redundancy
• Legal restrictions such as an employee’s immigration status.

The above reasons should be used as a last resort after trying to resolve employee conflict issues in an informal manner.

Disciplinary measures must be explained in a clear and concise manner, and explained to employees at the start of their employment. In the case of termination, due, paid notice must be given by the employer before the eventual termination of employment.

Unfair Dismissal

You cannot be dismissed for discrimination reasons such as:

• Pregnancy
• Gender
• Age
• Race
• Religion
• Sexual orientation.

Wrongful dismissal can be claimed if the minimum notice period has not been respected or paid. Constructive dismissal can be claimed when an employee is forced to resign due to their employer’s unreasonable behaviour, which can include harassment, false accusations and sudden changes in their contract.

Mark Reynolds Solicitors specialise in employment law, have you suffered from discrimination or exploitation at your place of work? Contact Mark Reynolds Solicitors on 0800 002 9577 today to speak to our no win, no fee employment law advisors.

If you have sustained a personal injury or have been injured in an accident through no fault of your own, you may be eligible to apply for an accident claim.

However, even if the accident was not your fault, you may be concerned about making a legitimate claim because of the high upfront legal fees that are incurred.

In the mid-1990s a solution was found in a no win, no fee solicitor’s agreement. This agreement was introduced to
help people who had a case to fight, yet couldn’t afford the upfront fees, or weren’t covered by the appropriate insurance to give them a fair chance of making an accident
claim.

What Is No Win, No Fee?

If your claim is unsuccessful, you won’t be obliged to pay your solicitor’s fees. However, you may be obliged to pay court fees and the other side’s costs if you lose.

If you win, you will be obliged to cover your solicitor’s costs with part of your compensation reward.

No win, no fee, also known as conditional fee agreements, are most commonly used in the following circumstances:

• Vehicle or motorcycle accidents
• Medical negligence
• Slip and fall accidents
• Workplace accidents

After The Event Insurance

If you have suffered a personal injury through no fault of your own and are intending to make an accident claim, you should contact a specialised solicitor who can advise you on whether you’d be eligible to take out an After The Event insurance policy.

The insurance policy will cover the costs you’ll have to pay to the other side should you lose. It is strongly advisable to take out After The Event insurance at the start of the process.

Have you had an accident or personal injury and are looking to claim? Call Mark Reynolds Solicitors on 0800 002 9577 today to speak to our no win, no fee personal injury advisors.

Working fathers in the UK have certain rights that an employer is obliged to respect. They have the right to paternity leave, shared maternity leave with their partner and to be considered for flexible working hours.

The Advisory, Conciliation and Arbitration Service (ACAS) provides impartial and expert advice for employees and employers on workplace regulations and employment law. They can also advise when you should consult an employment solicitor. Here’s a brief outline of your paternal rights.  Bear in mind you need to have been employed for a minimum of 26 weeks by the same employer to claim. Visit www.acas.org.uk for a more detailed guide.

Paternity Leave

Working fathers have the right to up to 2 weeks of standard paternity leave and to claim Statutory Parental Leave. They need to inform their employer and they may not commence the leave until after the baby is born. They have up to 56 weeks after the birth to claim their leave.

From 2015, fathers can also share up to 50 weeks leave and 37 weeks pay (ordinary maternity leave) with their partner.

Flexible Hours

Both parents have the right to ask for flexible hours including:

• Part time
• School hours
• Home working
• Job Sharing

Your employer is not legally bound to agree, but they must have a valid business motive to refuse. You have the right to ask for flexible hours once a year. You must provide a written request that demonstrates that your flexible hours will benefit, not hinder, your employer’s business.

Strict timelines and procedures must be followed by both you and your employer. If your employer refuses your request, you may only appeal if they have not followed correct procedure.

Are you dealing with an employment law issue at your place of work? Call Mark Reynolds Solicitors on 0800 002 9577 today to speak to our employment law advisors.

In a recent ruling by the European Court of Justice, travel time is now considered work time for those workers with no fixed office. The implications of this judgement are far reaching and employers who hire workers that have no fixed work place are now left wondering how they will be affected by this decision.

The ruling came about as a result of a legal case in Spain involving a company called Tyco, which installs security systems. Tyco closed down its regional offices back in 2011 which meant that many of the employees had to travel considerable distances before arriving at their first appointment. This was deemed unfair because this was imposed on the workers who had no choice in the matter. Their working day would normally have started when they reached the regional office but because the office didn’t exist anymore, the European Court has ruled that their working day now starts when they embark on their journey to their first appointment.

Millions of workers in professions such as care work, sales reps and gas fitters could be affected by this ruling. Historically, their journey to their first appointment wouldn’t have been classed as work time. However it now is, so as far as employers are concerned, they will have a lot to think about in terms of planning employee work schedules to ensure that they are not in breach of EU working time regulations.

One of the main goals of the working time directive is to ensure that no employee in the EU is obliged to work more than an average of 48 hours a week. The new rules on travel time being work time is going to put a lot of strain on this and it will be interesting to see how employers react to this change and what plans they will implement to manage the situation.

Are you dealing with an employment law issue at your place of work? Call Mark Reynolds Solicitors on 0800 002 9577 today to speak to our employment law advisors.

According to recent research by the CIPD (Chartered Institute of Personnel & Development), over 20% of employers have seen an increase in staff reporting depression and anxiety.

With reference to the responsibilities set out in the Equality Act 2010, employers are duty bound not to discriminate against anybody with a disability, whether that’s physical or mental, so this rise in cases is being closely monitored by employment law experts.

Guarding against disability discrimination starts right from the beginning of the recruitment process. Employers are legally obliged to treat every CV the same, regardless of whether a disability is stated and, from a mental health perspective, there is no obligation from the applicant to disclose any condition.

If, after being accepted for employment, an employee discloses that they have a mental health problem, the employer is legally bound to ensure that no discrimination, harassment or victimisation takes place and that reasonable adjustments are put in place to create equal opportunities for all employees.

What constitutes reasonable adjustments is hard to define when it comes to mental health conditions but it may mean being flexible in adjusting work times to fit with an individual to avoid anxiety or putting them in a role where they are not exposed to situations that may exacerbate their condition. It’s about the employer working closely with the individual and tailoring an approach that is mutually acceptable.

Some employers have excellent records when dealing with employees who have mental health conditions and when handled correctly, the business benefits from reducing sick leave and holding on to experienced and well trained staff. Sadly, there are other employers out there that are not so forward-thinking and do not take the appropriate measures to accommodate employees who may be suffering from mental health problems.

If you or a family member is having problems with their employer as a result of a mental health condition and would like to discuss your rights in this situation, please get in touch with us here at Mark Reynolds Solicitors on 0800 002 9577, or submit a form through our contact page and we will get back to you as soon as possible.

All decent employers will follow all employee rights down to the letter. Whether you work in an office or on a construction site, employee rights are vital for a safe and happy working environment. Encouraging employees to join a trade union is known to boost morale and, of course, can protect employees if thing go wrong. Here are a few employee rights you should know…

It’s all in the contract

According to employment law, an employer should provide you with a contract as soon as possible, ideally within two months of starting work. The contract should include job title, responsibilities, salary, hours of work, paid holiday, sickness pay entitlement, pension scheme (if applicable), notice period and grievance/disciplinary procedures.

Statutory Rights

Employment law involves statutory rights – these are legal rights based on laws passed by Parliament. Almost every worker is entitled to basic statutory rights including:

• Written contract (see above)
• Itemised pay slips
• National Minimum Wage
• Time off for trade union duties
• Paid time off work to look for new employment if being made redundant
• Paid time off for antenatal appointments
• Paid maternity/paternity/adoption leave
• Right to ask for flexible working
• Unpaid parental leave
• Time off for training/study (16-17 year olds)
• Max 48 hour working week
• Work until you’re 65
• Claiming compensation if unfairly dismissed
• The right to work without discrimination
• Weekly and daily rest breaks

There are many more, but these are just a few basic statutory rights every employer must adhere to.

Illegal Contracts of Employment

Contracts of employment may be deemed illegal in employment law if:

• Tax and NI contributions aren’t paid
• If you work “cash in hand”
• If you know you’re being paid “cash in hand” to avoid paying tax and national insurance

Training

Training is a great way to get ahead in your career. Your employer should give you the right to ask for time off for training if it will improve your job performance. You can ask for time off for training if:

• Your company employees 250 or more employees
• You’ve been working for your employer for 26 weeks or more
• You’re not already paid for time off for training.

Need to speak to a professional about employee rights? Contact us on 0800 002 9577 today for a free consultation from Mark Reynolds Solicitors.