Category: News

While case law suggests that any defect under an inch is not actionable, the Council’s disclosure came back which suggested they did not repair a defective area of the pavement mentioned in a previous inspection.

We issued proceedings against the Council on the basis that the accident happened on a busy suburban road in Liverpool and no matter what the depth of the defect, our client had a genuine accident.

We obtained in excess of £8,000.00 for our client. While the Council may say they took ‘such care as in all the circumstances was reasonably required’ (see: s.58 Highways Act 1980), it does not always mean that they actually did.

– Robert Hughes

 

Unfortunately, accidents at work are fairly commonplace with many resulting in long absences at work and in some extreme cases, fatalities. We have compiled this list of the usual suspects:

Trips and slips – this is one of the most common scenarios with slippery reception areas, toilets and factory floors being the main culprits.

Falls – falling off ladders, scaffolding, platforms and stairwells are the biggest problems in this category.

Back and Neck injuries – usually associated with heavy lifting and lack of training.

Cuts – sawing equipment and machinery with moving parts tend to be the main issues here.

RSI (Repetitive Strain Injury) – sometimes referred to as Carpal Tunnel Syndrome, this is often associated with repetitive use of computer keyboards but it covers any activity that involves repetitive motion of the joints.

Burns – chemical burns tend to be the main culprit here, particularly in factories and laboratory settings. Burns are also common with welding torches, equipment overheating and in workplace kitchen and café settings.

Toppling accidents – this happens when there is inappropriate stacking of materials and unsecured shelving. This scenario can often be extremely dangerous depending on the materials involved.

Impact/Crash injuries – accidents involving company vehicles, tractors, cherry-pickers and not following average speed guidance in workplace settings are common issues.

Loss of hearing – problems caused by constant exposure to loud noise usually in industrial settings is the main problem here.

Inhalation of fumes – breathing in dangerous chemical and fumes usually in industrial settings can be a problem. Adverse skin and eye reactions to chemicals/fumes can also be an issue.

The above list is not exhaustive but they are the most common problems that we get to hear about and become involved with. If you have had an accident at work and you need advice about what to do next then please get in touch on 0800 002 9577.

Sometimes the relationship between an employer and employee can get so bad that there is no solution other than for them to go their separate ways. The employer has no legal grounds that would justify the sacking of the employee and the employee feels strongly that, through no fault of their own, the issue with the employer cannot be resolved but they don’t want to suffer the financial difficulties of suddenly losing their job.

In these scenarios, a compromise agreement between the two parties is often the best solution to an unhealthy situation. Essentially, the compromise agreement brings the employment to an end based on a signed agreement by both parties.

The compromise agreement is a legally binding document that usually offers the employee compensation for agreeing to a set of conditions. These conditions need to be agreed by both the employer and employee, signed off, and assurances given that this will draw an end to the matter.

Compromise agreements make the process of ending somebody’s employment as smooth and swift as possible, ensuring that the employer will not face any legal action in the future. From the employee’s perspective, it gives them a way out of the situation with an agreed financial package that compensates them for the loss of their employment.

Compromise agreements can sometimes be difficult to negotiate and reaching a satisfactory conclusion for all parties can be problematical. This is when it pays to engage the services of a legal practice such as Mark Reynolds to support you throughout the process.

If you’re an employee who is in the throes of trying to reach a compromise agreement with your employer and you need advice and support then please get in touch and tell us about your situation. We would be happy to help.

How to Choose Your Personal Injury Solicitor

Finding a solicitor to assist with your legal requirements is no easy task, but this can be even more difficult when you’ve faced personal injury. There’s a lot to think about, including your recovery, but it’s extremely important to find a solicitor who can represent you well, to ensure the best possible outcome. Here are a few things to consider when choosing your personal injury solicitor.

Can You Trust Them?

The most important factor when looking for a personal injury solicitor is trust. You must find someone you can trust, as you will be sharing personal information and relying upon them to get the best results possible. How do you know you can trust your solicitor? This is a decision only you can make. Before you commit to working with someone, take some time to discuss your situation first. Do they seem genuinely interested in helping you succeed with your case? If you’re not convinced, consult with alternative personal injury solicitors until you find the right one for you.

Are They Experienced?

There are a large number of personal injury solicitors available in the UK, each with different areas of interest and expertise. Look for a personal injury solicitor with experience in a relevant area of personal injury law. If you’ve experienced an injury at work, for example, it’s important to find a solicitor that’s familiar with this area of the law. They will be able to accurately identify any areas of negligence by your employer, providing you with the best possible chance of success.

What Will It Cost?

A good personal injury solicitor will be upfront about their fees when you meet to discuss your requirements. Don’t be afraid to ask, and make sure they explain their terms in plain English. If you don’t understand something, ask them to continue explaining until you do.

There are numerous categories of compensation that can be claimed when filing a personal injury claim. These include:

Loss of earnings

General damages

Loss of amenity

Being disadvantaged in the labour market

And many more….

Even damages which are particularly difficult to specify and calculate can be claimed for if you work with a specialist solicitor such as Mark Reynolds.

The rules surrounding making a personal injury claim dictates that you must bring the claim within 3 years of the date of the accident. Any claim made after 3 years could potentially be refused by the courts. As in most points of law, there are some exceptions to this rule;

• If the claimant is under 18 years old when the accident happened, the 3-year time limit actually begins on the day he or she turns 18.
• If you incur unforeseen injuries or ailments as a result of the accident at a later date then you will be able to claim beyond the 3-year limit.

Who you can make your personal injury compensation claim against depends on where the accident happened:

• in the event of a road accident injury you can claim compensation against the other driver and be compensated through their car insurance
• in the event of an accident at work you can claim against your employer
• in the event of an accident at a retail outlet or on private property you can claim against the owner of the property
• in the event of an illness caused by the purchase of a product you can claim against the manufacturer of the product
• in the event of an accident due to clinical negligence you can claim against the medical practitioner

The above outlines the most common examples of when people make personal injury claims. If you believe that you have a good case to make a personal injury claim and need some professional advice on what your options are then please get in touch.

Most business owners will be familiar with the types of excuses they get when their invoices haven’t been paid in time. Excuses such as ‘we never got the invoice’, ‘our systems have been down’, the person who authorises payment is on holiday’, ‘you’re on the next payment run’ etc etc. Unfortunately these excuses are all too common and we all know they’re fake. So what are the real reasons for late payments?

Well, there tend to be four main reasons for late payments. They are:

1. Financial problems – the business that owes you money are having their own cash flow problems. People aren’t paying them so they’re not paying you. It’s a vicious circle.
2. Intentional late payers – these are businesses that had no intention of paying you on time anyway. They operate their own internal payment processes to suit themselves and their cash flow and they will pay you when they’re good and ready. The supplier comes a poor second, unfortunately.
3. Admin issues – these are businesses that don’t intend to pay you late; they’re just so disorganised that they haven’t got the right people or processes in place to facilitate timely payments.
4. Disputes – often used as a stalling tactic by businesses this is when they are disputing an element of the job that you supplied and they will not pay until the matter is resolved. In these situations, you need to get them to be specific about what they are disputing and get it in writing. These things can really drag on if you’re not pro-active.

With any of the above scenarios, there is no reason why you should have to put up with it. If a business owes you money and they are late on paying then there are commercial debt recovery processes that can be put into action. The longer you leave it, the more difficult it becomes to get your money so we always advise our clients to act swiftly.

If you have any commercial debt that needs recovering then please give us a call on 0800 002 9577 to discuss further.

Despite successive government attempts to deal with the pay gap between men and women and the brave stand of female car workers in Dagenham during the 1960s ( immortalised in the British film Made in Dagenham) , equal pay is still an issue in this country and it’s still an employment law hot potato.

However, some change is afoot. Equal pay claims that are presented from the 1^st October 2014 onwards requires employers who are in breach of equal pay legislation to carry out and publish equal pay audits.

This will put some employers in a very awkward situation. They will be required to identify pay differences between men and women doing the same job, stipulate the reasons for those differences and set out a plan for avoiding breaches in the future. It promises to be a pretty embarrassing scenario as offending businesses get named and shamed.

If an employer produces an equal pay audit which is not deemed satisfactory by an employment tribunal they may have to pay a penalty of up to £5000 and be given a date to produce an audit that is satisfactory. If they fail again, another penalty of up to £5000 could be imposed.

However, some businesses are exempt from this ruling. Micro-businesses (less than 10 employees) and the majority of new business start-ups will not be challenged about their equal pay situation so there still appears to be some way to go before equal pay in the UK is monitored everywhere.

It will be interesting to see over the next 12 months how this contentious part of employment law develops and who gets named and shamed in the process!

The subject of zero hour contracts is one of those subjects that just won’t go away in employment law circles. Earlier this year the Government put together some draft legislation surrounding this subject and they defined a zero hour contract as:

(i) the undertaking to do or perform work or services is an undertaking to do so conditionally on the employer making work or services available to the worker, and

(ii) there is no certainty that any such work or services will be made available to the worker.

In the legislation, the Government has confirmed that it will ban the use of exclusivity terms that prevent zero hour workers working for another employer even when no work is guaranteed by their existing employer.

The Government has also pledged to work with unions and businesses to formulate a best practice code of conduct aimed at employers who wish to use zero-hour contracts.

Many employees in the UK are engaged in zero hour contracts because they offer the employer flexibility to manage shifts in demand, recruitment costs and can allow businesses to expand their services whilst avoiding the costs of employing staff who they do not need on a permanent basis. However, unscrupulous employers have been accused of using this to their advantage, disregarding the status of the employee and the rights they are entitled to.

The Government is unlikely to ban the use of zero hour contracts completely, but there is likely to be legislation brought in to address those employers who abuse it. Imposing financial penalties, paying compensation to zero hour workers and creating additional rights for zero hour workers are all on the table to be discussed so it will be interesting to see how the legislation develops over the next few months – a code of practice on the use of zero hour contracts is due by the end of the year.

Mark Reynolds Solicitors, one of the North West’s leading personal injury law firms, has expanded again with the opening of a fourth office.  The company, which was established 5 years ago by Mark Reynolds and Peter McCourt, now has offices in Liverpool, Runcorn, Leigh and, most recently, Warrington.

Mark and Peter say their rapid expansion is down to a growing reputation for providing a reliable, high quality service, especially in the field of personal injury and employment law.  The company recently won a six-figure payout for Anita Carlton who was unfairly dismissed after she blew the whistle on the care being provided to patients at the Regency Hospital in Heswall, Wirral. The hospital has since closed.

Mark Reynolds Solicitors was established in 2009 in Liverpool.  The second office was opened in Runcorn in 2012, the third in Leigh in 2013.  With the opening of the Warrington office, there are now 25 lawyers and support staff on the team, working across six specialist divisions: personal injury claims, employment law, wills, debt and insolvency, family law and clinical negligence cases.

Mark said: “We’re very excited about the opening of the Warrington office.  Our reputation, particularly as personal injury solicitors, has grown to the extent that our clients are now based throughout North West England.  From Warrington, we can serve a large area and ensure we provide that all important face-to-face contact with our clients.”