Legal news archive

25/01/2012

The government has confirmed that the qualifying period of service before an employee is able to bring an unfair dismissal claim against their employer is to rise from one to two years.

The change will come into effect on 6 April this year and will only apply to those who start a new job on or after that date. Those who started their current employment before 6 April 2012 will still have a one-year qualifying period.

The Department for Business, Innovation and Skills (BIS) says that the policy is intended to encourage recruitment, which is why it does not intend it to apply to those who are already in work, and will also give more time for the parties to try and resolve their differences and therefore ease the burden on the employment tribunal process.

Source: http://www.xperthr.co.uk/article/111811/government-confirms-...

24/01/2012

A new report from the think-tank the Resolution Foundation has said low and middle income earners may have to wait up to 22 years to earn enough to buy their first home.

The report says that people in this group, who bring in approximately £20,000 a year in take-home pay and which account for 5.8m households, will see their pay decline before it flattens out around 2016-17 and it could take until about 2020 before it returns to pre-recession levels, even if the current downturn is followed by strong growth.

The report looked at the group’s prospects of getting on the property ladder and said that, while it typically took four years for them to save up for a deposit in 1991, this had doubled to eight years a decade later and, by last year, it had risen to 22 years, meaning that many below the age of 35 face years of rented accommodation.

The Resolution Foundation says that its calculations are based on first-time buyers raising a deposit of around 20% to buy a...

20/01/2012

An inquest has heard how a man was crushed to death by the jaws of a mechanical grabber.

Wakefield Coroner’s Court heard how Richard Zajdler died while he was repairing the grabber at LSS Waste Management recycling and skip hire in Leeds. The machine’s operator, Kirk Dakin, had noticed cracks in the machine and arranged for Mr Zajdler to come and repair it by welding metal plates onto the cracks.

Giving evidence, Mr Dakin said that he started the machine’s engine to move it to a different position in order to make it easier for Mr Zajdler to work on it and he moved a handle to isolate the controls which move the grabber. He said that he only knew that something was wrong when the company’s general manager shouted at him to “open the grabber”.

He did but it was too late to save the Mr Zajdler. One of the main arteries to his heart had been severed while he also suffered lacerations to his lung, three broken ribs and heavy bleeding. He was rushed to hospital but died later that day.

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17/01/2012

Those involved in dispute resolution say that mediation has the potential to “revolutionise the British legal system”.

National Family Mediation, the UK’s biggest family mediation service, has seen applications to train as a mediator double in the last year alone while TCM, the biggest workplace mediation service saw applications rise tenfold within the second half of last year. Those involved say that with the country on the verge of recession once again more people are seeking ways to avoid the courts and the resulting legal fees, so mediation is one of the few professions which is expanding at the present time.

National Family Mediation says that the average cost of mediation, which is between £1,200 and £1,400 is far cheaper than the £14,000 it can often cost for those couples whose divorce proceedings go before the courts. David Liddle, founder of TCM, says that the growth of mediation is evidence that the old adversarial approach has failed and that...

17/01/2012

New research has found that more people could be forced to work into their 70s in the future because of the pensions’ crisis.

The study, from the Future Foundation on behalf of Friends Life, found that just over half of those who have already retired said that they may have to do part-time work to supplement their pensions but this figure increases to 75% amongst those who are still working.

Experts say that the traditional image of the pensioner with slippers and rocking chair will soon have to change as, due to the economic downturn, many will simply not be able to fully retire and will have to resort to continue bringing in a wage, although perhaps in a different capacity.

Martin Palmer, head of corporate benefits marketing at Friends Life, said that many have not saved adequately for their pension and, by 2020 there will be an increasing number aged 70 plus who will not be able to afford to give up working. He says that “Wearies”, Working, Entrepreneurial and Active Retirees, will increasingly not be able...

09/01/2012

The Institute of Advanced Motorists (IAM) has published some advice to drivers as Britain continues to be battered by gale force winds.

It has released a tips sheet concentrating on steps that drivers can take to prepare for driving in high winds and warning them of the potential hazards which may occur. It advises drivers to plan their journeys in advance and to try and avoid any areas which have particularly open stretches of road which are more susceptible to strong winds. It also advises extreme caution when overtaking, as strong gusts of wind can blow cars, lorries and bikes off course. View: Prepare for driving in high winds tips.

If you have been injured in a road accident that wasn't your fault you could be entitled to compensation.

The IAM says that driving in strong winds does increase the chances of an accident occurring and therefore motorists should...

28/12/2011

A doctor who was sacked from her job at a Yorkshire hospital has been awarded a record £4.5m in compensation.

Dr Michalak, who was born in Poland, was dismissed from her job as an obstetrician at Pontefract General Infirmary in July 2008 and a tribunal earlier this year ruled that she had won her case for unfair dismissal and race and sex discrimination. Now the Mid Yorkshire Hospitals NHS Trust and three of its senior staff members have been ordered to pay her £4,452,206.

The tribunal heard evidence that there had been a “plan” by some senior staff members at the trust as far back as 2003 when Dr Michalak was seven months pregnant. She began to receive complaints about her, alleging that she was bullying junior doctors. Staff members were heard to have repeatedly referred to the fact she came from Poland and also that she trained abroad, questioning her...

15/12/2011

The Office for National Statistics have released their latest statistics relating to divorce in England and Wales. The statistics record divorces which took place in 2010 following court orders, in England and Wales, and do not include divorces to couples usually living in England and Wales, but who have divorced abroad.

The number of divorces in England and Wales rose by 4.9 per cent in 2010 to 119,589 compared with 113,949 in 2009. This is the first annual increase since 2003. The number of divorces in 2010 was highest among men and women aged 40 to 44.

The average length of marriage is unchanged from 2009 at 11.4 years. Half of couples divorcing in 2010 had at least one child aged under 16 living in the family.

Civil Partnership dissolutions have also increased in 2010. This is likely to be part of an overall upward trend given that this type of partnership is new, and the numbers of those in civil partnerships is increasing.

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09/12/2011

Proposals for a new child maintenance scheme have been published. This scheme is proposed to replace the current basis of assessment by the Child Support Agency and will be implemented by way of the “Child Support Maintenance Calculation Regulations 2012” which are to complement existing CSA legislation. 

These proposed regulations follow the Governments Green Paper published in January 2011 entitled “Strengthening Families, Promoting Parental Responsibility: The Future of Child Maintenance”. Supporting families to prevent relationship breakdown is central to the Coalition Government’s vision for strengthening families but where relationships do break down, the Government wants to enable parents to take responsibility in making their own choices to reach enduring agreements post separation which place the welfare of their children at heart.

The new Government scheme will be offered as a fall back for those parents who separate and cannot come to an agreement about payment of...

01/12/2011

Family relationship patterns in England and Wales are continually changing. 71% of most families are still headed by a married couple, but the proportion of cohabiting couple families has increased in the last decade, and the number of step families and children living with parents in same sex relationships has also increased.

The existing system of family law in England and Wales is based around the needs of traditional families. The Government proposes wide scale changes to this system driven by an increasing diversity in families, and a need by Central Government to cut costs. These changes are encompassed in the recently published Independent Family Justice Review and the Legal Aid, Sentencing and Punishment of Offenders Bill.

Many of the recommendations of the Family Justice Review have been applauded as long overdue. The Review recommends that a Family Justice Service is set up to manage the court process,...