A Guide to Fracking and Manorial Rights
Fracking has become highly controversial for a number of reasons, with concerns around the environmental impact of this activity, access rights and ownership of the minerals. Fracking is a technique used to recover gas and oil from shale rock. Shale gas reserves have been identified across large parts of the UK, and are especially common […]
Defending an Allegation of Gross Misconduct
An allegation of gross misconduct at work can be extremely daunting, carrying the risk of disciplinary action, including possible dismissal, and potentially impacting your professional reputation. If you are facing an allegation of gross misconduct, it will be important to understand your rights through the disciplinary process and to prepare for any resulting investigation or […]
Employment Law for Employees
Employment Law: What are my rights? The growth of non-traditional working relationships might have left you feeling confused about your employment status and, consequently, your rights. But whether you are employed on a full-time, part-time, temporary or permanent basis, everybody has the right to be treated fairly in the workplace and is protected by employment […]
EMI Scheme: Guide for Employees
The EMI (Enterprise Management Incentive) was introduced in 2000 to help small and medium sized businesses to retain and reward their employees. If you are offered the option of shares under an EMI – what do you need to consider before deciding if this is the right option for you? What is an EMI scheme? […]
Making a Claim for Constructive Dismissal
If you can show a tribunal that your employer has acted unlawfully, thus making your position untenable, you may have a claim for constructive dismissal. Constructive dismissal is when your employer puts you in a situation where you feel you have no choice but to resign. Unlike unfair dismissal, where your employer ends your employment […]
Wrongful Dismissal (What is it?)
Wrongful dismissal from employment occurs when an employer terminates your employment in breach of your employment contract. You will be able to bring a breach of contract claim against your employer, no matter how long you’ve been employed for. There are of course lawful ways an employer is permitted to terminate a contract of employment. Wrongful […]
Statutory Sick Pay (SSP: What is it?)
Statutory Sick Pay is an employment related benefit. It is paid to employees should they be unable to go to work due to sickness, physical or mental, for a period of four days or more, as long as they earn above a lower earnings limit. It is payable for up to twenty eight weeks. [toc] […]
N244 Form (Where to Find & How to Complete!)
The N244 form is an application notice, used to apply for a court order in the civil courts. The N244 form is used in relation to a number of different applications, normally in relation to monies owed to or by the applicant. It could be that this is an application for an initial court order […]
What is a Trademark?
The trademark has become the hallmark of modern consumer society. It is a commercially recognised way of indicating origin, quality and reputation. As such, a distinctive trademark can be an effective way of promoting your goods or services, as well as preventing competitors from imitating your brand identity. Under the Trade Marks Act 1994 a […]
Settlement Agreement (What are they?)
A settlement agreement, is a legally binding contract which is typically agreed between an employee and their employer. While they can be entered into at any stage of an employment relationship, settlement agreements are generally used before termination of employment following a workplace dispute or grievance. Settlement agreements were previously known as ‘compromise agreements’. Importantly, […]
Boundary Dispute – What are Your Rights?
A boundary dispute is a disagreement between the owner(s) or occupier(s) of two or more neighbouring properties in respect of their rights and duties over their land. It is common for minor disagreements with neighbours relating to rights over land to escalate into full-scale boundary disputes. Boundary disputes can take many forms. Typically, disputes will […]
How to Patent an Idea
A patent gives the owner legal rights in respect of a new invention that exclude others from selling, making, using or profiting from their invention for a limited time period. If you have invented a product or process which is new, innovative and has industry applications, you might be considering applying for a patent to […]
Health and Safety Responsibilities of Employees
The Health and Safety at Work Act 1974 (the Act) ensures health and safety in the workplace. Although primary responsibility lies with the employer, the Act also specifies the health and safety responsibilities of employees to ensure the health, safety and welfare of people in the workplace is sufficiently safeguarded. The respective responsibilities rely heavily […]
Managing Health and Safety in the Workplace
As an employer you are required by law to comply with your duties for managing health and saftey in the workplace under the Health and Safety at Work Act 1974. Part 1 of The Health & Safety at Work etc. Act 1974 requires employers to take all reasonably practicable steps to safeguard the health, safety […]
What is an Executor of a Will?
An executor of a will is appointed to handle an individual’s estate after they die. The ‘estate’ covers all of the deceased’s assets or belongings – money, property, possessions, and even debts. When a friend or family member asks you to be the executor (known as ‘executor nominate’ in Scotland) of their will, it will […]
Dying Intestate – What Does it Mean?
Dying intestate is when an individual dies without leaving a valid will in which they are then deemed to have died ‘intestate’. Their estate is therefore distributed in accordance with the rules of intestacy. Where the deceased has surviving family members, under the intestacy rules the process of claiming inheritance from the deceased’s estate can […]
How to Make a Will
Discussing what we would like to happen after we die is a conversation that most of us would rather defer. Yet making a will is essential if you want to ensure that your wishes are met following your death. If you die without making a will or leaving a valid will, the law will determine […]
Intestacy – A Guide
If a person has died without leaving a valid will, they have died intestate. Their property (the estate) will need to be shared out according to certain rules, called the intestacy rules. The Administration of Estates Act 1925, which sets out who can administer the estate and benefit from it if there is no valid […]
A Guide to Probate
Probate is the legal process of dealing with the estate of someone who has died. The term is used to describe both the grant of probate itself and the process involved in obtaining the grant. Probate is granted when a valid will has been left by the deceased. It’s your responsibility to obtain the grant […]
Grant of Representation: How to Apply Using Form PA1
If you have been named as an executor in someone’s will, you will be responsible for administering their estate after they die. In most cases, before you can even begin to deal with the deceased’s estate, you will need to apply for a grant of representation. Probate is often referred to as the process of […]