Clarke and Son News

Employers are not adequately prepared for the new laws coming into force with regards to age discrimination set to become effective from October 1st.

According to the Advisory, Conciliation and Arbitration Service, (ACAS) four in five companies are yet to inform their staff of the upcoming changes which will ban both direct and indirect discrimination relating to recruiting, promoting and training of staff.

The laws will not allow employers to force retirement at the age of 65; they will instead need to give a minimum of six months notice to employees approaching retirement age.  In turn, should the employee then wish to work beyond retirement they must inform their employers three months prior to their leaving date.  Similar changes in the law introduced in Ireland and the US resulted in related court cases increasing 19% and 40% respectively.

A teacher with 30 years experience won her case of constructive dismissal and was awarded £196,000 by a Nottingham courtroom.  Gaynor Meikle resigned from her job six years ago after her eyesight severely deteriorated in 1993 leaving her unable to perform in her role.  At the same time she received sick pay rather than full pay.

In this instance the lack of support received by a valuable member of staff was judged to amount to constructive dismissal as simply enlarging font sizes on teaching materials would have helped to remedy this situation.  Examples of constructive dismissal can include…

1. Not supporting managers in difficult work situations.

2. Harassing or humiliating staff, particularly in front of other less senior staff.

3. Victimising or targeting particular members of staff.

4. Changing the employee’s job content or terms without consultation.

5. Making a significant change in the employee’s job location at short notice.

6. Falsely accusing an employee of misconduct such as theft or of being incapable of carrying out their job.

7. Excessive demotion or disciplining of employees.

If either yourself, a friend or family member has been affected by any such instances and would like some advice on taking the matter further then contact Nicholas Bowers who will be pleased to help.

The latest Nationwide survey has revealed that the average UK house price now stands at £163,573.  The survey also reveals growth in house prices slowed in the month of April rising by a mere 0.1% against a 1.1% rise in March whilst annual house prices fell from 5.3% in March to 4.8% in April.

With demand said to remain firm there was a nod towards generally lower disposable incomes due to rising oil prices, expected inflation and unemployment rates.  All of which could play a significant role in dampening the market.

Read the report in full here.

The British Chambers of Commerce (BCC) has warned that the scrapping of the three-day rule with regards to statutory sick pay (SSP) is likely to result in an increased number of sick days taken by employees.  The Welfare Reform Green Paper proposal is aimed at ‘simplifying absence management for businesses.’ However the move has received much criticism and is said to be counter productive to the objectives of the proposal.  David Frost of the BBC said the move would, ‘create a perverse incentive for individuals to take occasional sick days.’

SSP is available for a maximum of 28 weeks however in order to continue claiming SSP after seven days of absence employers have the right to request a doctor’s note.  For any periods under seven days employers can request that self-certificates of absence are completed or indeed an SC2 is filled out, (available here).  Last year an estimated 78 million working days were lost due to sickness.

If you would like to talk about employment law relating to either this particular aspect or indeed any others then don’t hesitate to contact the head of our employment team Nick Bowers who will be glad to assist you.

In a recent survey the mortgage arm of Barclays bank ‘The Woolwich’ have announced that that moving costs have increased dramatically since 2000 the further a person moves up the property ladder. 

Whilst its claimed that the majority of house sales occur between £125,000 and £250,000 and therefore fall into the 1% stamp duty category its been calculated that the average cost of moving from a semi to a detached home has risen by a staggering 176% since 2000.  This is attributable to many homes being pushed into the 3% stamp duty bracket over a period, which has seen general house prices rise by around 95%.

The survey also found that while estate agents fees have increased 1% on last year solicitor’s fees have dropped by 1% on last year.  At Clarke & Son we understand that whilst moving homes can be an exciting time it can often be stressful for buyers and sellers alike.  This is why Clarke & Sons aim to ensure all your dealings go as smoothly as they possibly can.  If you’re looking for advice on buying or selling your home then contact Peter, Jenny or Paul.

Read the full article here.

The UK property market remains buoyant, according to the latest survey from the Royal Institution of Chartered Surveyors (RICS).

RICS spokesman Ian Perry, said: "People traditionally put houses on the market in the new year and sales pick up around Easter.

Further evidence of strength in the housing market has come from the latest survey from the property website Rightmove who said that in the four weeks to 9 April prices in England and Wales rose by 1.1%.

Source: BBC

If you are thinking of moving, why not visit our moving home section on the web site.

Carly Simpson has won £6,000 in an unfair dismissal claim after a tribunal decided she had been discriminated against for having asthma.  It was during a shift at the bar in Perth where Carly worked when she began to feel unwell and was caught outside wheezing by her boss. 

The following week Carly found that she had not been placed on the staff rota and was told that she should look for alternative employment.  Although the employer claimed that they had wanted Carly to instead manage the bars coffee shop she was awarded £2,790 for unfair dismissal on the grounds of being asthmatic and £3000 for injury to feelings with a further £150 interest.

Source: Personnel Today

If you have any enquiries or are seeking advice relating to similar issues then please contact Nicholas by e-mail on nbowers@clarkeandson.co.uk who will be happy to help you.

Steven Lord was dismissed from Parker Building Supplies after being caught asleep in his staff canteen last August. Mr Lord had been out of work until two weeks ago and a court ruling this week awarded him £9,268.83 in compensation for loss of earnings.

The employment tribunal in Brighton ruled that the correct disciplinary procedures were not followed.  Mr Lord was not given the right to appeal nor did the allegation for the dismissal set out in writing by the employees.

If you are unsure of where you stand with your employment rights or feel that you have been mistreated by your employer then e-mail Nicholas on nbowers@clarkeandson.co.uk for advice.

New regulations come into effect on 6 April 2006 which places a legal requirement for all larger HMOs to be licensed with the local authority. The new legislation also clarifies what is meant by an HMO as, generally, any dwelling occupied by more than two people who are not of the same family and where they share a toilet, washing facilities and/or cooking facilities. Those properties which were known as `shared houses’ will now fall into the definition of an HMO. Properties which are managed by registered social landlords; which are occupied by only two persons who are not related; and those which are occupied by the owner, his family and no more than two other persons, are excluded from this definition of an HMO.

The requirement to licence with the local authority only applies to those HMO’s which:

1. comprises three storeys or more;
2. is occupied by five or more persons; and
3. is occupied by persons living in two or more households.

Any basement or attic which is used wholly or partly as living accommodation, or is being used in connection with the HMO shall be reckoned in calculating the number of storeys. Where the living accommodation is situated above business premises, each storey of the business premises shall also be reckoned in the calculation.

Basingstoke Council currently has a Registration Scheme for HMO’s, but this will come to an end with the introduction of licensing. Those HMO’s which are currently registered will therefore need to apply for a licence if the property fall into the above category.

The fee for a licence has still to be determined, but will only be that amount necessary to cover the costs incurred by the Council in carrying out the administration of the licensing scheme. A licence will normally last for 5 years.

To operate an HMO, which is required to be licensed, without a licence is an offence, punishable on conviction to a maximum fine of £20,000.

To find out more about the requirements of licensing in Basingstoke, you can contact Chris Stagg, Housing Improvements Manager, at Basingstoke & Deane Borough Council on 01256 845252 or email.

This article was supplied by Basingstoke & Deane Borough Council

A recent survey conducted by the National AIDS Trust has uncovered a rather alarming lack of knowledge and understanding around those who suffer with HIV. 

Under the Disability Discrimination Act (DDA) it’s against the law to discriminate against someone with HIV in the workplace.  Although the survey found the majority of people who worked with HIV positive colleagues held supportive attitudes 40% said they would not feel comfortable working with those who suffer from the disease and 44% felt that those infected had only themselves to blame.