Clarke and Son News

The age discrimination laws could seriously endanger the national minimum wage  system, a business group has warned.

The British Chamber of Commerce said that employers could be challenged under the new age legislation, which comes in to force on October 1st.

The national minimum wage is also due to rise on 1 October. The national minimum wage will increase from £5.05 to £5.35 per hour for employees
over the age of 21, from £4.25 to £4.45 an hour for 18-21 year olds and to £3.30 an hour for 16 and 17-year-old workers.

A Chamber spokesman told BBC News that the government was in a mess over the age regulations saying that the government’s own minimum wage law discriminates against people on the grounds of age.

"They are in a pickle. If this were the subject of a legal challenge, based on the new age law, the government may put the minimum wage rates of the under-21s up to the same level as the
over-21s."

The Age and Employment Network, a charity dedicated to improving the employment prospects of older workers, also said a legal challenge to minimum wage rules could be likely.

"I am sure it [minimum wage law] could be challenged," said Patrick Grattan, The Age and Employment Network chief executive.

"It could be considered unfair to pay someone a different wage based on their age rather than someone being more competent it is the assumption that they are open to pay more."

But Grattan said the government may be able to defend the national minimum wage system.

"The government may be able to defend the law on the grounds that the different rates of minimum wage for under-21s are in place to encourage more younger people to stay on in education rather than find a job," he said.

If you are looking for advice on your employment policies, contact Nicholas Bowers.

Source. Personnel Today

People buying or selling a house are to be offered clearer information by estate agents as a strengthened code of conduct is introduced for the industry.

From 1 October the Ombudsman for Estate Agents (OEA) code will request its 2380 member firms to be clearer on charges and give more information to buyers. Agents breaking the code could have to pay compensation of up to £25,000.

Less than 50% of agents belong to the OEA scheme but, with pressure from consumer groups, the government is expected to outline plans to make membership of the OEA scheme obligatory for estate agents.

Under the new code of conduct, OEA members have to inform anyone viewing a property if an offer has already been made. If a buyer has made an offer, the estate agent must also confirm in writing that their approach has been passed to the seller in written form.

Also, estate agencies whose fee is based on a percentage of the selling price must express this as an actual amount and explain that this will change if the selling price moves up or down.

For more advice on how Clarke & Son can help your house move run smoothly, please visit the moving home section.

Source: BBC

If you run a business, or are thinking of forming a business with people you know, or people who are quite new to you, some of the key documents you need in place relate to protecting yours (and your companies) interests.

This report from Personnel Today seems to suggest that they are documents that any company should have.

Almost one third of UK directors have stolen confidential information from their employer, research has revealed with about 29% of the 1,385 employees surveyed admitted to taking confidential company material when they left for a new job.

If you need advice or would like to contact us, visit out Commercial Services Section.

A survey conducted on 2,067 female workers by the legal services firm Peninsula, has found that women are feeling more victimised in the workplace today than in 2002 when the survey was last conducted.

•    Almost three out of four (72%) of women claimed to have been bullied in the workplace because of their gender.

•    Only 8% of women would feel comfortable telling their boss if they felt harassed in the workplace.

•    82% of women felt that their career progression was hampered by their sex compared to 78% of women in 2002.

•    72% of women had felt intimidated in work by their male colleagues.

Peter Done, managing director of Peninsula commented that, "Tribunals are increasingly looking at written policies and procedures enforced by employers, and will almost certainly find an employer to be failing in their duty of care if they do not have a written and well-publicised equal opportunities policy."

If you have a related query then please contact our employment law expert Nicholas Bowers.

The Bank of England has left UK interest rates unchanged at 4.75% following its latest meeting.

A further rise will depend on consumer spending and the strength of the housing market, analysts say, although some are predicting a rise to 5% in November.

Ref. BBC

Two elderly sisters who have lived together since birth are taking the Government to the European Court of Human Rights. Joyce Burden, 88 & Sybil 80, who live in Marlborough are set to face a large Inheritance Tax bill when one of them passes away which will result in the other being force to sell their family home.

The 2004 Civil Partners Act made it possible for same sex couples to benefit from Inheritance Tax laws whilst co-habiting couples are unable to make any such Inheritance Tax claims.  The sisters are fighting to have cohabiting couples recognised in the same light as both those who are married and those who enter civil partnerships. 

The threshold at which tax is paid is set at £285,000 with a 40% rate set thereafter, meaning that the sisters are set to loose a lot from their family home and grounds which is estimated to be worth £875, 000.  Having written to the Chancellor before the budget every year since 1976 they were surprised when in 2005 they wrote to the European Courts with no legal advice and had their case accepted. Their legal bill is expected to top £20,000.

Clarke & Son are pleased to announce that Lisa Griffin has completed her two year training contract and is now fully qualified as a Solicitor.   

Lisa has agreed to remain with Clarke & Son and will specialise in Company & Commercial Property work assisting Partners Peter Turner and Charles Marchant White.  Senior Partner Peter Turner said that he is delighted that Lisa has agreed to continue at Clarke & Son and to specialise in Company & Commercial Property work where she will be a valuable addition to the department.