Wrigley Claydon Solicitors

Category: Business & Employment

  • Wrigley Claydon mean business as they recruit a new commercial solicitor

    Wrigley Claydon mean business as they recruit a new commercial solicitor

    In a move that signals not only growth for the practice, but perhaps also for Oldham’s business sector as a whole, Wrigley Claydon have bolstered their Commercial Department with the appointment of a new assistant commercial solicitor.

    Soibilate Iketubosin has joined the practice to support the growing portfolio of corporate clients Wrigley Claydon looks after. Soibi will be assistant solicitor to John Porter, managing partner at the firm and offer legal advice, guidance and support to large corporations, SMEs and small owner managed businesses on Employment, Commercial/Corporate and Commercial Property matters.

    Of Soibi’s appointment, John Porter said, “We have been supporting businesses in Oldham for over 200 years. As the economy begins to grow again Soibi’s appointment will ensure that we have the capacity to support local businesses and help them to prosper.”

    Soibi joined in mid-January as a newly qualified solicitor after completing his training contract at Leslie Charles Solicitors, having done a secondment in Corporate at Manchester-firm JMW. He graduated from the University of Manchester in 2012 before completing his LPC at the University of Law. Soibi is passionate about business and enjoys the challenge of finding solutions for businesses.  He said, “I am very pleased to be joining such a prestigious firm. It combines the traditions and values that are so important in the legal profession, with excellent technology and an understanding of how modern business operates.”

    Soibi speaks French and German and is keen to learn Spanish. He hopes to utilise his language skills in his new role by offering his services as a translator, something which he hopes they will be of benefit to all Wrigley Claydon’s clients.

  • Accessing personal messages at work advice from Oldham employment law solicitor

    Accessing personal messages at work advice from Oldham employment law solicitor

    The European Court of Human Rights (ECHR) ruled recently the dismissal of a Romanian worker in breach of his employer’s company policy was lawful.

    Bogdan Barbulescu, who was sacked in 2007 for sending personal emails from his work account, argued that his employer had breached his right to a private life by reading his emails.

    On instructions from his employer, Mr Barbulescu had set up a work Yahoo account. During working hours it emerged he had been sending emails to his brother and girlfriend, discussing topics ranging from his health to his sex life.

    The ECHR, in defence of their decision, set out that Mr Barbulescu had been forewarned by his employer that his emails could be checked. The court ruled that his right to a private life hadn’t been breached and that his employer was entitled to sift through his emails.

    In light of the decision, several trade unions have encouraged employers not to intentionally “snoop” through employee’s emails and to ensure safeguards are put in place. Simon Walker of the Institute of Directors, said “Employees should not be subject to Stasi-style surveillance at work.”

    Advice for Employees

    A few simple tips will help keep most employees out of the gaze of trouble:

    1. Firstly employees should resist the urge to send personal messages (including emails) from work devices

    2. Where personal messages are sent from personal devices, avoid using work WiFi and use your mobile data instead

    3. Send messages outside of work time, such as during lunchtime

    4. If you cannot resist the urge to look at your phone, then turn it off.

    Advice for Employers

    It is important that employers have procedures in place to protect themselves. One of the reasons the Mr Barbulescu lost is down to the fact his employer had a policy in place. Have you got the following in place:

    1. Social media policy

    2. Privacy policy

    3. Email and internet usage policy

    4. Staff Handbook?

    Wrigley Claydon has a dynamic Employment department and can assist you in drafting and advising on these policies. If you want to have a chat with a specialist Oldham employment law solicitor, give John Porter a call on 0161 785 3529 or email info@wrigleyclaydon.com.
  • Equality in the Workplace

    Equality in the Workplace

    In light of Stonewall’s recent employer’s survey, Wrigley Claydon have decided to look at equality in the workplace, and specifically at LGBT rights in the workplace, about which both employers and employees need to be aware.

    The law is set out in the Equality Act 2010, which establishes 4 types of discrimination:

    1. Direct Discrimination happens when a person is treated worse than another in a similar situation. For example, an employee who is dismissed after mentioning that she has a girlfriend.

    2. Indirect Discrimination happens where an employer creates a discriminatory policy across the organisation which disadvantages employees who are LGBT. For example, giving company cars to married couples, but excluding civil partners.

    3. Harassment involves harassing or making jokes about LGBT colleagues. Jokes can be innocuous or deliberate, but both can constitute harassment.

    4. Victimisation occurs when an employee is treated badly because of having made a complaint relating to sexual discrimination. It can occur to an associate of an LGBT colleague.

    Equality in the Workplace – How employers should act

    Here are top tips:

    1. Do not tolerate abuse of LGBT staff by customers or employees;

    2. Ensure there are no company policies that would indirectly discriminate against LGBT employees.

    3. Do take seriously any complaints LGBT staff may have. Make sure to deal with any bullying from other employees as a matter of priority.

    4. Do not disclose a person’s sexuality without their express consent.

    Equality in the Workplace – What can employees do

    Here are some suggestions:

    1. Firstly try to resolve the matter with the people who are bullying you. If they joke about you, ask them politely to stop.

    2. If your colleagues are more sinister, talk to your supervisor immediately. If you are afraid, take a colleague with you.

    3. If the matter does not improve, raise it with a senior manager.

    4. If discrimination persists, consider taking legal action against your employer.

    If you are concerned about Equality in the Workplace, whether you are an employer or and employee, please contact our Oldham employment solicitors for some initial advice. We would be happy to assist you at any stage step of your journey.

    Please get in touch with our Employment department directly on 0161 785 3529 or email John Porter jap@wrigleyclaydon.com or Soibilate Iketubosin si@wrigleyclaydon.com

  • Employment law advice following Chelsea FC physio dismissal

    Former Chelsea team doctor Eva Carneiro’s lawyers have served notice on the club that she intends to seek a claim for constructive dismissal.

    It is understood that a claim form was served on Chelsea this week to commence a claim in the employment tribunal unless an out-of-court settlement can be agreed before a hearing takes place.

    An employment tribunal hearing would take place in public and could be potentially embarrassing for the club.

    The doctor was dropped from first-team duties on 8th August after she and a physio John Fearn were criticised by manager Jose Mourinho, who called them naive for going on to the pitch to treat an injured Eden Hazard – the player had to leave the field temporarily as a result meaning Chelsea were briefly down to nine men, after already having had a player sent off.

    Whether you are an employee or an employer, at Wrigley Claydon our Employment tribunal solicitor Oldham, can advise you on all aspects of employment law in a practical, friendly, down to earth manner. Please contact us on 0161 624 6811.
  • A guide to Shared Parental Leave

    A guide to Shared Parental Leave

    As of 5th April 2015 new rights came into play for new parents.

    Shared Parental Leave (SPL) is now a viable option for many families, meaning both mother and father can take an equal share in the early care of their child.

    Up to 50 weeks of leave (37 paid) can be shared by parents if they meet certain criteria. Pay is £139.58 a week or 90% of an employee’s average weekly earnings, whichever is lower.

    Previously it has been the mother who stays at home with a new child, usually because of favourable maternity leave benefits. The father has two weeks paternity leave immediately after the birth or arrival of an adopted child, and then returns to work.

    The new rulings allow parents to split their leave up, should they wish. Both parents need to be eligible for SPL, and the mother needs to stop receiving her Statutory Maternity Pay (SMP) to allow the father to “take over”. How the leave is divided up is down to the individual family. Parents may share the leave 50/50, or one parent might take a higher proportion of the leave. As long as the mother isn’t claiming SMP, the father is entitled to statutory pay.

    What’s interesting is that if eligible, blocks of leave can be can taken, with periods of work in between rather than taking it all in one go.

    The move is certain to benefit many families, particularly where the mother is the main earner. From a work/life balance and well-being point of view it is believed many men will experience a greater bond with their new child by adopting the role of sole carer. However, experts believe it may take some time to truly take effect.

    Although employers cannot refuse SPL where an employee is entitled to it, many men may feel taking a large period of leave could be detrimental to their career. Social stigma may also play a part in the decision to take SPL.

    SPL is commonplace in Scandinavian countries, Germany, parts of Canada and more recently Australia. Uptake is popular in these countries with many men seeing the benefits of being at home with their child. It remains to be seen how many families will take advantage of the new laws in the UK.

    If you’re an employer and would like to know more about the new Shared Parental Leave entitlements, please contact our Employment Law department. If you are a parent-to-be and are considering SPL, full details, eligibility criteria and a pay calculator can be found on the Government website.

    Please call 0161 624 6811 or use our online contact form.

  • A clear direction on compassionate leave from Oldham employment solicitors

    It’s been widely reported that businesses up and down the country received calls from employees asking for compassionate leave following Zayn Malik’s departure from One Direction this week.

    There’s no doubt the World’s No. 1 boy band have legions of loyal fans who feel some sort of personal connection to its five members but where is the line drawn?

    From a legal perspective, it’s quite simple. Employment law states employees are entitled to time off for emergencies involving dependants or immediate family.

    A dependant is someone who relies on you for care and could be a spouse, partner, child, parent, grandparent or someone else living in your household.

    The law states compassionate leave can be taken if an employee’s dependant dies or suffers a life-threatening or serious illness or injury. The specifics of what is classed as an emergency and how much paid time off you can take are at the discretion of your employer or in your company handbook. Most employers are fair and will allow you time off for a genuine, unforeseen emergency such as to collect a sick child from school.

    A grown man of no relation to you voluntarily leaving his job does not qualify for compassionate leave. In this instance you can, if you wish, allow your employee to take unpaid holiday for their absence.

    If you are an employer and receive what you believe to be an unreasonable request for compassionate leave from an employee you can seek advice from our Oldham employment solicitors.

    Please call Partner John Porter and the Wrigley Claydon employment law team on 0161 624 6811.
  • Employment law solicitors await BBC/Clarkson decision

    Employment law solicitors await BBC/Clarkson decision

    It has been claimed that Jeremy Clarkson’s suspension from Top Gear was due to him punching a producer in a row over catering while filming on location.

    If Clarkson were an employee and the case upheld, the BBC will have little choice but to sack him, as it was made clear to him last year that he was on a final warning after a racism row after claims that he used an offensive word during filming.

    How Wrigley Claydon employment law solicitors can help you

    Having problems at work can be a daunting and traumatic experience. Wrigley Claydon employment solicitors are here to advise you, whether you are an employer or an employee, on what action you can take. We will help make the process as clear, stress fee, and affordable as possible and will be with you every step of the way.

    Speak to one of our employment law solicitors by calling 0161 624 6811 or email John Porter, our employment law specialist.
  • Legal advice on the National Minimum Wage

    Legal advice on the National Minimum Wage

    HMRC ‘named and shamed’ 37 National Minimum Wage Offenders in January 2015 as checks are set to become tougher on offenders. The named companies are now required to pay £51,000 in fines along with the money that their employees are owed.

    H&M and Welcome Break were among the companies listed, blaming their employees underpayments on time logging and technical issues.

    Following the publication of the list HMRC have announced that they are increasing their enforcement budget by £3 million over the 2015-2016 financial year. The extra money will go towards increasing the number of HMRC compliance officers that investigate suspected minimum wage offenders.

    If an employer is found to be guilty of paying below minimum wage they are required to pay arrears immediately plus the amount that the government fines them for their offence.  It is a company’s responsibility to keep records proving that they are paying minimum wage to their employees and if they were to be investigated these records would be reviewed.

    It is essential that employers are aware of the regulations that are in place to protect their employees from being paid less than the national minimum wage. However it is also important that employees are made aware of the legal requirements that their employer has to meet in terms of payment.

    To view the minimum wage rates visit gov.co.uk.

    If you are looking for advice on employment law our team have extensive experience and will be able to guide you through any problems you may have. For more information contact our employment law specialists on 0161 624 6811 we will be happy to help.
  • Changes to consumer law: fixture or chattel?

    Changes to consumer law: fixture or chattel?

    If you’re planning on leaving your commercial property and want to remove certain items, what are your rights and where do you stand in terms of the law?

    The area of defining what is a ‘fixture’ and a ‘chattel’ can be difficult.  However, understanding the difference between them will help you determine what you can and cannot take with you at the end of your lease.

    In law, a fixture is generally defined as: an article attached to land and regarded as part of it OR a chattel that has been attached to property so that its removal would damage the property and may therefore be considered as part of the property.  The exception is a ‘trade fixture’, or item of machinery.  If the object can be removed without causing substantial damage to the premises it is the tenants to take.  If the structure of the property is compromised by its removal, it must stay in place.

    A chattel is an item of property other than freehold land, including tangible goods and leasehold interests.

    But which is which; fixture or chattel?

    The general rule is;  if it is a fixture, you can’t take it away, if it’s a chattel, it belongs to the tenant and can be removed.

    In a recent case, a court had to decide whether large items of plant machinery installed in a steel mill by a tenant were fixtures or chattels.  The High Court had held that all bar one of a hundred items were either chattels or tenant’s fixtures and could therefore be removed by the tenant.  The landlord appealed because the lease contained a clause, which in their view, overrode the removal.  The Court of Appeal agreed with the landlord.

    As well as knowing how to classify items, it’s also imperative that you check the wording of your lease to ensure nothing can override your right of removal.

    If you are still unclear and feel you need some expert advice about your commercial lease and the removal of items at the end of it, please contact one our Commercial Property solicitor John Porter. He’ll be happy to look over your existing lease or can assist in the writing of a new one.  Call 0161 785 3529, email info@wrigleyclaydon.com or fill in our web enquiry form.
  • Do I need a music license to play music at work legally?

    Do I need a music license to play music at work legally?

    When you play music at work you may not be aware that you need a licence for it. Many bars, restaurants and retail stores play recorded music whilst some offices and many factories and workshops allow the use of radios or background music for their staff to listen to while they are working. If you fall into one of these cases, you need to obtain (and pay for) a licence from the Performing Rights Society (PRS for Music) or Phonographic Performance Limited (PPL) for playing music in public.

    PRS and PPL are different licences. The first, allows you to play live music and collects and distributes money for the use of the musical composition and lyrics on behalf of authors, songwriters, composers and publishers. The second one, represents the copyright interests of record companies and performers and allows you to play recorded music or music videos in public, including radio and TV.

    The cost of the licence varies depending on many factors like business type, the size of the area in your business that the music can be heard in, how recorded music is used in your business (as background music, via a TV, telephone on-hold system, etc), and even the environment it is used in like in dance and exercise classes.

    If you don’t get a licence, you can be fined for copyright infringement and you may be liable to pay damages and costs. For this reason, it’s vital that you ensure your workplace is legally registered to play music whatever way you choose to listen to it.

    It’s not necessary to have a licence if you are a lone worker where music is not made available to any visitors or customers, or if you are listening to music on a personal portable device through earphones in your workplace.

    If you have any doubts about which licence is right for your business or organisation, and you want to obtain more information about PRS and PPL, you can call us at 0161 624 6811 and speak with our team of professionals or send us a message through our contact form.