News @SCESolicitors: posted by Samira Cakali (formerly Ali) aka Legal Eye Sam

I try and bring all interesting case law and all changes in legislation to your attention in a simplistic form. I hope you enjoy reading my posts and please do leave your comments. If you would like to get our monthly newsletter please email me on samira.cakali@scesolicitors.co.uk. Please note that the information in these blogs is to provide information of general interest in a summary manner and should not be construed as individual legal advice. Readers should consult with us or other professional counsel before acting on the information contained here.

  • 3 Things We Learnt In Law This Week (18 April 2019)

    Tags: Employment Law, Employment Tribunal, Unlawful Deductions, Overtime

    Holland & Barrett Employee Wins Overtime Case

    A tribunal has ruled that Holland & Barrett made unlawful deductions from the pay of an employee who was required to carry out tasks beyond his contracted hours.

    Mr Fitz was employed as a supervisor and was required to cover for the store manager if they were absent. This required opening the store in the morning and closing the store in the evening, among other tasks that needed to be completed during opening hours.

    Closing the store involved four stages: closing the tills on the shop floor; reconciling the tills in the back office; closing the register and locking up the store, all of which Holland & Barrett told the tribunal took a few minutes. However, Fitz claimed that he also had to undertake other additional tasks at the … more

  • Tips For Tackling Long-Term Sickness Absence

    Tags: Discrimination, Employment Law, Sickness Absence, Sickness Absence Policy, Long-Term, Sick Leave, Employment Solicitors, Employment Advice

    Dealing appropriately with employees on long-term sickness absence from the outset can help achieve an earlier return to work. Where a return is ultimately not possible, it will reduce the prospect of a dispute escalating. These are our top three tips for tackling long-term sickness absence:

    Follow Your Policy

    Make sure you have a clear absence management policy in place and ensure it is properly understood and applied in practice by your managers.

    A policy should set out the rights and responsibilities of the employee and the expectations of the employer in the event that an individual has to take time off. Entitlement to sick pay and any qualifying conditions for the payment of sick pay should be included.

    The policy should explain the reporting process and specify when a doctor& … more

  • 3 Things We Learnt In Law This Week (11 April 2019)

    Tags: Unfair Dismissal, Flexible Working, Employment Law, Employment Tribunal, Employment Appeals Tribunal, Gross Misconduct, Rest Breaks, Court of Appeal, Reasonable Adjustments, Employment Solicitors, Working Time Regulations

    Employee Found Storing ‘Obscene Material’ On Online Work Account Unfairly Dismissed

    A Royal Mail employee who was allegedly found storing “obscene material” on his online work account has been awarded £53,142 for unfair dismissal and £9,360 in costs.

    On 10 October 2013, 28 files containing pornographic material were found on the cloud storage provided to employees. The police were informed and Mr Chokski, a Royal Mail employee of 27 years, was arrested, interviewed, charged, and bailed. It was widely known among the workforce this had happened.

    Mr P Chokski was dismissed for gross misconduct on 18 March 2014 for both the alleged content and for sharing the password to his account. An internal appeal then ruled the misuse of password alone was … more

  • How Do You Deal With A Neighbour Dispute?

    Tags: Mediation, Commercial Litigation, Dispute Resolution, Neighbour Dispute, Noisy Neighbours, Boundry Dispute

    Disputes can arise with your neighbours for many reasons, and it’s often hard to know what to do to resolve them. Fortunately, there are a lot of different things you can do if you are having a problem with your neighbour.

    Our advice on neighbour disputes addresses the most common problems you may encounter handling disputes with neighbours and provides some general advice on the different routes you can take to try and sort out any problems with the people next door. 

    The two most common neighbour disputes are: 

    Noisy Neighbours

    One common complaint people have is with neighbours who are too loud, often at antisocial hours. Whether it’s loud music or the endless barking of a dog, noisy neighbours can make it impossible to live your life in peace.

    Boundary … more

  • 3 Things We Learnt In Law This Week (4 April 2019)

    Tags: Maternity Leave, Sex Discrimination, Constructive Unfair Dismissal, Employment Law, Employment Tribunal, Unfavourable Treatment, Employment Solicitor

    Bar Manager Choked By Colleague At Christmas Party Wins Tribunal

    A bar manager who was choked at the Christmas Party by her manager has won over £6,000 in damages after, when she reported the incident, her manager joked to the perpetrator “Alright buddy? Hear you’ve been choking girls lately”.

    A bar manager who was left with anxiety, PTSD and partial facial paralysis after she was choked by a colleague at a staff Christmas party was constructively unfairly dismissed, Cardiff Magistrates Court has found. 

    Phillips reportedly told the tribunal how one of the business’s co-directors, Jason Pearce, had been heard joking about the incident, in which the club’s chef, Mr Webb, had allegedly gripped Phillips’ neck and left her unconscious.& … more

  • What Are Your Rights If You Buy Faulty Goods?

    Tags: Commercial Litigation, Dispute Resolution, Faulty Goods, The Consumer Rights Act, The Consumer Protection Act

    When it comes to faulty goods, many consumers are unaware of the protection and statutory rights they are legally entitled to. Shops often exploit their customers’ uncertainty and violate shoppers’ statutory rights by shirking their legal responsibility to remedy situations by offering refunds, repairs or replacements.

    The Consumer Rights Act

    Under the Consumer Rights Act 2015, traders are legally responsible to sell goods which are:

    ‘As described’, meaning the actual product must match any description(s) given to the customer before purchase by which the goods are identified.

    ‘Of satisfactory quality’, that is they are of a standard that would reasonably be expected taking into consideration the price paid and description. In appropriate … more

  • A Guide For Employers: Family Friendly Working

    Tags: Flexible Working, Discrimination, Maternity Leave, Employment Law, Employment Tribunal, Working Time Regulations 1998, Employment Rights Act 1996, Shared Parental Leave, Paternity Leave, Family Friendly Working, Part-time Working, Home Working, Health and Safety Risk Assessment, Time Off, Emergencies, New Parents, Childcare

    From shared parental leave to part-time working, in this guide we explore five things all employers need to know about family friendly working.  

    Shared Parental Leave 

    It’s not just women who can take up to 12 months off when they have a baby. Shared parental leave (ShPL) enables eligible parents to take time off together to care for their child or transfer leave to their partner during the child’s first year.

    ShPL can be taken in blocks separated by periods of work or be taken all in one go. Parents can also choose to be off work together or stagger leave (and pay).

    To qualify for ShPL, the mother must have been continually employed for at least 26 weeks ending with the 15th week before the week in which the baby is due and her partner must also have … more

  • Your Rights When Buying A Used Car

    Tags: Dispute Resolution, Litigation, Used Car, Sale of Goods Act, Consumer Rights Act, Private Seller, Car Dealer, Repair, Replacement, Refund

    Trading Standards has to deal with more complaints about used cars than any other product. But what are your rights when it comes to buying a used car? Just what legal protection do you have? 

    Returning A Used Car

    If you buy a second hand car that turns out to be faulty, your legal rights depend on who you bought it from and how the car was described. You have less legal protection when buying from a private seller than when buying from a registered dealer.

    Sale of Goods

    Replacing the Sale of Goods Act, the Consumer Rights Act covers the sale of new and used cars, but retains the old Act’s requirements that goods must be:

    • of satisfactory quality;

    • fit for purpose; and

    • as described. 

    A car fails to meet these requirements when it develops a … more

  • Can You Make An Employee On Maternity Leave Redundant?

    Tags: Redundancy, Maternity Leave, Redundancy Pay, Notice Pay, Employment Law, Employment Tribunal, Statutory Maternity Pay, Pregnancy and Maternity Discrimination

    Employees on maternity leave have special legal rights and protections and so before making such employees redundant you must tread very carefully and be aware of the following five things. Otherwise you could risk facing a costly claim.

    Genuine Redundancy Situation

    You must be able to prove that there is a genuine need to reduce your headcount. If the real reason you want to dismiss your employee is because she has had a baby or is on maternity leave, you will be discriminating against her and could face a discrimination claim.  So, you must have evidence to prove why you need to make redundancies.

    Fair Selection Process

    You must choose who you are going to select for redundancy fairly and reasonably. This means you must choose a reasonable selection pool and apply fair, … more

  • Is It Legal To Let Out My Property On Airbnb?

    Tags: Health and Safety, Tenant, Landlord, ispute Resolution, Litigation, Airbnb, Mortgage, Insurance, Damage to Property, Change of Use, Property Dispute, Subletting, Lease Terms, Accommodation

    You are a tenant, or a landlord, and you realise that you can make more money out of subletting or renting out your property on Airbnb than you are paying in rent or receiving from longer term tenancies of 6 or 12 months. What a great idea! Well think again… 

    The Risks As A Landlord

    Mortgaged Property 

    Most mortgages include a clause preventing any letting without prior consent and lenders would either say no or may consider granting consent subject to the payment of a fee. So, should you proceed anyway?  

    It is understandably appealing to either not approach your lender for consent or to go ahead anyway, even if they refuse. After all, how can they find out? They can and do. 

    Lenders monitor such websites and can carry out checks to see if … more

    

Reviews and Ratings for solicitor Samira Cakali, Leeds