Category Archive London Solicitors

Employment Law Update

Here is a summary of some recent significant cases:-

The Supreme Court ruled that employees who have been underpaid for their holidays can claim for the shortfall even if more than three months has elapsed between those underpayments. This increases the employers financial liability who are calculating holiday pay incorrectly.

The Employment Appeal Tribunal handed down a judgment on when employees behaviour on social media outside of the workplace can instigate disciplinary action by their employers. A sensitive matter as employees want to add their voices to the virtual debate.

The Supreme Court decided that in accordance with the European Convention on Human Rights Deliveroo cyclists are not employees.

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Divorce – Post, Pre Nuptial and Separation Agreements in Divorce Proceedings

The four main routes that these can be disputed in divorce proceedings are that either the agreement does not meet the applicant’s needs, duress, failure to provide full and frank disclosure or no legal advice.

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Commercial Property Sales Ascending

Solicitors in London are reporting many new significant instructions received from Middle Eastern clients who are taking advantage of a slack market. Investment funds and families are among those contributing to more than half a billion pound of freehold purchases.

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Residential Conveyancing is Up

The triple increase in property prices, number of transactions and the amount of properties on the market has been welcomed by residential conveyancing solicitors in London.

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Construction Contracts Drop

The fall in the number of construction contracts has been evidenced by a 25% insolvency increase in building firms since the pandemic.

Escalating inflation, delays in significant infrastructure projects, a drop in the construction of new homes and the cost increments of materials are the chief culprits here.

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Insolvencies Rising

Creditors’ voluntary liquidations are up on pre-pandemic levels as are compulsory liquidations as customer numbers drop off and costs increase.

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Commercial Leases

A large commercial property company in the West End of London has reported its tenants are generating sales in all sectors at a pace far in excess of pre-pandemic conditions. It has noticed a significant increase in lettings.

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Divorce includes Pension

Recent family court cases have confirmed that it pays to make a claim for at least a 50% share of the breadwinner’s pension in divorce proceedings. This is irrespective of whether it is the husband or the wife who is making the claim. Up to half of the pension could be awarded where there are circumstances effecting the future earning potential of the spouse e.g. illness.

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Unfair Dismissal and Redundancy

Unfair dismissal and redundancy pay will increase from the 6 April 2023:-

The maximum amount of “a week’s pay” for the purpose of calculating a redundancy payment or for various awards including the basic or additional award of compensation for unfair dismissal will increase from £571 to £643.

The limit on the amount of the compensatory award for unfair dismissal will increase from £93,878 to £105,707.

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Divorce Day

Does Divorce Day really exist? Family solicitors are divided on the matter.

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