Ilinca Mardarescu, Author at Aston Bond

Redundancy Rights Guide

Posted on June 26, 2026July 1, 2026 by Ilinca Mardarescu

Redundancy is the term to describe when an employee’s role is no longer needed in a company. Common triggers for redundancy include business restructuring, mergers, automation, a drop in demand, or insolvency. It is not defined as dismissal as it can only be in the case where the role that the employee is considered redundant ceases to exist and no one else can be hired for the role. This makes redundancy about the role rather than the individual.

Redundancy selection and consultation

When deciding which employees to be selected for redundancy, employers must choose based on objective attributes such as skill, experience and capabilities rather than protected characteristics such as age, sex, pregnancy or disability. Selecting an employee based on a protected characteristic is unlawful as it is seen as discrimination, as outlined in the Equality Act 2010, and can be considered as unfair dismissal in which the employee can raise a claim. Before making redundancies, employers are required to explore alternatives, such as changing working hours, offering voluntary redundancy, or redeployment. They should also conduct consultations in an attempt to explain why redundancies are necessary and how employees are selected.

Voluntary redundancy

Voluntary redundancy allows employees to choose to leave the company in exchange for financial compensation. This is a common offer that companies utilise to avoid selecting specific employees for redundancy and it gives employees some control over the terms under which they depart.

That said, all employees may be entitled top redundancy pay under the National Employment Standards if they have at least 12 months of continuous service and are covered by the national workplace relations system. If they have worked for one year, the amount can be around four weeks of pay whereas if they have worked for nine years, the amount can be up to 16 weeks of pay, with the first portion free from tax. Generally, small businesses, with fewer than 15 employees are excluded from this.

Additional rights

Employees may be offered suitable alternative roles if possible, rather than being made redundant however, if the employee refuses this offer and chooses redundancy, their redundancy pay can be affected. In cases where the employer goes out of business, employees are entitled to claim redundancy pay from the government as the employer would no longer be able to pay them. If employees believe that the redundancy process was unfair or discriminatory, they can appeal or take legal action.

Unfair redundancy

Unfair redundancy generally falls into two categories which are procedural unfairness and substantive unfairness. Procedural unfairness happens when an employer fails to follow the correct process to make the employee redundant, for example not consulting the employees, ignoring collective consultation rules for large scale redundancies or choosing based on unfair criteria. On the other hand, substantive unfairness is when an employer uses redundancy to dismiss an employee for an unrelated reason, such as discrimination based on protected characteristics.

If an employee feels that they have been unfairly made redundant, they can start by sending an appeal to their employer and explain why they feel as though their redundancy is unfair. If the appeal is unsuccessful, they can result Acas for early conciliation which is a mediation service which must be completed before taking legal action. If that too fails, the employee can make a claim to an employment tribunal. In general, you must have had 2 years of continuous service to claim to have been unfairly dismissed however in cases that involve reasons that are considered automatic unfair dismissal, there is no minimum time that the employee has had to serve under the employer.

If you require expert legal advice or support with any aspect of your matter, our experienced team of solicitors at Aston Bond are here to help. We are committed to providing clear, practical and tailored legal solutions to help you move forward with confidence. Contact our team today on 01753 486 777 or email info@astonbond.co.uk to discuss how we can assist

Domestic Abuse Injunctions Explained

Posted on June 26, 2026July 1, 2026 by Ilinca Mardarescu

A domestic abuse injunction is a court order which is designed to protect victims from further abuse by legally restricting the abuser’s actions and contact. It can require the abuser to stay away from the victim’s home, workplace, school and can even include other protective measures such as temporary custody of children and pets. Injunctions by nature are civil, however they are enforceable by law, and violating them can result in criminal penalties.

Eligibility for a domestic abuse injunction

The domestic abuse injunction, also known as an Order of Protection, requires the plaintiff to have a specific relationship with the defendant in order to qualify for one. One of the relationships is that they must be married or have been formerly married to qualify for the injunction. They could also be in a romantic or sexual relationship with the defendant, which can be current or from the past. In other cases, they could be related either by blood or legally, such as a parent, grandparent sibling and even a child. For harassment injunctions, the plaintiff must show a pattern of acts that would alarm or harass a reasonable person and serve no legitimate purpose.

Types of Injunctions

There are different types of injunctions that someone can get. Firstly, there is a domestic violence protection order which is temporary and can be issued by the police to provide immediate protection to victims. In urgent situations where there is risk of harm, they can be applied for without the need of the victim’s consent. There are also non-molestation orders which prevent an abuser from harassing, intimidating, or pestering a victim. These can be applied even in the absence of physical violence as it primarily protects the victim from emotional and psychological abuse. There are stalking protecting orders which protects victims from stalking behaviour and can be issued by the police to prevent the stalker from making contact with or approaching the victim. Occupation orders dictate who has the right to live in a family home and can leave an abuser with no choice but to leave a home or even remain a certain distance from the home. Then there are forced marriage protections which prevents marriage arrangements from being made against the will of the victim to protect them from being forced into a marriage. Lastly there is female genital mutilation protection orders which protects women and girls at risk of genital mutilation and can stop them from being taken abroad for the procedure.

Duration of injunctions

For the duration of injunctions, they are usually granted for a fixed period, usually ranging from between one to two years. The court will usually set the duration based on the circumstances of the case and the behaviour being restrained as this will dictate the threat towards the applicant and therefore the need to get the injunction. In some cases, an injunction can be set to be indefinite which means that it has no set end date. These are usually used in situations which involve serious or ongoing risks, such as domestic abuse or repeated anti-social behaviour. However, indefinite injunctions can be reviewed or varied if the court deems that the circumstances have changed.

Violation of a domestic abuse injunction

In the UK, if someone violates a domestic abuse injunction, they can expect severe legal consequences such as imprisonment as breaching a court order is considered contempt of court. Respondent are advised to carefully view an injunction so that they can avoid any prohibited contact and if accused of violating the injunction, to seek legal advice.

Financial Consent Orders

Posted on June 26, 2026July 1, 2026 by Ilinca Mardarescu

A financial consent order is a legally binding court document that formalises financial agreements after divorce or civil partnership dissolution which protects both parties from future claims. It makes an individual’s financial agreement with their ex-spouse or civil partner legally binding which covers the division of assets such as property, savings, pensions and debts. Additionally, it may be able to include arrangements for spousal maintenance. It can also include a “clean break” clause which would permanently sever financial ties between the two parties so that there is no risk of potential claims in the future.

Purpose of a financial consent order

A consent order provides legal protection and certainty as the terms are enforceable through the Family Court once enforced by the judge. It ensures that both parties comply with the agreed financial arrangements and prevents future disputes over property, pensions or maintenance. Mortgage lenders and pension providers can also release or transfer assets, as they also require a court order. If there is a breach, it can be challenged in court, therefore it is essential to get the correct advice and take the optimal approach for the situation in order to secure the right division of assets.

Obtaining a financial consent order

To obtain a financial consent order, the two parties must first agree on how they will divide their finances. Mediation is often a recommended method when attempting to reach a fair settlement. A solicitor can then be hired to draft the order which clearly details finances and assets Once the order have been written up, the forms will then be sent to the Family Court along with the £60 court fee. It is then up to the judge to review the order submitted and determine whether they deem it to be fair. Once the order is approved by the judge, it becomes legally binding and a breach of the order will be considered contempt of court. In the case that the judge deems in unfair, they may request changes to be made before approving the order.

Breach of a financial consent order

The breach of a financial consent order can result in severe legal consequences, such as contempt of court, as it is a deliberate disobedience of a court order without an acceptable excuse. If the application for contempt of court is successful, it can result in financial penalties and in some cases, even imprisonment. The court might also impose custodial sentences in cases where all other enforcement measures were unsuccessful. On top of that, the breach of a court order can expose a party to legal costs which could result in them paying foe the other side’s enforcement costs. It is crucial to understand the legal framework for dealing with these types of breaches and the enforcement mechanisms available in court in order to navigate these situations effectively.

Alteration to a financial consent order

In cases where a party wants to alter a financial consent order, they must follow the legal process outlined by the Family Procedure Rules 2010. This process requires the party to submit a variation to the court, which is often a necessary step if there is a significant change in circumstances or if the original order continues to require ongoing payments or obligations. It will then be up to the court to assess the proposed changes and if they deem them to be fair and reasonable, they will approve it. To avoid any delays or complications in the process, it is essential to ensure that all the documents are prepared and submitted without error.

Grandparents’ Rights

Posted on June 26, 2026July 1, 2026 by Ilinca Mardarescu

Grandparents’ rights refer to the legal rights that grandparents have to seek visitation or custody of their grandchildren, which can vary significantly by region or circumstance. It is often the case that grandparents seek to maintain relationships with their grandchildren, however their legal rights can be limited compared to those of parents.

Rights to custody or visitation

Under certain conditions, grandparents have the right to petition for custody or visitation of their grandchildren such as when parents are going though a divorce or separation. If this is the case and the courts deem that the grandparents have an established relationship with the grandchild, they would consider whether denying visitation would harm the child. Alternatively, in the case that one of the parents of the child has passed away, grandparents may have even stronger grounds to seek visitation or custody, in particular, cases where the grandparents have a close relationship with the grandchild. In more extreme cases, if grandparents strongly believe that the parents of the child are unfit to raise them for issues such as neglect or abuse, they may petition to gain custody. However, they must be able to provide evidence to support their claims in order to gain custody of the child.

Factors considered by courts

When courts are considering whether to grant grandparent the right to visitation or custody, they typically consider the best interests of the child as this is their main priority when determining whether the grandparents should be granted visiting rights. This would include their physical and emotional conditions when determining whether it would benefit the child if they granted the grandparents visiting rights. They would also consider the existing relationship with the child and their grandparent, including how present the grandparent has been thus far in the life of the child when evaluating the relationship between the grandparent and child. That said, the court is still required to respect the rights of the parents and when considering the upbringing of the child, the court must balance the wishes of the parents as well as the grandparents.

The nature of grandparents’ rights

Grandparents do not automatically have legal rights to see their grandchildren as parents have the right to determine who can come into contact with their child. However, they can be granted this right either through the parents of the child or if the parents refuse them the right and they have a valid reason why they should have custody or visitation of the child, they can have a court hearing. The first course of action would be to attempt informal contact with the child’s parents and if that fails, they can apply for a court order if they feel like contact with their grandchild will be in their best interest. It is recommended to seek legal advice in order to navigate the process effectively and ensure that the child’s interests are prioritised.

Pregnancy Discrimination at Work

Posted on June 26, 2026July 1, 2026 by Ilinca Mardarescu

Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act prohibits discrimination based on pregnancy, childbirth or related medical conditions. For this reason, pregnancy is considered a protected characteristic as outlined in the Equality Act 2010 and makes it unlawful to treat a woman unfavourably because of her pregnancy or any matters related to it. This protection applies from the start of pregnancy until the end of maternity leave.

Key rights at work

One of the key rights that pregnant employees have is the protection from dismissal and redundancy. This protects the, from being unfairly dismissed or selected or redundancy due to pregnancy or maternity leave and employers must offer suitable role alternatives if there are some available. Employees are also entitled to up to 52 weeks of maternity leave, with statutory maternity pay if they are eligible for it. Upon coming back from maternity leave, the employees are entitled to return to the same job, unless it is not possible, in which case they are to be offered a suitable alternative. Employers must protect the health of pregnant employees and their babies, including reasonable adjustments and paid time off got antenatal care.

Unlawful discrimination

Unlawful protection would be any action where an employer does something that is not favourable in the eyes of the employee based on the fact that they are or were pregnant such as denying a promotion because an employee is on maternity leave or reducing shifts when they return from maternity leave. Protection from these actions applies to employees, casual workers, agency workers, freelancers and contractors from day one of employment. Even after the protected period, a case may be deemed to be under sex discrimination if the treatment is linked to pregnancy or maternity.

Workplace accommodations

Employers make accommodations for pregnant employees in the workplace such as allowing them to alter their work hours or work type to help them. In these situations, it is key that the employers and employees maintain clear communication to ensure that the necessary adjustments are made so that all pregnant employees can have changes made to match their unique needs. There must also be confidentiality to the discretion of the employee regarding aspects of their pregnancy such as their medical records as it is their right to privacy in regards to such information.

Enforcement of protection

The Equal Employment Opportunity Commission enforces federal pregnancy discrimination laws stated before such as Title VII. Employees are able to file complaint with the EEOC if they feel that they have experienced discrimination due to the fact that they are or were pregnant during the time of their employment or if they feel that they have been denied accommodations that they have requested to have been made. Legal action may include claims for unfair dismissal, discrimination, or victimisation under the Equality Act 2010. In summary, the Pregnancy Equality Act ensures that women are protected from unfair treatment as stated about on the basis of their pregnancy, maternity, or related medical conditions. This provides robust work rights which creates a comfortable workplace for pregnant employees and ensures that there is no discrimination in their place of work.

Employment Tribunal Time Limits

Posted on June 26, 2026July 1, 2026 by Ilinca Mardarescu

An employment tribunal is a specialised judicial body that resolves disputes between workers and employers upon the submitting of a claim. It serves as the main forum for resolving issues related to unfair dismissal, discrimination, and wage disputes. Employment tribunals are part of the wider judicial system and handle claims from individuals who believe they have been treated unlawfully by employers or employees in their workplace.

An employment tribunal claim is a formal request that is made to resolve a dispute between an employee and an employer. The claim can only be made if the claimant has experienced unlawful conduct by the employer which includes unfair dismissal, discrimination, wage disputes, and other workplace issues. The tribunal will be the independent body who will assess the claim and use the evidence provided to make a decision. The employee does not have to pay to make the claim however other costs may be involved such as legal fees.

Standard time limits

Employment tribunal claims are often based on unfair dismissal, constructive dismissal, discrimination or whistleblowing which often comes with a six-month time limit from the date of the situation or the date of the dismissal, minus one day. This six-month limit is a new update from the previous three-month limit, which was extended in the Employment Rights Act 2025, effective October 2026.

Acas Early Conciliation

Before most claims are submitted, the employee must notify Acas in order to commence Early Conciliation. THE Early Conciliation period can last up to twelve weeks which is double the previous six week maximum which was changed on 1 December 2025. During this time period, the tribunal time limit is paused which allows the employee an extra twelve weeks to submit a claim. Once the conciliation ends, Acas issues a certificate to the claimant which they will use to file their tribunal claim.

Extensions and exceptions

It is very rare for an extension to be granted once the time limit has passed and is only able to be granted if it is deemed that it was not reasonably practicable to submit the claim on time. That said, in some cases it is deemed that it is just and equitable to extend the period. With this in mind, it is apparent that judges have discretion and can grand extensions if the circumstances demand it; however, extensions are difficult for a claimant to obtain which is why it is strongly advised that the claims are submitted within the statutory period.

Child Arrangements Orders Explained

Posted on June 26, 2026June 30, 2026 by Ilinca Mardarescu

A child arrangement order is a UK court order that determines where a child lives, who they are able to have contact with and how much time is shared between parents or guardians. It replaces terms like “residence orders” and “contact orders” by encapsulating the principle into a single and specific order and is governed by Section 8 of the Children Act 1989. Each order is tailored to the circumstances and has the child’s best interests in heart in relation to their mental and physical wellbeing and development rather than following a fixed formula.

Types of child arrangement orders

There are two types of child arrangements orders which are live with orders and spend time with orders. The live with order specifies where and with who the child will live. A joint live with order allows the child to live with both parents which promotes co-parenting; however, this does not necessarily mean that the child lives with each parent for an equal amount of time. Spend time with orders then determine the circumstances under which a child spends time with the non-resident parent or other family members. This can either be direct contact which allows the child and the adult to meet face to face or indirect contact which would be letters or phone calls if direct contact is deemed unsafe or impractical.

Need for child arrangement orders

Often, child arrangement orders are obtained if the child’s welfare is at risks as this is the primary concern of the court. This results in the child protection order having the child’s best interests at the forefront. In cases where the protection of the child is at risk, the court aims to provide a solution that protects the child’s welfare, regardless of the preferences of their parents. Secondarily to this, a child arrangement order may be sought if there is a disagreement between the child’s parents concerning the living arrangements and contact arrangements of the child. If the parents are unable to reach an agreement on this, the court is able to provide some clarity and ensure that the arrangements are legally binding. This way, the risk of one of the parents or guardians involved going against this agreement is massively reduced.

Applying for child arrangement orders

In cases where parents are unable to agree on arrangements regarding this child, the parent, guardian or anyone with parental level responsibility over a child are able to apply to the court. In some cases, a grandparent or other relatives may be able to apply as well however this usually requires permission from the court in advance. Before applying is possible, parties are generally made to attempt to reach an agreement without the need of a court hearing with some cases being exempt from this such as cases where domestic abuse is involved. If the parties are not able to reach an agreement, a form can be submitted so that the case can be decided by a court hearing.

Varying or breaching an order

Child arrangement orders can be altered if thee circumstances of the child’s family has changed or the court deems it right that the child should be able to evolve. The applicant must present an airtight proof in order to demonstrate that the changes are in the child’s best interests. If the parties agree to depart from the order, it is not considered to be legally binding unless officially varied by the court.

Breaching a child arrangement order can lead to severe legal consequences which can include fines, imprisonment and modifications to the existing order. Breach of this order is considered contempt of court as it is going against a court issued order and, in these cases, the other parent can apply to the court to modify the existing order to better protect the child and to reduce the risk of another breach of the order. In some circumstances however, such as emergencies or unforeseen events, a breach may be considered reasonable, and the court may decide that the breaching party had a valid reason for going against the court issued order.

Whistleblowing Protection Explained

Posted on June 26, 2026June 30, 2026 by Ilinca Mardarescu

Whistleblowing is the term attributed to the act of reporting improper conduct, corruption or unethical behaviour that affects others, legally known as “making a disclosure in the public interest.” It is essential that whistleblowers ate motivated by a commitment to public good rather than having a personal agenda such as revenge. Whistleblowers can report concerns within their company or organisation to supervisors or compliance officers or outside of their company or organisation by reporting to law enforcement or media. Although internal reporting is a common practice, external reporting may be necessary if it poses a threat to public safety.

Threats associated with whistleblowing

Whistleblowers often face risks that can involve loss of their job, damage to their reputation and high levels of stress. Regardless, it still occurs as it is an act that plays a crucial role in ensuring public safety and promoting accountability. The act of whistleblowing, although it presents personal risks, can prevent disasters and can save lives which makes in an essential act if a situation presents itself where it is necessary.

Whistleblowing protection

Whistleblowing protection refers to the legal safeguards that are in place for the individuals who have reported wrongdoing in the workplace to ensure public safety. In the UK, whistleblowers are protected by law if their disclosure qualifies for whistleblowing and is in the public interest. This states that they legally cannot be dismissed or subjected to any detriment for reporting concerns that involve illegal activities and they must be protected from retaliation if they report wrongdoing.

A disclosure is considered protected if it meets certain criteria under UK law which is stated in the Public Interest Disclosure Act 1998 as incorporated into the Employment Rights Act 1996. In order to qualify for a protected disclosure, the worker must reasonably believe that the information shows wrongdoing and the disclosure must be in the public interest. If the disclosure contains any of these factors or any other factors such as criminal offences or health and safety dangers, the disclosure and the whistleblower have the right to be protected under the law.

Qualification for protection

Legal protection can apply to any worker that makes a protected disclosure which includes employees, trainees and those who are on work experience. Protection starts from the beginning of employment and can continue after the worker has left the employer. However, some people are not usually protected by whistleblowing law, including y self-employed people, volunteers without an enforceable employment contract, members of the armed forces, and people whose disclosure would breach legal professional privilege. Furthermore, Crown employees dealing with national security may have only partial protection.

Constructive Dismissal Guide

Posted on June 26, 2026June 30, 2026 by Ilinca Mardarescu

Constructive dismissal occurs when an employee resigns because their employer has severely breached the employment contract which forces their hand into resigning. It is also known as constructive unfair dismissal and is recognised under the UK law in the Employment Rights Act 1996. When an employer’s conduct constitutes a fundamental breach of contract and leaves an employee no choice but to resign, it is considered to be a form of unfair dismissal. It is treated as unfair dismissal by the law however unlike standard unfair dismissal, the employer is not terminating the contract however, the breach caused by the employer causes the employee to resign.

Common examples of unfair dismissal

Constructive dismissal may arise from a single serious incident or from a series of actions that undermine the trust and confidence required in an employment relationship. A common example is where an employer fails to deal properly with persistent bullying, harassment or discrimination, leaving the employee feeling they have no realistic option but to resign. Harassment is unlawful where it is linked to a protected characteristic under the Equality Act 2010, such as age, disability, race, religion or belief. Bullying, by contrast, is not usually a standalone legal claim, but it can still support a constructive dismissal claim if the employer’s failure to address it amounts to a serious breach of contract. Similarly, there is a sever breach of trust of confidence which can be a byproduct of unfair treatment by the employer. Constructive dismissal can also arise from significant changes to employment terms such as reducing the pay of an employee or altering their work hours without consent.

Combatting unfair dismissal

If an employee feels that they have faced constructive dismissal, is would be recommended to keep detailed accounts of incidents which could contribute to their claim, including dates, times, witnesses of the situations and descriptions of the events that have occurred. If possible, the employee should then attempt to raise these concerns with their employer or the HR department in an attempt to resolve the issues at hand before they escalate. A formal grievance should be considered if these discussions provide no help. Before the employee resigns, they should seek legal advice with a consultant who specialises in employment law as this can provide the employee with a deeper understanding of their situation. If all of these attempts to rectify the situation has no success, the employee should resign in a manner where their reasons for resignation are proper stated. This way, their claim for constructive dismissal can be strengthened in the case that they decide to pursue legal action. Upon doing this, the employee should become familiar with their rights regarding constructive dismissal as they may be able to pursue legal action if they are able to prove that their employer’s conduct was the reason that they resigned.

Legal considerations

In cases where legal action is a possibility, an employee must be aware of any possible time limits that are present when they are to make a claim for constructive dismissal. It is common for there to be limited time periods where a claim can be filed after resignation. It must also be noted when thinking about constructive dismissal that if an employee has reached a settlement agreement with their employer, their ability to pursue a constructive dismissal claim may be affected.

Contesting a Will

Posted on June 26, 2026June 30, 2026 by Ilinca Mardarescu

Contesting a will is a legal process where eligible individuals challenge the validity of a deceased person’s will in probate court, based on specific legal grounds. Not everyone can contest a will as there are certain requirements that someone has to fulfil in order to contest a will. The person must have legal standing which is a direct financial interest that would change if the will were invalidated. Those with his legal standing typically include heirs-at-law, beneficiaries of a prior will who were cut out or received less than the previous will and some limited cases for estate creditors. Close friends or distant relatives without a financial stake are unable to contest a will.

Process of contesting a will

A will cannot simply be contested because an individual does not agree with it. A will can only be contested for official legal reasons. One of these reasons is lack of testamentary capacity which refers to circumstances where the testator was not mentally competent upon writing the will which may have impacted their ability to write a will with understanding of their property, relatives or the consequences of their will. Another reason would be undue influence which is when a testator is coerced or manipulated into making a will that conflicts their true intentions. There is also fraud or forgery which is when the will is created by someone else or when the signature is forged. In other instances, the existence of a newer will could also supersede the contested one.

In attempting to contest a will, an individual must first ensure that they are eligible to contest the will by first checking if they fall under the category of people who are eligible to contest a will. They must then gather valid evidence to support their claim which will then be used when they submit their case to the court which is handling the deceased person’s will within the statutory deadline which varies. The challenger of the will then presents their argument in an attempt to prove the invalidity of the will. However, it is important to note that some wills have a clause that penalises unsuccessful challenges to the will which could result in the potential stripping of any inheritance in the case that the challenge is deemed invalid.

Potential risks of challenging a will

As contesting a will requires am argument to be presented to the court that is handling the will of the testator, it can be both time consuming and costly, with the combination of legal representation and court fees. The need to attend court hearing also takes time and can result in a high stress situation for the challenger of the will. The risk of an unsuccessful challenge also adds to this daunting stress as there is a risk that the challenger ends up losing all of their inheritance, especially with no-contest clauses. Furthermore, the court will generally favour the natural presumption that the will does in fact reflect the testator’s true intentions which requires the need for strong evidence to be presented. This difficult nature of challenging a will makes it a difficult process which is why it is recommended to seek legal advice in advance when deciding whether it may be beneficial to challenge a will.

Overview of challenging a will

In essence, contesting a will is a complex legal process which requires the challenger to have compelling evidence that covers the valid grounds for challenging a will. If a challenger believes that they have a legitimate claim and they are eligible to challenge a claim, it is important that they are able to provide sufficient evidence to support their claim in order to convince the court that is dealing with the will that the testator’s will does not truly reflect their intentions and desires.