2023 King’s Speech

In his inaugural King’s Speech, King Charles has set the government’s priorities for the coming year. In the speech, ministers laid out their plans to pass twenty-one bills during the upcoming year-long session of Parliament. Approximately one-third were either carried over from the previous session or had already been published. It is the first—and probably the last—such blueprint of Rishi Sunak’s administration before the upcoming general election in the United Kingdom, which is scheduled for next year.

Some of the key changes that were announced in Kings Charles speech were:

  • A Sentencing Bill would make it more likely that short terms for lesser offences be served in the community, with a mandate whole-life penalties for the worst murder offences as well as preventing convicted rapists from being released early.
  • The existing Terrorism (Protection of Premises) Bill will deliver Martyn’s law, forcing UK venues to draw up and adhere to anti-terror plans.
  • A Leasehold and Freehold Bill will ban leaseholds for new houses, but not new flats, in England and Wales, and increase the standard lease extension period to 990 years.
  • An Animal Welfare (Livestock Exports) Bill will ban the export of cattle from Great Britain for fattening and slaughter.
  • Pledges to strengthen consumer rights online and tackle fake reviews are contained in the Digital Markets, Competition and Consumers Bill.
  • A Tobacco and Vapes Bill will deliver plans for a (much-discussed) phased ban on smoking, and introduce restrictions on the packaging and marketing of vapes.
  • An Arbitration Bill will introduce new rules for individuals and businesses to resolve disputes without going to court.

Many more changes were announced with some, such as the replacement of section 21 evictions being kicked to the curb whilst the Courts undergo reforms, being a substantial way off yet.  However , these were some of the changes which were more eye catching and could have the potential to affect a greater proportion of the population. The King of England usually gives a speech annually regarding new changes (or updates on older ones). Stay tuned to Aston Bond to always be in the know as to how these Bills develop.

New Legislation: Rehabilitation of Offenders

Legislation has been introduced amending the length of time in which individuals have to disclose their (custodial) convictions. 

Most convictions can be considered “spent” after a specified period of time.  In reality this means, once that time has passed, that an individual is allowed to never mention the conviction again – including on job applications.  Legislation also prevents employers from subjecting individuals to any detriment or prejudice where the convictions are spent.  There are exceptions for certain types of roles and these are listed in the legislation and should be looked at separately (for instance caring roles or those working with the vulnerable).

Now, .  Section 193 of the Police, Crime, Sentencing and Courts Act 2022 (which came into force  on October 28, 2023) has reduced the time period in which one must declare convictions as follows :

If you commit another offence during the declaration period, the additional deadlines are extended. Any new conviction has its own disclosure period, and until the end of the original conviction’s active period—or, if that occurs later, the end of the new disclosure term applicable to the more recent conviction—both the new conviction and the prior conviction must be disclosed.

Note that the time frames mentioned above apply to offenders who were older than 18 at the time of conviction. This is modified for those under the age of 18.

Employers are responsible for ensuring that all pertinent systems and forms are updated to account for the new time frames. Roles requiring basic or enhanced DBS checks won’t be impacted by these changes.

It is important that you are transparent to your employer about any run-ins you have had with the law previously. If it is found that you are lying and have not declared any convictions which are not spent, you could suffer legal consequences that vary depending on the severity of the lie and the circumstance involved. Some of them are:

  • Breach of Contract
  • Fraud or Misrepresentation
  • Violation of Company Policies
  • Dismissal for breach of trust and confidence

Conversely, if you are asked about any convictions that are now spent, then you are legally allowed to answer “none”.  Even if an employer later finds out about it, they are not allowed to terminate your employment or prejudice you in any way.

For any assistance with any criminal or  employment law matters, please do not hesitate to contact us Aston Bond. We would be more than happy to help. You can contact us at info@astonbond.co.uk, use our chat facility or call on  +44 (0)1753 486 777. 

Promoting Diversity and Inclusion: Elevating Women to Partner Roles in Law Firms

The necessity of promoting diversity and inclusion has become increasingly apparent in the legal sector in recent years, especially regarding female representation among partners. Even though the legal industry has come a long way in recognising the need of diversity, law firms still need to do more to advance women to partner positions. There is increasing demand on law firms to improve gender balance and foster an environment that supports female leadership as inclusiveness gains prominence and cultural expectations change.

The legal profession has historically been dominated by men, and women have faced numerous obstacles in their quest to overcome the “glass ceiling” and achieve partnership positions. Implicit biases, inflexible work environments, and conventional networking channels are just a few of the obstacles that have traditionally prevented women from advancing in legal companies. But as the importance of varied viewpoints in decision-making processes becomes more widely acknowledged, the legal community is stepping up to address these issues and working to reshape the conventional narrative.

The need to establish a more diverse and equitable work environment in law firms has become apparent because of changing legal market dynamics and societal expectations. Clients are prioritising more and more working with firms that represent a variety of opinions because they understand the advantages of having a wider range of perspectives when handling complicated legal issues. In response, there is growing demand on law firms to show their dedication to diversity and inclusion by creating an environment that actively supports women’s advancement into partnership roles.

The advancement of women to partner roles in the legal sector is a tribute to the progressive transition that is currently taking place. It is not just strategically necessary but required by our regulator (encompassed in SRA Principle 6 to encourage diversity, equality, and inclusion.   Law firms which pave the way for a more inclusive, inventive, and resilient future by creating an atmosphere that values diversity and supports women’s’ professional development,  will strengthen their role as trailblazers in the industry..

These changes are something that all businesses should strive for, not just within law. A few changes that business can do is promote equal opportunities to all employees, flexible work arrangements such as remote work, flexible hours and job-sharing opportunities which can enable women to balance professional and personal commitments effectively. Other things such as companies offering diversity training and employee resource groups can serve as valuable places for addressing common challenges, sharing experiences, and driving initiatives that support the professional development and well-being of women in the workplace.

At Aston Bond, we pride ourselves in our diverse team and strong leaders of both men and women. We are always working towards the goal of promoting diversity and equal rights and responsibilities in our team. Find out more about our team at: https://www.astonbond.co.uk/about-us/#meet-team

How to prepare for a legal consultation

Embarking on a legal journey can be intimidating and complicated, but clients can make the most of their legal consultations and create a positive environment for a successful working relationship with their lawyers being well prepared.

To guarantee that a legal consultation is effective, educational and customised to each clients’ demands, it is important to plan ahead. Clients can maximise their contact with legal professionals and create the foundation for a successful legal strategy by adhering to these rules.

Before the consultation, it is crucial for clients to have a clear understanding of their objectives and expectations.

Whether seeking legal advice for a business matter, personal dispute, or any other issue, clients should be clear in their minds on their primary concerns, desired outcomes, and any specific questions they may have.

Developing a concise list of priorities enables clients to effectively communicate their needs to their legal representative, facilitating a more focused and productive discussion during the consultation.

Clients should come prepared with all essential materials, such as contracts, agreements, letters, and any other pertinent case records, in order to provide their lawyer with a thorough picture of the circumstances.

Screenshots of texts or WhatsApp messages and pictures are also useful and often used in evidence so don’t forget e-documents are just as crucial. 

Creating a chronology of events and a thorough description of the circumstances leading up to the consultation can also provide representatives with insightful information about the nuances of the case.

Through proactive gathering of necessary data, customers can expedite the consultation process, enable legal experts to provide more accurate advice and ultimately save them time (and money!).

Making a list of inquiries to bring up during the session may guarantee that clients get thorough and customised legal advice from their advisers.

Clients should ask about the available legal solutions, the expected duration of the case, the related charges and fees, and any particular dangers or difficulties that might occur.

Ultimately, and potentially a bit later down the line, a probability of success should be obtained where possible. 

Clients can obtain a better grasp of the legal process and make wise judgements going forward by actively engaging in the discussion and asking questions about any legal complications that may arise.

Equally important is building a solid and cooperative relationship with your adviser and keeping lines of communication open and honest.

Clients should be honest about all pertinent facts and refrain from omitting any crucial factors which  could affect the case. Being transparent and upfront about worries or fears enables solicitors to anticipate problems and take proactive measures to resolve them.

It is crucial to approach your first legal consultation with an open mind and a readiness to consider legal guidance and counsel.

Even though clients could have different viewpoints and expectations, it’s important to have an open mind to the experience and perspectives offered by legal experts.

Clients can make better decisions that are in line with their goals and intended outcomes by being open to alternative legal methods (mediation for example), potential risks, and the ramifications of various courses of action.

By adhering to these guidelines and adopting a proactive and prepared mindset during the legal consultation, clients can maximise the benefit of their interactions with legal experts, establish the foundation for a successful legal plan, and ultimately secure a more favourable outcome for their legal cases.

Banker gets sacked after lying about work expenses

A banker named Szabolcs Fekete, who worked as a senior analyst at Citibank, was fired from his job due to trying to expense sandwiches and some coffees for his partner, and then proceeded to lie about it when he was confronted by his company: Citibank.

Mr. Fekete worked at the bank since 2015 and specialised in financial crime. The events revolved around a business trip he took to Amsterdam in which his partner joined him. He claimed that he had bought two pasta dishes, two sandwiches and two coffees on the trip which he expensed. He initially stated that he had eaten these by himself.

Later down the line, he admitted that he had shared his meals with his partner who had joined him in the trip. Before this in an email exchange with his manager, Fekete mentioned ‘I was on a business trip by myself and I had two coffees as they were very small.’

When the discrepancies were noticed, he was questioned further. In response, he said ‘All my expenses are within the €100 daily allowance. Could you please outline what your concern is as I don’t think I have to justify my eating habits to this extent.’ The issue itself wasn’t necessarily about the lie however, but the fact that he may have breached the expenses policy which is the reason Citibank escalated this matter.

The policy that was breached specifically was that spousal travel and meals are not reimbursable. Whilst he did later admit to it, his reason was that he was suffering with personal issues before the trip, including the grieving of the death of his grandmother, and had been confused. Citi fired him on the grounds of gross misconduct and Mr Fekete responded by suing them for unfair dismissal.

Unfortunately for him, the tribunal was in favour of Citi and he lost.

The judge said ‘I have found that this case is not about the sums of money involved. This case is about the filing of the expense claim and the conduct of the claimant thereafter. I am satisfied that even if the expense claim had been filed under a misunderstanding, there was an obligation upon the claimant to own up and rectify the position at the first opportunity.’

This case has now made headline news.  In reality, nothing in this case is new.  It is well established that an employer is entitled to be able to trust its employees and where that trust is breached, the employer is within its rights to act accordingly.  It is perhaps a stark reminder however that a lie is a lie, irrespective of how big or little it may be.

It should also serve as a reminder to employees that where a mistake is made, a swift acknowledgement and apology would be better than an attempt at hiding your error.

Make sure that you know your rights, our solicitors at Aston Bond are here to help you.

Contact us at: +44 (0)1753 486 777 or drop us an email at info@astonbond.co.uk.