Author: Riya Sekhon

As we mark World Mental Health Day 2024, it’s essential to focus on one of the most crucial areas impacting our mental well-being—the workplace. With the lines between work and personal life often blurred, maintaining good mental health at work has never been more critical.

This year’s theme, prioritising mental health in the workplace, emphasises that mental well-being is not just a personal concern but a fundamental right for everyone, everywhere, including in the workplace. With increasing awareness, more companies are realising that fostering a healthy work environment benefit not only employees but the organisation.

Why Mental Health in the Workplace Matters:

When mental health is prioritised, employees take fewer sick days and stay longer with their companies, lowering turnover rates.  This is because, employees who feel supported in managing stress and mental health challenges tend to be more engaged and productive, since a healthy work environment encourages creativity and problem-solving, as individuals feel safe to express ideas without the weight of anxiety or stress.

What Employers Can Do:

• Employers can normalise conversations around mental health and encourage employees to seek help when needed, without fear of stigma.
• Offering remote work, flexible hours, or mental health days can help employees balance work and life stress.
• Ensure employees have access to counselling, wellness programs, and support systems.

At Aston Bond, mental health is a top priority, reflected in initiatives like our open-door policy, which encourages open communication and support for all employees. We also foster team bonding and work-life balance through events like a recent trip to Paris, providing a fun break from the daily routine. Additionally, our participation in the Macmillan Coffee Morning not only supports a great cause but also strengthens team connections and promotes a supportive, caring workplace culture.

World Habitat Day is celebrated annually on the first Monday of October. This day was established by the United Nations in 1985 to raise awareness about the importance of adequate housing and sustainable urban development. The day highlights the shared responsibility of governments, communities, and individuals to improve urban living conditions and make cities more inclusive and safer. The first World Habitat Day was held in 1986, and it has since been marked by global events and the awarding of the UN’s Habitat Scroll of Honour, which recognises efforts to enhance urban environments.

The theme for World Habitat Day 2024 is “Engaging Youth to Create a Better Urban Future”. This year focuses on empowering young people to actively participate in urban planning and sustainability efforts. The aim is to harness the energy and creativity of youth to address the challenges of rapid urbanisation and shape cities that are inclusive, and environmentally sustainable.

Here, at Aston Bond, we offer an extensive Work Experience programme that offers aspiring professionals’ firsthand exposure to our fast-paced industry. We also welcome apprentices for digital marketing and interns, giving them the opportunity to develop skills while working alongside experienced professionals. Our tailored programmes ensure that participants gain valuable insights and hands-on experience, setting a strong foundation for their future careers.

Upsize Your Lifestyle: A Journey to Transformative Living is an upcoming event hosted by Castle View, designed for individuals considering downsizing their homes. It aims to provide emotional and practical support for making this life transition smoother. The event will take place on 10th October 2024 at 3 pm in Castle View’s Rooftop Sky Lounge.

Key highlights of the event include:

1. Navigating the Decision to Move: Residents will share personal stories on how they managed downsizing.
2. Understanding the Downsizing Process: Learn how to relocate quickly and turn your valuables into funds.
3. Comprehensive Support: Experts, including Private Client Solicitor Lara Thomas, will cover important legal topics such as inheritance tax, Wills, and Lasting Powers of Attorney.

Attendees will have the opportunity to connect with others on a similar journey while enjoying tea and cake in a relaxed setting.

The event is free but requires registration via the link below:

Downsizing Your Property – Upsizing Your Lifestyle!

Workplace discrimination is an important issue that all UK employers and employees should understand. The main piece of legislation that governs this area is the Equality Act 2010, which aims to protect individuals from unfair treatment based on certain characteristics.

What is Discrimination?

Discrimination occurs when an individual is treated less favourably due to one of the protected characteristics outlined in the Equality Act. These are:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

There are four main types of discrimination in the workplace:

1. Direct Discrimination – Treating someone less favourably due to a protected characteristic.
2. Indirect Discrimination – Policies or practices that appear neutral but disadvantage certain groups.
3. Harassment – Unwanted behaviour that violates someone’s dignity or creates an intimidating environment.
4. Victimisation – Treating someone unfairly for raising a discrimination complaint.

How to Address Discrimination

Employees have the right to file complaints if they believe they’ve experienced discrimination. This can be done through internal grievance procedures or, if necessary, by taking the issue to an employment tribunal. Employers are encouraged to create inclusive work environments and ensure that their policies comply with the Equality Act to prevent potential claims.

Understanding workplace discrimination laws is crucial for maintaining fair and respectful working environments in the UK. Both employers and employees should be aware of their rights and responsibilities under the Equality Act 2010 to foster equality and prevent unlawful discrimination.

Here at Aston Bond, we have dealt with, and successfully resolved, many discrimination claims. Get in touch with our experienced Employment Solicitor Ilinca Mardarescu (imardarescu@astonbond.co.uk) for advice or to book an appointment.

If house searches aren’t completed during the Conveyancing process, it can lead to significant legal and financial risks for the buyer. House searches, which are essential due diligence steps, provide important information about the property that might not be clear from a viewing or legal documents. If these searches are overlooked, the buyer might face serious complications after purchasing the property.

1.Undiscovered Property Issues

Without searches, the buyer may be unaware of important issues that affect the property, such as:

• Local Authority Issues – planning restrictions, enforcement notices, or building regulations violations could exist.
• Flood Risks – without an environmental search, flood risks or contamination issues might be unknown.
• Future Developments – the buyer could miss future development plans, such as roads or railways, that could affect the value of the property.
• Public Rights of Way – there could be public access or rights of way that limit privacy or use of the land.

2.Legal Disputes

• Ownership Issues – Land Registry searches ensure the seller legally owns the property and has the right to sell it. Without this search, the buyer risks purchasing a property with an unclear or disputed title.
• Boundary Disputes – without a local land charges search, boundary disputes may arise after the purchase, leading to potential legal conflicts with neighbours.

3.Financial Risks

• Hidden Costs – if searches aren’t completed, the buyers might inherit liabilities like unpaid taxes, ground rent, or service charges.
• Mortgage Approval Delays or Rejections – lenders often require full searches before approving a mortgage. If searches are incomplete, the buyer’s mortgage could be delayed or rejected.
• Property Devaluation – unexpected problems discovered after purchase could significantly reduce the property’s value.

4.Liability for Future Repairs

• Infrastructure Issues – drainage and water searches help identify if the property is connected to public systems or relies on private arrangements. Not knowing this could result in future repair liabilities or expensive work.

5.Complications with Resale

• A future buyer may require searches, and undiscovered problems could make it difficult to sell the property or lead to price reductions.

Not completing house searches can expose the buyer to risks that might otherwise be identified and addressed before purchase. Buyers could end up with significant liabilities or risks that could’ve been avoided.

Buying your first home, is an exciting journey but also one that involves a range of legal steps. Understanding the legal process can help ensure a smooth and successful purchase. Here’s a brief guide to help first-time homebuyers navigate the legal landscape.

1. Understanding the Role of a Conveyancer or Solicitor

The first step in the homebuying process is hiring a conveyancer or solicitor. They will manage all the legal aspects of buying your home, including:

• Conducting Searches: They will perform local authority searches to check for any planning applications, road schemes, or land contamination that may affect the property.
• Drafting Contracts: They prepare, and review contracts based on the agreement made at the time of the offer, to ensure everything is in order before you commit to the purchase.
• Handling Finances: They ensure that all finances are in order and carry out anti-money laundering checks. They also manage the exchange of funds, including your deposit, balance of mortgage drawdown and the balance of chattels and Indemnities required on the completion day.

2. Making an Offer and Initial Checks

Once you find a property you want to buy, you will need to make a formal offer through the Estate Agent. Following your offer being accepted, you will appoint a solicitor or conveyancer and they will carry out the initial checks to confirm the details within the Draft Contract Pack, the Title Deeds and other aspects which may impact the property you wish to purchase.

3. Mortgage and Valuation

If you need a mortgage to buy your home, obtaining a formal Mortgage Offer is crucial. This happens following an Offer in Principle and once the Underwriters have carried out their checks and the formal Offer will be sent to your solicitor or conveyancer through their online portal with the Lender. Your mortgage lender will require a valuation to ensure the property is worth the amount you are borrowing in today’s market. This valuation is different from a survey and is carried out by the Lender. The survey is a more detailed inspection of the property’s condition and is carried out through an independent surveyor and there are different levels of survey you can obtain. You should speak with your Lender in the first instance to see whether they are able to appoint a survey at the same time as their valuation and save you paying for two people to attend the property.

4. Property Surveys

It is recommended to get a property survey to assess the property’s condition and review any potential problems that might not be noticeable to a non-surveyor. There are different types of surveys available, such as a Homebuyer Report (Level 2) or a more comprehensive Building Survey (Level 3) and choosing the right one for the property is imperative.

5. Exchanging Contracts

Once all checks are complete and both your solicitor/ conveyancer and your Lender are satisfied, you will exchange contracts with the seller. This step is legally required, meaning both you and the seller are obligated to complete the sale on the agreed Completion date. You will also need to pay your deposit, usually 10% of the property price.

6. Completion and Moving In

Completion typically takes place a week after the exchange of contracts. On the completion day, the remaining balance of the property price is transferred to the seller’s solicitor, and you will receive the keys to your new home. Your solicitor will also handle the registration of the property with the Land Registry and payment of any Stamp Duty Land Tax, if applicable. In addition, any Indemnity Policies will be placed “on risk” and paid for at this stage.

7. Post-Completion Tasks

After you have moved in, there are a few final tasks to complete:

• Registering the Property: Your solicitor will register your ownership with the Land Registry.
• Paying Stamp Duty: If your property costs more than £250,000 (as of 2024), you may need to pay Stamp Duty. However, first-time buyers may qualify for a reduced rate.
• Setting Up Utilities and Council Tax: Ensure all utilities are transferred into your name and register for council tax with your Local Authority.

Buying your first home involves several legal steps, but with the right guidance and professional help, it can be a smooth process. Contact our experienced Conveyancing Solicitor Kulbir Conner (kconner@astonbond.co.uk) or Paralegal Nicola Darby (ndarby@astonbond.co.uk) to help you understand each stage of the journey and assist you in making an informed decision. Good luck with your home buying adventure and taking the first step onto the property ladder!

Being dismissed from your job can be a stressful experience, especially if you believe you were dismissed unfairly. In the UK, there are specific steps you can take to address wrongful dismissal and protect your rights. Here’s a  step by step guide on what to do if you find yourself in this situation.

1.Understand the Difference Between Wrongful and Unfair Dismissal

• Wrongful Dismissal happens when an employer breaches the terms of the employment contract. For example, if you were dismissed without the required notice period outlined in your contract.
• Unfair Dismissal refers to the fairness of the dismissal process and reasoning. If you believe your dismissal wasn’t handled fairly or the reason was undeserved, this may fall under unfair dismissal.

2.Review Your Employment Contract

• Carefully review your employment contract and any related documents, especially the clauses regarding termination, notice periods, and the reasons your employer can lawfully terminate your employment. This can help determine if your dismissal was indeed a breach of contract.

3.Request a Written Explanation

• Employers are legally required to provide a written statement if you request one and have been employed for at least two years. This can be crucial for understanding the grounds for your dismissal and can be important evidence if you decide to challenge it.

4.Gather Evidence

• Gather any evidence that supports your claim. This could include emails, messages, performance reviews, witness statements, or any documents that contradicts the reasons given for your dismissal. Keep a detailed record of all communications with your employer regarding your dismissal.

5.Raise a Grievance with your Employer

• Consider raising a grievance with your employer before taking legal action. This can allow you to outline your concerns and give your employer an opportunity to resolve the issue amicably. Ensure that you follow your company’s grievance procedure.

6.Seek Legal Advice

• Consult with an employment solicitor to get professional advice on your situation. A solicitor can help you understand your rights, can assess your case, and guide you on the best course of action.

7.Consider Mediation or Conciliation

• The Advisory, Conciliation and Arbitration Service (Acas) offers a free service called Early Conciliation, which helps resolve disputes between employees and employers without the need for a tribunal. This can help save time and reduce legal costs.

8.File a Complaint with an Employment Tribunal

• If you’re unable to resolve the dispute through mediation or direct negotiation, you might need to file a claim with an employment tribunal. You must file your claim within three months (minus one day) from the date of your dismissal. The tribunal will review your case and, if you win, you could be awarded compensation for loss of earnings and other damages.

9.Know Your Rights and Options

• You have the right to challenge a dismissal if you believe it was wrongful or unfair. Even if the outcome isn’t what you hoped for, going through the proper processes ensures your case is heard and your rights are upheld.

Facing wrongful dismissal can be discouraging, but by following these steps and seeking the right legal advice, you can navigate the process more effectively. If you believe you have been wrongfully dismissed, acting promptly and ensuring you understand your legal rights is crucial. That’s where we can help!

Please contact our Employment Solicitor Ilinca Mardarescu (imardarescu@astonbond.co.uk) to make an appointment, should you require any assistance.

In August 2024, Operation Early Dawn emerged as an emergency government plan after the riots and England’s struggle against terrorism has caused the overcrowding situation in prisons to worsen. Defendants waiting for a court appearance are held in police cells for longer, until space in prisons become available, taking a sort of one in one out approach.

Starting in Early September, to ease overcrowding, some prison sentences’ serving time before parole would be cut from 50% down to 40%. This does not apply to those convicted of terrorism, sex offences, domestic abuse, some violent cases, and those convicted over the riots.

Operation Early Dawn can have a positive impact on prisoners, transforming the approach to incarceration and rehabilitation by offering prisoners a genuine second chance. A custodial sentence isn’t always the right route for rehabilitation as it often neglects necessary support needed for offenders, such as mental health support, skill development, and community reintegration, and instead puts prisoners back in the offending cycle.

This measure will not impact ongoing trials or the ability of the police making arrests. However, many cases may be delayed, with practitioners not knowing if their clients’ cases are delayed until they arrive at court. Defendants with serious cases will be given priority, while others will be released on police bail.

It is clear that something needs to be done to address the issue of prison space.  The question is whether this will be enough?  Or indeed, whether this is the solution.  Let us know your thoughts!

Allan Reason, a high-earning City partner, successfully claimed unfair dismissal after a tribunal found that his firm, MacCarthy Tértrault, had not established a legitimate redundancy situation. Reason joined the firm in 2013 as a self-employed professional and became an income partner in 2018, specialising in domestic and international commercial litigation and arbitration. By the time of his dismissal in 2023, he was earning an annual salary of £320,000.

The firm alleged that Reason had failed to meet his billing targets for four consecutive years and argued that a redundancy situation had arisen in December 2022 due to a lack of litigation work. During an informal meeting in December 2022, Managing Partner Robert Brant suggested that Reason reduce his salary to £110,000 and lower his billable hours target from 1,400 to 460. However, the tribunal found no evidence that redundancy was discussed at this meeting.

Reason contended that the offer to reduce his salary and hours persisted until March 2023, even after the redundancy consultation began, indicating there was no real reduction in the need for litigation work. The tribunal also noted that Reason’s 2022 annual review did not highlight concerns about underbilling or a potential downturn in litigation work, undermining the firm’s justification for his dismissal.

Judge Anthony, presiding at the London Central tribunal, rejected Brant’s suggestion that Reason should have interpreted his unchanged salary as a warning of redundancy. The judge concluded that the redundancy claims only surfaced in March 2023 when the firm realised it could not reach an agreement with Reason on contract changes. The judge also emphasised that the firm’s reliance on Reason’s underbilling as the primary reason for dismissal was unconvincing, given that the issue was already known during negotiations in December 2022.

As a result, the tribunal ruled that Reason’s dismissal was unfair. A separate hearing will be scheduled to determine the appropriate remedy for Reason.

On July 12th, 2024, Aston Bond celebrated an unbelievable milestone—our 20th anniversary—in the City of Lights! Reaching this significant achievement would not have been possible without all our hard-working staff, so, in recognition of their invaluable contributions, we treated all our current team members, along with some cherished former colleagues, on an all-expenses-paid trip to Paris.

The celebration began with a day of exploring the historical sights of Paris. We visited the iconic Arc de Triomphe and Eiffel Tower. Later, we enjoyed a scenic cruise along the River Seine, taking in the city’s beautiful architecture and vibrant atmosphere. The day ended with an unforgettable evening at a rooftop bar, offering beautiful panoramic views of the Parisian skyline. It was a day filled with a shared sense of achievement and appreciation, marking two decades of success at Aston Bond.