Category: Latest News

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.

Are you contemplating a change in your living situation, but feeling overwhelmed by the prospect of downsizing your home? The idea of leaving a space filled with memories can be daunting, but it can also be the start of an exciting new chapter in your life. Castle View is hosting a special event designed to guide you through this transition with ease and enthusiasm.

Our Private Client Solicitor, Lara Thomas will be joining the event to deliver an insightful talk on the inheritance tax advantages of downsizing your home. She will also delve into essential legal topics such as Wills and Lasting Powers of Attorney.

Join Us for a Refreshing and Informative Experience

Castle View’s upcoming event, “Upsizing Your Lifestyle,” is tailored to provide you with a comprehensive overview of the emotional and practical support available as you consider downsizing your home. Here’s what you can look forward to:

Event Details:

• Date & Time: 10^th October 2024 at 3pm
• Location: Castle View’s Rooftop Sky Lounge

What’s on the Agenda?

1. Navigating the Decision to Move Home

Leaving a home filled with memories is no small feat. During the event, hear firsthand from current Castle View residents about their journey and how they managed this significant transition. Castle View’s homeowners will share their personal stories, shedding light on the emotional process and the professional support received that can make it smoother.

2. Understanding the Downsizing Process

Ever wondered how quickly you could relocate? Discover how some residents have moved in as little as 8 weeks. The event will allow you to explore the fascinating world of evaluating and auctioning your valuables, providing insights into how you can turn your possessions into funds for your new lifestyle.

3. Comprehensive Support

Downsizing involves more than just packing up boxes. It requires careful consideration of various aspects such as financial planning, legal matters, and estate management. There will be experts attending who will be on hand to provide legal guidance.

The key legal considerations will include:

• Property sales
• Wills
• Inheritance Tax
• Lasting Powers of Attorney

Connect and Enjoy

This event isn’t just about learning—it’s also a chance to connect with others who share your interest in enhancing their lifestyle. Enjoy complimentary tea and delicious cakes while engaging in informal conversations with fellow attendees and Castle View residents. Castle View’s rooftop Sky Lounge provides the perfect backdrop for a relaxed and inspiring experience.

Why Attend?

• Gain Valuable Insights: Whether you’re just starting to think about downsizing or are already in the process, the event offers practical advice and emotional support.
• Meet Like-Minded Individuals: Share experiences and build connections with others on a similar journey.
• Explore Castle View: Discover what makes living at Castle View so special through the eyes of those who have embraced this new lifestyle.

Mark your calendars and attend for an enlightening afternoon at Castle View. It’s an opportunity to relax, learn, and take the first step towards a lifestyle transformation that could enhance your life in ways you’ve always imagined.

Castle View looks forward to welcoming you to their Sky Lounge for an informative and supportive experience. Here’s to taking the next steps towards an exciting new chapter in your life!

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This is a free event, but you will need to register via the form – please click the link below. We can’t wait to see you there!

Events Calendar – Castle View Windsor

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.

On Tuesday, 30^th July, the House of Lords held the second reading of the Arbitration Bill, where members discussed its key objectives. The Bill seeks to amend the Arbitration Act 1996, the primary legislation governing arbitration in England, Wales, and Northern Ireland.

Arbitration is a widely-used alternative to traditional court litigation. Changes to the Act could change the balance between arbitration and litigation, influencing how disputes are resolved.

By reconsidering the legal framework for Arbitration, the Bill has the potential to improve processes. making arbitration more effective and, leading to fewer cases being litigated in court. This shift could reduce litigation costs for all parties and increase flexibility in dispute resolution.

However, any amendments that overly favour arbitration might limit access to court solutions, affecting the rights of parties who might otherwise choose litigation.

As we watch the debate on the Arbitration Bill, it’s exciting to think about how these changes could reshape the way disputes are resolved and potentially make the whole process smoother and reduce costs. Keep an eye on how this might affect your future interactions with the legal system!

Managing an estate after the death of a loved one can be tricky to navigate. There is a simplified process of applying for probate which can be followed when an estate is regarded as an ‘excepted estate’. This blog explains what qualifies as an ‘excepted estate’ and what it means in terms of applying for probate.

What is an ‘excepted estate’?

Excepted estates are those estates in England and Wales where a full inheritance tax account is not required to be completed and submitted to HM Revenue and Customs by the personal representatives (i.e., the Executor or Administrator). It is often (but not always) the case that where there is no inheritance tax to pay, it will be excepted.

When is an estate classed as excepted?

The three main considerations for classing an estate as excepted are if: the estate is low in value, is exempt, or if the deceased was not considered domiciled in the UK.  

Low in Value Estates:

These estates must be below the Nil Rate Band threshold which is currently £325,000 or £650,000 when claiming to transfer a predeceasing spouses unused threshold. Additionally, if assets are held in one trust worth £250,000 or less, the estate will also be classed as a low value excepted estate.

Exempt Estates:

This is when all the deceased’s assets passed to a surviving spouse, civil partner or qualifying charity and the estate is worth less than £3 million.

Foreign Domiciled Estates:

Where the deceased lived permanently outside of the UK and their UK assets are worth below £150,000, their estate will be excepted.

Applying for the Grant of Representation where an estate is considered excepted:

Helpfully, where an estate is excepted, the process of applying for probate is much simpler.

Where the deceased died on or after 1 January 2022, the application can be done online via the online probate system. There are certain circumstances in which you need to apply via post using form PA1P if there is a Will or PA1A is there is no Will. For example, you will need to submit a PA1P where there is no Will and more than one person is entitled to apply for the Grant of Probate or where the original Will cannot be located, and you are applying for probate with a copy or draft Will.

If a deceased died on or before 31^st December 2021, a form IHT205 must be completed and sent to the Probate Registry in support of the application. This is the old system and is being phased out.

Conclusion

Ensuring that the estate is classified properly and understanding the requirements for applying for probate are crucial for managing an estate effectively. Consulting with legal professionals can provide invaluable guidance in these matters, ensuring compliance and easing the administrative process. Please contact our Private Client Solicitor, Lara Thomas (Lthomas@astonbond.co.uk), or one of our Private Client Paralegals, Emma Wallace (Ewallace@astonbond.co.uk) or Stacey Clark (Sclark@astonbond.co.uk) to make an appointment, should you require any assistance with the probate process or administering an estate.