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What is employment law?

• Governs the relationship between employers and employees, covering a wide range of issues such as hiring, working conditions, wages, benefits, and termination.

What are my basic rights as an employee?

• Employees have a right to:
• A safe and healthy working environment
• Fair wages (in line with current legislation) and equal pay for equal work
• Protection from discrimination and harassment in the workplace
• Entitlement to family and medical leave & pay
• Annual leave
• Minimum notice periods
• Protection from unfair dismissal

What constitutes unfair dismissal?

• Termination of employment is only fair if;
  • it follows a fair process;
  • is on the basis of one of the accepted reasons (conduct, capability, redundancy or some other substantial reason); and
  • is not due to an automatically unfair reason (for instance discrimination on the grounds of a protected characteristic or being a member of a trade union etc).
  •  Employees generally need 2 full years employment before they can make a claim (unless an exception applies)

What is workplace discrimination?

• Workplace discrimination involves unfair treatment of employees based on protected characteristics (including race, colour, sex and/or gender re-assignment, religion, national origin, age, disability, pregnancy or maternity or sexual orientation).
  • Discrimination can affect hiring, promotions, job assignments, and other employment conditions.
  • Discrimination based on a protected characteristic is unlawful and termination on such grounds is automatically unfair.

What is harassment in the workplace?

• Workplace harassment includes any unwelcome conduct based on one of the protected characteristics that creates a hostile, intimidating, or offensive work environment. Sexual harassment for instance is a common form of harassment.

What should I do if I believe I am being discriminated against or harassed at work?

• If you believe you are experiencing discrimination or harassment, you should:
  • Document the incidents in detail, keeping notes of dates and times and if there were any witnesses
  • Report the behaviour to your supervisor/line manager or HR department as soon as possible
  • Follow your company’s procedure for handling such complaints, usually detailed within a grievance policy.
• Your employer should treat the matter seriously by investigating and discussing the issues with you, following its grievance procedure and give you a decision or outcome of the grievance in writing

Can my employer change my job description or duties?

• Yes, employers can generally change an employee’s job description or duties, but significant changes should be communicated clearly and may require employee consent, especially if the changes affect pay, status, or working conditions.

Are non-compete clauses in an agreement enforceable?

• Contracts of employment often have non-compete clauses (or restrictive covenants).   It is a common misconception that such clauses are not enforceable.
  • Restrictive covenants must be reasonable in scope, duration, and geography to be enforceable.  They must not go further than is necessary in order to protect an employer’s business and any clauses which are a restraint of trade could be deemed as too wide.
  • What is considered reasonable will be dependant on the circumstances of each case and a judge will decide on the facts.

A common misconception is that only the wealthy or elderly need worry about estate planning. But its importance cannot be emphasised, particularly for young families in England and Wales. We’ll explore the main justifications for why estate planning is so important for those who are just beginning a family and becoming parents in this blog post.

1. Guardianship for Minor Children:
   • Parents should name legal guardians for minor children in estate planning to ensure their well-being in unexpected circumstances. This decision is legally documented in a Will, avoiding disputes and providing stability and support. It reflects parents’ commitment to their children’s future.
   • Appointing guardians is a crucial process for parents to secure their children’s future. This can be done by appointing guardians in a Will. This process provides peace of mind, alleviating concerns about their loved ones’ well-being and upbringing.
2. Wealth Distribution and Inheritance Tax:
   • A clear estate plan is crucial for ensuring the distribution of assets according to the deceased’s wishes, preventing delays, disputes, and increased expenses. It also minimizes potential for family conflicts and uncertainty about inheritance, thereby reducing potential misunderstandings or disputes among beneficiaries.
   • Poor estate planning can expose young families to inheritance tax, a government levy on a deceased’s estate. By proactively addressing this through exemptions, trusts, and tax-efficient asset structuring, families can safeguard their wealth and minimize the financial strain associated with inheritance tax.
3. Protecting Your Family Home:
   • Estate planning safeguards family homes and ensures a smooth transfer to future generations. It uses legal mechanisms like Wills and Trusts to stipulate wishes, protect from disputes, and maintain the home’s value, making it a cherished legacy.
   • Wills and Trusts are essential tools in estate planning for effective property management and distribution. Wills outline a legally binding roadmap, while Trusts allow individuals to set specific conditions and potentially minimize taxes, providing a comprehensive and flexible approach.
4. Financial Security Through Trusts:
   • Trusts are a crucial tool in estate planning, allowing individuals to set aside assets for their children with specific conditions, providing financial security and a protective shield against potential creditors. They offer a strategic and secure method for long-term family benefit.
   • Trusts are strategic estate planning tools that allocate funds for specific purposes like education and healthcare. They allow individuals to designate conditions for fund disbursement, providing control and assurance. Trusts align financial resources with life goals, ensuring the well-being and advancement of loved ones.
5. Ensuring Healthcare Wishes are Respected:
   • Lasting Powers of Attorney for Health and Welfare are crucial in estate planning for unforeseen medical circumstances. They allow individuals to express their preferences and appoint trusted individuals to make decisions, providing peace of mind and guidance for family members.
   • Lasting Powers of Attorney for Health and Welfare provide clarity and guidance in healthcare decisions. They outline personal values and preferences, reducing uncertainty and conflicts among family members. This proactive approach aligns decisions with the individual’s expressed desires, providing comfort and assurance in emotionally challenging situations.
6. Avoiding Probate Delays:
   • Probate, the legal process of proving a Will and dealing with the administration of an estate can be time-consuming and costly without a well-defined estate plan. This can lead to delays, court fees, legal expenses, and administrative costs, diminishing the estate’s value.
   • A well-structured estate plan expedites estate administration by outlining the deceased’s wishes, minimizing ambiguity, and streamlining the probate process. This reduces the emotional and logistical burden on the family, preserving the estate’s value and easing the administrative burden on grieving family members.
7. Keeping Pace with Life Changes:
   • Regular reviews and updates to an estate plan are crucial, especially after life events like birth or financial changes. These updates ensure the plan remains current and accurately represents an individual’s wishes, providing ongoing protection and peace of mind for themselves and their loved ones.

Estate planning is a crucial step for young families hoping to protect the future of their loved ones, and it’s not only for the old. Young parents can secure a legacy that represents their objectives and values by being proactive about estate planning in England and Wales and getting competent legal counsel.

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.

As the leaves change colours and the air turns crisp, it can only mean one thing: Halloween is approaching.

A season of spooktacular fun, creative costumes, and candy-filled adventures, Halloween is cherished by people of all ages.

However, there are many legal implications and considerations that are often overlooked.

In this blog post, we will illuminate the legal issues that can lurk in the dark corners of Halloween and explain how you can stay out of legal trouble while enjoying the festivities.

Offensive Costumes:

While Halloween encourages creative expression, wearing offensive or culturally insensitive costumes can lead to social and employment-related consequences, including complaints and potential disciplinary actions being taken in the workplace.

If your workplace encourages taking part in festivities, ensure everyone is clear on what is expected in your notices and ask staff to be sensitive to others in their choice.

Trick-or-Treating and Premises Liability:

One of the main Halloween activities, trick-or-treating can sometimes lead to injuries. If your property is part of the trick-or-treat trail, you may be liable for accidents that occur.

Ensure your property is well-lit and free of hazards and consider a warning sign to protect yourself from liability.

When handing out sweets, ensure anything being oven out has appropriate labelling, particularly items with nuts, to avoid any injury.  

Pranks and Vandalism:

Halloween pranks that go too far can result in criminal charges, such as trespassing or vandalism. It’s essential to understand the boundaries between innocent fun and criminal behaviour.  Be mindful of others generally and ensure nothing you do can be taken as threatening behaviour.

In most cases, houses with a pumpkin or other Halloween inspired decorations welcome visitors but stay away from houses with no decorations or lights off.

Noise Ordinances:

If you’re hosting a Halloween party or event, be aware of local noise ordinances. Excessive noise during the late hours could lead to complaints and potential legal consequences.

Pet Safety:

Costumed people and the constant doorbell ringing can distress pets. In some cases, pet owners may be held responsible for their pet’s actions if someone gets injured.

Child Custody Disputes:

Halloween can sometimes lead to custody disputes between divorced or separated parents. Clear custody arrangements and open communication are crucial in avoiding legal conflicts.

While Halloween is undoubtedly a time for celebration, it’s important to be aware of the legal implications that can arise during this time.

At Aston Bond, we’re here to help you navigate these legal shadows and provide guidance should you ever need it.

Wishing you a safe and spooktacular Halloween!

At Aston Bond, we’re committed to keeping you informed about legal matters that matter most to you.

Our team of experienced lawyers is here to provide insights, tips, and updates on various legal topics.

Why should you subscribe to our newsletter?

1. Legal Insights: Our newsletter delivers valuable legal insights straight to your inbox. Stay informed about the latest legal developments that could impact your personal or professional life.
2. Expert Advice: Get expert advice from our team of dedicated attorneys who are passionate about helping you navigate the complexities of the legal world.
3. Practical Tips: Learn practical tips on various legal subjects, from personal injury and business law to estate planning and more.
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Thank you for choosing Aston Bond as your legal resource. We look forward to sharing our legal expertise with you!

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.  

World Mental Health Day serves as a global reminder that mental health should be a priority for individuals and organisations alike.

In the legal profession, where the stakes are high and the pressures are intense, acknowledging and addressing mental health is not a sign of weakness but a testament to the strength and resilience of the individuals who make up the legal community.

While the legal profession is often associated with rigorous demands and high-stress environments, it is crucial for law firms to recognise the significance of mental well-being within their ranks.

In this article, we, as a law firm committed to holistic well-being, delve into the importance of World Mental Health Day and the role of the legal industry in fostering a healthier work environment.

The Legal Profession and Mental Health

The legal profession is known for its demanding nature, long hours, tight deadlines, and the emotional toll of handling sensitive cases. These factors can take a toll on the mental health of legal professionals, making it vital to address the issue openly and proactively.

Promoting Mental Health in the Legal Workplace

Here are some strategies that law firms can employ to promote mental health and well-being within their organisations:

Work-Life Balance: Encourage work-life balance by setting reasonable work hours, discouraging excessive overtime, and respecting personal time. Promote the use of vacation days and sick leave when needed.

Supportive Leadership: Foster an organisational culture where leaders and supervisors are empathetic and supportive of their team members’ mental health needs. Encourage open communication and check-ins.

Awareness and Education: Employees should be educated on recognising signs of mental distress in themselves and their colleagues.

At Aston Bond, we understand the importance of mental health both in and out of the workplace. By taking proactive steps to support mental health, we aim to ensure that our team can thrive both personally and professionally.

Together, we can create a healthier and more compassionate future for all

Black History month is a time to celebrate and recognise the achievements and accomplishments of black individuals and communities, furthering to promote a positive sense of recognition and pride.

Additionally, this month offers an invaluable opportunity to help educate people about the frequently overlooked and/or marginalised features of black history. It comes with even greater importance considering the struggles and tribulations that have happened to black people over the course of many centuries.

Not only is this a reflection on the past, but also a call for the future.

Black History Month is the perfect opportunity for schools and educational institutions to incorporate black history and culture into the curriculum from the start of the school year. This helps to promote inclusivity by diversifying the curriculum and further inspires students by giving them positive role models.

Such education is important in a time where negativity thrives on social media (particularly as the average age for a social media users is decreasing each year). From all the hard work and determination of the black power movement through cultural programs and educational events, the younger generation can learn about the rich tapestry of black history and reflect on the significant contributions this movement has made.

As a law firm, we support the education and celebration that Black History Month can provide.  This is particularly the case as we see such under-representation in our industry – across all the lawyers in England, Scotland and Wales, black lawyers only represent 2 percent of the workforce; this is the lowest percentage out of all the ethnic minorities. Aston Bond strives to focus on diversity and equality as our people have and will always be the heart of what makes us different. That is why Aston Bond champions its training and development practices; to make sure that regardless of previous experience, the appropriate knowledge and training is provided to everyone that is part of the company.   Additionally, our extensive work experience programme goes some way to opening up the pathways for local students, irrespective of their background.

As we enter Black History Month, we not only recognise the struggles faced throughout history, but also celebrate the incredible achievements that have impacted and changed our society. ­­­­­­­­These strong movements and collaborative efforts between the black community helps to promote discussion between other communities on racial inequality, social justice and awareness.

We encourage all to strive towards a society which encourages diversity and a more equitable and inclusive future for not only the black community, but also for us all.

We are honoured to announce that our litigation department has won the Legal 500 award for outstanding professionalism, high work ethic and strong commitment in the profession!

The department has received many positive reviews from clients, so we are very proud to accept this award on his behalf. This recognition is a result of our commitment, diligence, and the confidence our customers have in us. In this blog, we will be talking about Legal 500, and the thrilling details of our accomplishments, along with what it implies for our client and our staff.

Legal 500 has constantly been providing the most current vision of the global legal landscape and has been examining the capabilities of law firms all over the world with thorough research programmes that is adapted and updated every year.

Legal 500 evaluates the strength of law firms in more than 150 jurisdictions and ranks law firms and individuals who provide the most state-of-the-art and innovative assistance and advice.

The staff at Aston Bond has been praised by many clients as well as other businesses for it’s:

• Exceptional client feedback
• Professionalism and patience
• Community involvement
• Innovative legal strategies

Despite this, we are constantly looking for ways to improve and focus on keeping up to date with the legal world.

James Dyche is no exception as he is described as having ‘a wise head on young shoulders’ and ‘very sound judgement’ as well as always keeping a positive and uplifting atmosphere within the office.

We are very grateful for this award as this means that our clients are represented by a highly regarded and successful law firm, which leads to increased confidence and use in our service. It also inspires us to continue to strive for excellence.

This is also an opportunity to acknowledge the collaborative endeavour that helped and led to winning this award – every member of our team should feel proud.

Winning any award in the legal field and in particular, Legal 500 is a very noteworthy accomplishment that showcases our commitment to offering top of the line legal services. Get in touch with our expert team today on 01753 486 777 or info@astonbond.co.uk

Did you know that in the UK there are more than 920,000 people currently living with dementia, and this figure is expected to rise to over a million by 2024. 

Whilst the majority of people with dementia are over 65, it is a common misconception that dementia only affects the elderly, as there are currently more than 42,000 people under 65 in the UK with dementia. Dementia is not just a natural part of ageing but is caused by brain diseases.

There are many different types of dementia and each one has its own symptoms, however, the main common factor is short-term memory loss, and this can cause confusion and disorientation. 

However, there are simple steps that can dramatically help those suffering from dementia feel more comfortable and relaxed in unknown environments, and it is therefore, we must all take action to implement these steps into our services as far as possible to help assist those clients with dementia.

Recognising the signs of dementia

The following are all symptoms that your client could be suffering from dementia, or another illness affecting their memory:-

They may be unable to retain your name, and may be confused as to where they are and how they got there;

They may not be aware of the time and date, and may struggle to concentrate;

They may repeat themselves, or have difficulty finding the right words; and

They may find it difficult to read and write.

Communicating with your client verbally

The following tips can all help clients with dementia feel at ease and aid their recollection by ensuring they are under as little pressure as possible:-

Guide your client by using their name before you start speaking to them, or if you notice they are losing concentration;

Keep your tone relaxed and gentle, and do not rush your client.  Allow the client time to think and provide a full answer;

If your client is struggling to understand, repeat sentences clearly in a steady voice;

If the client finds it easier to write, then encourage them to do so if they are struggling to recall the word.  Using a timeline, symbols or pictures may also help your client;

Describe your actions clearly such as “the meeting room is just here” and name objects or places, even if you are repeating them;

Avoid leading questions or questions presented as statements as this may confuse your client’s memory.

Communication with your client in writing

Dementia can also affect a person’s ability to read and write, or to understand the information, and you should therefore ask if they have a preferred format for further correspondence.  It may be that they would prefer a larger font, a recording or a telephone call to run through any written correspondence they receive.

The following are all useful steps that can be taken to ensure the client is not confused by any additional correspondence they may receive:-

Providing your client with information or questions that will be discussed at the meeting so that they have extra time to think about their answers beforehand;

Providing a recording of your meeting discussions (either written or audio)so that your client has something to refer to afterwards, as they may not be able to recall your meeting;

Be concise and try to avoid long paragraphs and sentences.  Heading can also help the client break down information and bullet points can make it easier for your client to take in information in bite size chunks;

Further Reading

We hope that the above information will help your business take steps to ensure a service is provided that is accessible to those suffering from dementia and helps them feel comfortable and at ease.

If you would like further information on Dementia please see the charities:

 https://www.alzheimers.org.uk/ and https://www.dementiauk.org/

If you would like to help increase awareness of dementia, as an individual or as a business, then you can enrol as a Dementia Friend via https://www.dementiafriends.org.uk/.

For more information, please contact us on 01753 486 777 or info@astonbond.co.uk