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Should workers have the right to switch off?

The Labour Party have announced that they plan to introduce a “right to switch off” for workers, in the event that they win at the next general election.

“Workers should be given the right to switch off when they have left for the day to ensure homes don’t become 24/7 offices.

Constant emails and calls outside of work should not be the norm and is harming work-life balance for many “ Labour has said.

The party also wants employees to have the right to flexible practices such as working from home which would allow people to spend more time with their families instead of commuting.

The  “right to switch off” resembles the legislation introduced in France in 2017, which gave all workers the right to disconnect from their work devices outside of normal working hours.

For some employers, the immediate concern might be a loss of productivity or service standards. When an employee’s productivity drops, the amount of work they produce or the quality of their work may decline. This can result in missed deadlines or delayed projects, potentially leading to dissatisfied customers.  Employers already have a duty of care towards their employees however so is such legislation even required? 

Charities and mental health experts say it most certainly is and that is perhaps a good indicator for employers. 

A clear working practice within the workplace and happy employees is bound to pay dividends in the long run for employers and no doubt business who do not take this on board will eventually struggle with recruitment and retention.  They key is to ensure that there are process and checks in place to prevent burnout in employees in the first place.  Employers should ensure that the demands placed on employees do not regularly require working in excess of an employees’ contracted hours.  Regular reviews and clear guidance in what is expected of managers are the first steps to implement here.

If you require advice on an employment-related matter, please do get in touch with Ilinca Mardarescu (Head of Employment) on imardarescu@astonbond.co.uk or call 01753 486 777.

Lease extension- simplified

Buying a leasehold property means at some stage you may be faced with needing to extend your lease.

The longer you own a leasehold property, the shorter the lease becomes and this can affect your property’s value as well as your ability to sell it in the future.

What is a lease extension?

A lease extension is a process of adding years back onto a lease and extending the time you have before the property reverts back into the ownership of the freeholder.

Owning a leasehold property means you own the right to live in a property for a set period rather than own the land it stands on. The land is owned by a freeholder or landlord who will charge a ground rent.

In most cases, leasehold properties are flats, where the overall building and land is owned by a freeholder.

Can I extend my lease?

Under statutory law, you can extend the lease on a flat by 90 years if you’ve owned it for more than two years and there were at least 21 years remaining on the lease when you bought it.

When should I extend my lease?

Generally, people extend their lease between 80 and 90 years. Usually, because they may be looking to sell in the future and want to make sure the property is mortgageable. 

What are the consequences of failing to extend your lease?

If any lease on a long leasehold residential property is not extended, it simply expires and runs out.

That could mean you have to leave your home and will certainly mean that you will no longer have any legal rights to any financial investment you have made.

If you want to discuss a lease extension on your property, our specialist team of solicitors are happy to help. Please contact us on 01753 486777

Notice to complete – what does it mean?

“Notice to complete” is a legal document that is typically issued by the seller’s solicitor or conveyancer to the buyer’s solicitor.

It is used in property transactions in the United Kingdom to set a deadline for the buyer to complete the purchase of the property.

When parties enter into a contract for the sale and purchase of a property, there is usually a completion date agreed upon. The completion date is the day when the ownership of the property transfers from the seller to the buyer, and the balance of the purchase price is paid.

If the buyer fails to complete the purchase on or before the agreed completion date, the seller can issue a notice to complete.

This notice typically provides the buyer with a specific period of time, often between 10 to 14 days, to complete the purchase.

The notice will also usually state that if the buyer fails to complete within the specified time, the seller may take certain actions, such as rescinding the contract, retaining the buyer’s deposit, and potentially seeking additional damages.

The notice to complete serves as a formal reminder and puts the buyer on notice that failure to complete within the specified time frame may have legal consequences. It is designed to encourage the buyer to fulfill their contractual obligations promptly and proceed with the purchase.

It is always advisable to consult with a qualified solicitor or conveyancer who can provide accurate and up-to-date advice tailored to your situation.

For all your property needs, contact our friendly team of solicitors at Aston Bond on 01753 486 777 or email kconner@astonbond.co.uk

Have you ever lied on your CV?

Lying on a resume can result in a maximum jail sentence of 10 years under the Fraud Act 2006.

Although in reality a 10 year jail sentence is unprecedented for a false CV. Rhiannon Mackay in 2010 was jailed for 6 months following lies in her CV which resulted in her getting hired as a capital projects administrator in the NHS. However her case involved the falsification of past employers and references.

It is important to note that the majority of lies on a CV will not result in a jail sentence. A falsified B in GCSE French when applying to be a Car Salesman in Bromley will, most likely, not result in criminal proceedings or even gross misconduct.

The job board CV-Library stated that around 50% of job-seekers admitted to lying on their CV’s . Evidently all those who lie on their CV’s do not get caught but is it worth the risk?

An employee lying on their Curriculum Vitae  (CV) counts as fraud under false representation. As a result, the employer has the right to terminate their contract for gross misconduct.

If the original CV contained falsehoods the employer may be exempt from being sued by the employee. If the employer can prove he/she would not have originally hired the employee if the CV were true then the employer can, in certain circumstances, avoid liability in wrongful termination proceedings. Thus the employer could violate an employee’s legal rights by (for example) firing them because of their gender/race and yet not be liable in legal proceedings. This is called the ‘after acquired evidence’ theory.

If you’re an employer or employee and have any queries over any aspect of employment law please do not hesitate to contact us. 

Empowering the next generation. Careers event 2023.

In today’s rapidly evolving world, the importance of early exposure to career opportunities cannot be emphasised enough.

As a forward-thinking business, we recognise the significance of reaching out to young minds and that’s why we participated in a school’s careers event to inspire and educate students.

We believe that educating children about different professions, industries, and the skills required for success is crucial in helping them make informed choices about their future.

Pupils had the opportunity to hear first-hand advice from Kanchana Kumari and Ilinca Mardarescu about all the different career paths open.

Both Kanchana and Ilinca had set up a stall where students could ask questions and gather information about setting foot in the world of law. This allowed both the students and professionals to interact with each other as well as gain a deeper understanding.

We were so impressed with the students’ enthusiasm at Slough & Eton Business and Enterprise College and thank them for their hospitality.

We are proud to be part of a collaborative effort between educational institutions, professionals, and the community to support the wider career development of students.

For any inquiries for events please contact imardarescu@astonbond.co.uk or call our friendly team on 01753 486777

Day at the Royal Windsor Racecourse

At Aston Bond, we firmly believe in the power of work events. From team-building activities or networking events, these gatherings provide a great opportunity to enhance collaboration and foster professional relationships.

This week, our team had the chance to attend the Royal Windsor racecourse.

From the moment we stepped foot into the racetrack, we felt the electricity in the air. There was a vibrant atmosphere with the crowd buzzing with excitement and anticipation.  

The racecourse environment was a unique blend of excitement, elegance, and positivity.

The interactive nature of the venue encouraged all our team members to come together, collaborate, and bond.

Placing bets on races created a sense of shared excitement among us all with the seasoned pros of our group teaching those who had never been before.  We felt a stronger sense of unity and cooperation as we cheered each other’s horses on and shared in the experience.

For those fortunate enough to witness the sport of horse racing first hand, it is a lifelong experience to remember. As indeed is any event, big or small, which helps a team bond look out for each other, both in and out of the workplace.

The right way to sign a contract

Signing a contract is a crucial moment in any business or legal transaction. It represents a binding agreement between parties and outlines their rights, responsibilities, and obligations.

However, signing a contract should not be taken lightly. It requires careful consideration and attention to detail to ensure that all parties are protected and that the terms of the agreement are clear and enforceable.

In this article, we will discuss the essential steps for signing a contract.

1.Read and Understand the Contract

Before signing any contract, it is essential to read and understand its contents thoroughly. Pay close attention to the terms, conditions, and clauses outlined in the agreement. If there are any sections that are unclear or confusing, seek clarification from the other party or consult a legal professional. Understanding the contract is vital to protect your interests and avoid potential misunderstandings in the future.

2. Seek Legal Advice if Necessary

In complex business transactions or legal matters, it is wise to seek legal advice from a qualified professional. A lawyer can review the contract, identify potential risks, and provide guidance on any necessary modifications or additional clauses.

3. Get a copy of the Signed Contract

After signing the contract, make sure to obtain a copy for your records. Retaining a copy of the signed agreement is essential for future reference and potential legal disputes. It serves as evidence of the terms agreed upon by all parties involved and provides a reliable source of information if conflicts arise.

4. Do you have the Mental capacity?

To enter into a contract, a person must have a mental capacity sufficient to understand the nature and consequences of their actions. If mental capacity is absent, the contract is voidable by the person lacking capacity.

For example, a contract signed while heavily intoxicated, cannot be considered valid as the signee did not possess the capacity to consent at the time.

5. Negotiate and Discuss Terms

If there are terms or clauses in the contract that you are uncomfortable with or that require further clarification, engage in open and honest discussions with the other party. Negotiation is a common practice in contract agreements, and both parties should have a chance to express their concerns and find mutually acceptable solutions.

Signing a contract is a significant commitment, and it is crucial to approach it with care and attention to detail. By following the steps outlined above, you can ensure that the terms of the agreement are clear, your interests are protected, and both parties are entering into a binding contract with full understanding and consent.

6. Date signed

The “signature date” is important as it is evidence of what day a party has signed. Since a contract is formed between at least two or more signing parties, it’s possible that both signing parties sign on the same date or on different dates.

At Aston Bond, we specialise in all sorts of contracts – be that advising on or drafting from scratch. If you would like an initial consultation to discuss your requirements, you can reach us at 01753 486777 or info@astonbond.co.uk

Are you prepared for the the UK’s hottest summer?

UK heatwave on the way as Met Office confirms July temperatures may hit ‘high 30s’.

As temperatures soar and heatwaves become increasingly frequent and intense, the effects of extreme heat can cause discomfort in our everyday lives.

Employers and businesses face a unique set of challenges as they strive to maintain productivity to ensure employee well-being.

By understanding the potential implications and adopting appropriate measures, employers can create a safe and supportive work environment that fosters employee well-being and productivity even in the face of scorching temperatures.

So here’s exactly how you can help your employees:

  • Provide a comfortable work environment: Ensure that the workplace has proper ventilation, such as fans or air conditioning systems.
  • Hydration facilities: Encourage employees to stay hydrated by providing a supply of cool drinking water or allowing employees to have water bottles at their workstations.
  • Breaks and rest areas: Encourage regular breaks in shaded or air-conditioned areas to give employees a chance to cool down. Provide designated rest areas where employees can relax and escape the heat during their breaks.
  • Flexible dress code: Relax the dress code policy during extreme heat, allowing employees to wear lighter and more breathable clothing. However, maintain appropriate professional standards and ensure that the relaxed dress code doesn’t compromise safety or hygiene requirements.
  • Education and awareness: Provide information and training to employees about the signs of heat-related illnesses, such as heat exhaustion and heatstroke. Educate them on preventive measures, like staying hydrated, taking breaks, and recognizing the importance of seeking medical attention if necessary.
  • Allow for flexible working times: employees who rely on public transport may prefer to arrive earlier (when cooler) and leave earlier when tubes and buses are not as busy.

At Aston Bond, we believe It is important for employers to recognize and address the impact of heatwaves on their employees and businesses. By taking proactive measures to support their workforce during intense heat, employers can help maintain employee well-being, productivity, and overall job satisfaction.

For any employment queries please get in touch with Ilinca Mardarescu our head of employment solicitor on 01753 486777 or imardarescu@astonbond.co.uk

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