Travel and employment in 2021

Posted on by Ilinca Mardarescu

The ever-changing regulations regarding who has to self-isolate upon return from what country has thrown up many questions for businesses and individuals alike.

The list of countries from which you have to self-isolate is constantly changing and the decisions are often announced very quickly.  

The Department for Business, Energy & Industrial Strategy has issued new guidance for employees and employers on employment rights when self-isolating on return to the UK from a country subject to quarantine restrictions.

Currently, all travel corridors have been suspended effective 18 January 2021. The current, up to date information on travel quarantine rules can be found here.  https://www.gov.uk/guidance/coronavirus-covid-19-travel-corridors

If you arrive in England from anywhere outside the UK, Ireland, the Channel Islands or the Isle of Man you will need to self-isolate for 10 days.

Working from home

Where possible, employers should allow employees to work from home during the 10 day self-isolation period. 

Taking annual/unpaid leave

Employees may be able to take annual leave to cover the period of their self-isolation, subject to certain entitlement requirements.  Employers may also be able to tell their employees to take annual leave provided adequate notice is given.

Employees may also be entitled to take annual leave if they are forced to travel to deal with family or dependent emergencies. If that is not possible, employees should be allowed to take unpaid leave.

Where a new country liable for quarantine is announced

Employees should talk to their employer as soon as possible to discuss options. Clearly, the employer having a clear policy for all staff in such situations will be beneficial to both parties concerned.

Sickness

Employees will not be entitled to sick pay if they are required to self-isolate following travel abroad.  Sick pay is only available where an employee is actually ill and evidence of this is usually required by way of doctors’ notes.

Dismissal

When dismissing staff, employers must do it fairly. Valid reasons include capability, conduct or redundancy.  Even if employers have a valid reason, the dismissal is only fair if it’s a reasonable response in the circumstances and they follow a fair procedure. 

Dismissal should always be a last resort and employers should consider alternative arrangements first, such as agreeing with employees to take annual leave or unpaid leave. Where possible, employers should explore the option for the employee to work from home or to agree work that can be completed from home.  Employers who dismiss an employee because they have had to self-isolate following travel abroad may be liable for unfair dismissal.

A clear and detailed policy issued to all employees covering travel and restrictions will assist in such cases.  A policy would provide certainty to all parties concerned and will make it clear to employees what is to be expected if they are caught out by new restrictions.

For any assistance in creating a suitable Travel Policy for your business, please contact our Head of Employment Ilinca Mardarescu

Masks in the workplace

Posted on by Ilinca Mardarescu

Tesco, Asda and Waitrose all announced last week that they will deny entry to shoppers not wearing face masks (unless medically exempt). No doubt more will follow.

Additionally, we have all seen an increase in police challenging individuals as to why they are not wearing a mask.  Government guidance does state that the police can take measures if members of the public don’t comply with the law in relation to wearing masks.  However, members of the public are not required to carry with them any specific form of medical exemption certificate.

Shops can refuse to allow an individual to enter a store (which is private property) as long as that refusal is not discriminatory in any way.  Businesses have been spending money on ensuring the workplace is safe and secure for those who work in them and they have a general duty to protect the health and safety of its own staff as well as members of the public.  But what about those employees who refuse to wear a mask in the workplace?

Employers will need to tread carefully in mandating the wearing of a mask.   Indeed, a blanket approach could lead to claims of discrimination.  Where there are genuine medical reasons why employees are unable to wear a mask, they cannot be forced to do so.  Employers should generally already know about any medical conditions affecting their staff. It is good practice to ask, at the commencement of employment, about any on-going medical conditions in order to be able to effectively protect the health and safety of all of its employees.   It is also a good idea to include a clause in the contract of employment requiring employees to keep an employer updated as and when their medical condition changes.

Difficulties arise when there is a need to balance the health and well-being of all staff against those of one or two.  The majority of employees may be happy to wear and mask and may expect others to do so around them – they may have their own vulnerable family to consider.  I should be noted that employees have the right not to be pressured or abused in any way if they are unable to wear a mask.  In such situations, open communication with all parties is paramount.  A conversation should be had with those unable to wear a mask and consideration given as to what other measures can be put into place.  This could include moving them to another part of the business which is quieter or has less contact with others, ensuring social distancing is possible, utilising other protection methods such as Perspex barriers and asking those employees who cannot wear a traditional mask to wear a face visor instead.

A full COVID policy should be put into place in all workplaces, covering what is expected of employees in terms of extra precautions and safety measures to be adhered to.   For any assistance with this or any employment-law related topic, please contact our Head of Employment, Ilinca Mardarescu

The benefits of using an SFE Accredited Lawyer to get your affairs in order

Posted on by Rachel Jones

Solicitors for the Elderly (“SFE”) is a national organisation consisting of a select group of members who are qualified, regulated and insured Solicitors, Barristers or Chartered Legal Executives.  These members must specialise in law assisting older and vulnerable clients, and must have substantial experience of providing expert level advice to such clients.  The members receive expert training and are kept up to date by SFE with the latest case law for their older and more vulnerable clients.

With our own Head of Private Client Department, Jade Gani, recently qualifying as an SFE Full Accredited lawyer, we list 10 reasons as to why you should use an SFE accredited lawyer like Jade to get your affairs in order:-

SFE members:

  1. Know their stuff

As an SFE accredited lawyer, Jade is a qualified solicitor who has specialised in providing legal advice to older or vulnerable people and their family and carers, and therefore has an expansive knowledge of her legal area.

  1. Have years of experience

An SFE lawyer, Jade has been training and focusing on this area of law for many years, and therefore has built up substantial expertise and connections to ensure you receive an all-encompassing service.

  1. Are independently accredited

As well as successfully completing all areas to qualify as an accredited member of SFE, Jade has also completed additional training in older client law to qualify for the independently accredited Older Client Care in Practice Award.

  1. Follow a strict code of conduct

SFE lawyers like Jade are regulated by a strict code of conduct that centres on respect and dignity for their clients.  They understand the level of service required to meet the needs of older and more vulnerable clients, and how these may differ from others in society.

  1. Speak in a language you understand

SFE lawyers like Jade understand that there can be a lot of legal jargon in their profession and that this can be confusing to understand.  She therefore communicates in clear and straightforward language so that you can be confident that you understand any advice or documents you are provided with.

  1. Are part of a community of experts

SFE is an organisation that has created a community among the highest specialists in older client law.  With a community of over 1,500 members, no matter how complex or sensitive your case, you can be sure that you will receive the best possible legal advice on all areas.

  1. Safeguard your interests

An SFE lawyer, such as Jade, understands your interests and will focus on ensuring you receive advice that is of the highest quality and tailored to your specific needs whilst still being affordable.

  1. Understand the bigger picture

There are often wider and sensitive issues surrounding the health, care and family advice that you may be seeking, and an SFE lawyer like Jade will understand this and be able to apply the advice to the bigger picture and how this may affect your plans for later life.

  1. Offer the best possible care and support

SFE lawyers, such as Jade, have chosen to specialise in older client law in particular as they care about the more vulnerable members of our society, and helping provide them with support that is tailored to their individual needs and circumstances.

  1. Get you the best possible outcome

Ultimately, by choosing an SFE lawyer like Jade you can be confident that you will be guided and supported through a complex and sensitive area of law with the highest level of expertise, and you can be sure that the advice you receive will help protect both and also your loves ones both now and in your later life.

If you would like to speak with Jade about your Private Client Law needs then please do not hesitate to contact her on 01753486777

Jade Gani Joins SFE As A Full Accredited Member

Posted on by Rachel Jones

Aston Bond is delighted to announce that the Head of our Private Client department, Jade Gani, has successfully completed the Solicitors for the Elderly (SFE) Older Client care in Practice [“OCCP”] and Older Client Law in Practice [“OCLP”] Awards. This, therefore, means that she joins SFE as a Full Accredited Member, in recognition of her expertise in advising and supporting older and more vulnerable clients.

SFE is a national organisation consisting of a select group of members who are qualified, regulated and insured Solicitors, Barristers or Chartered Legal Executives. These members must specialise in law assisting older and vulnerable clients, and must have substantial experience of providing expert level advice to such clients. SFE continues to support its members by providing expect training and ensuring they are up to date with the latest case law for their older clients.

The Private Client department is excited to continue to grow and develop throughout the upcoming years under Jade’s leadership, and this wouldn’t be possible without the specialist knowledge that Jade brings to the department ensuring all client advice is of the highest standard. Following on from her impressive ‘Young Practitioner of the Year’ win at the British Wills & Probate Awards 2020, we are in no doubt that this is just the start for Jade and there will be much more to come.

More about Jade:

Jade has been the proud Head of the Private Client department at Aston Bond Law Firm since April 2017. Under her careful watch and continued nurturing, the department has flourished; growing year on year, with no signs of slowly down.

With a passion for all that she does, Jade’s mission has been to ensure she is the go-to person for anyone struggling with grief, wanting to proactively tax plan or those vulnerable individuals requiring a touch of extra TLC. She prides herself on being able to connect with her Clients on a personal level, whilst always being able to provide expert, professional advice in simple terms. In particular, Jade suffers from her own invisible illnesses and uses her experiences to adapt and truly empathise with other vulnerable individuals; always being patient and adopting a variety of helpful, unique and inventive ways to capture clear instructions, often in very difficult circumstances. Her dedication to her field and exceptional work meant she was crowned the Young Practitioner of the Year at the British Wills & Probate Awards 2020.

As the landscape of Private Client is constantly changing, Jade continues to study and in addition to being a Full Accredited Member of SFE is also currently an Associate Member of STEP; this helps to ensure she has the advanced knowledge and up to date information required to provide exceptional advice to her clients.

If you would like to speak with Jade in relation to getting your personal affairs in order, then please do not hesitate to contact her on 01753486777 or jgani@astonbond.co.uk.

National lockdown: Stay at Home

Posted on by Ilinca Mardarescu

ON 4th January 2021, the Prime Minister issued a statement urging everyone to stay at home. This new Tier 5, imposed nationally, has meant that all schools will be closed and people have been urged not to leave the house except for essential and specific reasons. This is much more akin to the first national lockdown which took place in March 2020.

But what does this mean for jobs and the workplace?

Guidance on what this means has been published by the government. This states;

You may only leave your home for work if you cannot reasonably work from home.

Where people cannot work from home – including, but not limited to, people who work in critical national infrastructure, construction, or manufacturing – they should continue to travel to their workplace. This is essential to keeping the country operating and supporting sectors and employers.

Public sector employees working in essential services, including childcare or education, should continue to go into work.

Where it is necessary for you to work in other people’s homes – for example, for nannies, cleaners or tradespeople – you can do so.

Otherwise, you should avoid meeting for work in a private home or garden, where COVID-19 Secure measures may not be in place. Employers and employees should discuss their working arrangements, and employers should take every possible step to facilitate their employees working from home, including providing suitable IT and equipment to enable remote working. The risk of transmission can be substantially reduced if COVID-19 secure guidelines are followed closely. Extra consideration should be given to those people at higher risk.

As previously, more information and detailed legislation will be published soon. The law, once passed, is due to take effect from the early hours on Wednesday. However, the new restrictions mean that people may not leave the house without a reasonable excuse and the police will have the power to enforce this.

We have all been here before. Thoughts of home-schooling again and memories of the last lockdown mean we may well dread this next lockdown. But businesses – and to a certain extent individuals – are more prepared for this type of lockdown than ever. We have done it before; we can do it again.

For any assistance with how this will affect you in your employment or business, please do get in touch with our Head of Employment, Miss Ilinca Mardarescu.

Deadline Looms For Power Of Attorney Claims: 31st January 2021

Posted on by Rachel Jones

Did you pay the Office of the Public Guardian to register a Lasting Power of Attorney (LPAs) in England & Wales between 1st April 2013 and 31st March 2017?  If yes, then you may be due a refund of up to £54.00, however you will need to be quick as the deadline to claim the refund is the 31st January 2021.

The Ministry of Justice has announced that the fees for registering LPAs were overcharged at a cost of £110.00 between 1 April 2013 and 31 March 2017, whereas the actual cost should have only been £82.00 due to the operating fees having dropped.  Therefore any applicants who paid the higher fee are now due a refund of the difference between the amount paid and the amount they should have paid, plus interest.

Who can Claim

There are two types of LPAs, one for Property and Financial Affairs and one for Health & Welfare, and if you made both types then you may be able to claim the refund on each LPA, meaning a total refund of up to £108.00 may be claimed for couples.  However, you should only need to make one claim for both Lasting Powers of Attorney made by each donor.

The refund can be claimed by the person who made the LPAs (the donor) or the people who were appointed as attorneys in the LPAs, however, any refund due will be paid directly to the donor.

You can also make a claim if you paid to register an Enduring Power of Attorney (EPA) between the above dates, as although EPA’s are unable to be made after the 1st October 2007 it is possible that they may have been registered at a later date between the 1st April 2013 and 31st March 2017.

How to Claim

The refund can be claimed online, or you can call the Office of the Public Guardian on 0300 456 0300 (and then select option 6).  You will need the following information to make a claim:

  1. The donor’s full name, address and date of birth;
  2. The donor’s bank account number and sort code (for the refund to be paid to).  If the donor does not have a bank account, or you are acting as their deputy, then the claim will need to be made via phone;
  3. Names of the attorneys appointed on the LPA.

If the donor has died since making the Lasting Powers of Attorney, you may still be able to make a claim for any overpaid registration fee, however you will need to apply via email to poarefunds@justice.gsi.gov.uk or by post to POA Refunds Team, 7th Floor, Office of the Public Guardian, PO Box 16185, Birmingham, B2 2WH.  You will need to send them a copy of the death certificate and the Will, or a grant of representation, along with your contact details.

If you would like further information in relation to LPAs then please do not hesitate to contact call us on 01753 486777.

Why Parties Should Apply For Decree Absolute With Caution

Posted on by Lynette A'Court

The document most parties look forward to receiving is their Decree Absolute.   This is the final document in Divorce Proceedings and legally ends a marriage in England and Wales.    However, this does not bring an end to the parties’ financial claims unless the parties have already agreed the financial aspect of their case and have agreed a Consent Order which has or is to be submitted to the Court for sealing.

THE IMPORTANCE OF OBTAINING A FINANCIAL ORDER IN DIVORCE PROCEEDINGS SEALED BY THE COURT

If parties fail to deal with the financial issues and do not obtain a Court Order with a Clean Break,  where possible, none of their respective claims are dismissed under statute and either party may make an application for Financial Orders in the future which can be very distressing, especially if the parties have entered into a new relationship or even remarried.

IN THE EVENT OF REMARRIAGE AFTER DECREE ABSOLUTE

The party may lose some or all of their rights in respect of future claims against their ex-spouse.  Thus parties should not remarry however tempting until they have a sealed Court Order in respect of their financial settlement.

WHAT HAPPENS IF YOUR SPOUSE DIES BEFORE A FINANCIAL SETTLEMENT IS FINALISED AND DECREE ABSOLUTE HAD BEEN MADE?

The Financial proceedings in a divorce case come to an end upon their spouse’s death.   It would then be necessary for them to commence proceedings under the Inheritance Provision (for Family and Dependents) Act 1975 on behalf of themselves or children of the family but they would have to show a need and these proceedings are expensive.

WHAT IS THE POSITION ON YOUR SPOUSE’S DEATH IF DECREE ABSOLUTE HAS NOT BEEN MADE?

If Decree Nisi has been pronounced but no application has been made for Decree Absolute then the surviving spouse will be entitled to all of the benefits that they are entitled to as a widow or widower.

This means that certain assets may only be transferred to the deceased party’s spouse.  Prime examples are pension funds and sometimes trust funds.   

If you wish to discuss applying for Decree Absolute or obtaining a Financial Settlement please do not hesitate to telephone our Senior Family Solicitor Lynette A’Court on 07754662438 for your free initial consultation.

Deputyship Series: What is a deputyship and how do you get appointed as a deputy?

Posted on by Mamta Rajanwal

In previous articles we have looked at putting in place Lasting Power of Attorneys in order to appoint Attorneys that you trust to look after your health & welfare affairs and manage your property & financial affairs, in the event that you lose capacity and are unable to make your own decisions. In order to put in place Lasting Power of Attorneys, you need capacity. So, what happens if you need someone to look after your health, welfare, financial and property affairs, but do not have capacity to appoint someone? Someone could make an application to make decisions on your behalf where you are no longer able to make decisions yourself, and be appointed as a Deputy. That someone is usually a friend or a relative, but can also be a professional. In this article, we look at deputyship and how a Deputy can be appointed.

A person can be appointed as a ‘Deputy’ in order to manage the affairs of a person that is unable to manage their own affairs, this is known as a deputyship. The application is made to the Court of Protection, who will decide whether to appoint the person making the application as a Deputy. If it is decided that they should be appointed a Deputy, the Court will pass an order giving the person authority to act on your behalf where you are unable to manage your own affairs and do not have an LPA in place. 

Types of Deputyship 

There are two types of Deputies that can be appointed:

  1. Property and financial affairs Deputy– who are normally responsible for managing your financial and property affairs, such as paying bills, for example. 
  2. Personal welfare Deputy– who are normally responsible for making decisions about your medical treatment and how you should be looked after, for example. 

Fees for making the Application

Not only are there court fees to pay when making the application, but there are also annual fees that must be paid every year after the Deputy has been appointed. The appointed Deputy will be responsible for these costs. At the current rate, the application fee for making the application is £365.00. On making the application, if the court decides that a hearing is required to decide on whether the deputyship should be granted, then a court fee of £485.00 is currently payable.  

There are also fees to be paid after the Deputy has been appointed, the amount to be paid will depend on the level of supervision that the deputyship requires. The fees are currently £320.00 for general supervisor and £35.00 for minimal supervision, this fee will also apply to some property and affairs deputies who are managing less than £21,000.00.

If the Deputy appointed is acting as a deputy for the first time, then there is also an additional fee of £100.00 that will be payable.

You can get help to make payment of the application and supervision fees, and more information about fees can be found on the government’s website www.gov.uk/become-deputy/fees.  

For more information about appointment of deputyship and how you can be appointed as a Deputy, please contact us on 01753 486 777, for a free initial consultation.

Extension to ACAS Early Conciliation period

Posted on by Ilinca Mardarescu

As of 1st December 2020, the ACAS Early Conciliation period has been extended to last for a set period of six weeks in all cases.

But who is ACAS and what is the Early Conciliation period?

ACAS is an independent public body that receives funding from the government.   It provides free and impartial advice to both employers and employees on issues relating to employment law including best practice, policies and assist with early settlement of claims.

For most claims which are brought in the Employment Tribunal, it is a requirement that the Claimant notify ACAS prior to issuing proceedings, of his/her intention to issue proceedings.  This is easily done by filing in a simple form on the ACAS website.

Once the Claimant has notified ACAS, the matter will be referred to an ACAS conciliator, also known as a conciliation officer.  The conciliation officer will contact the Claimant to explain the early conciliation process. They will check the information given on the form, discuss the matter generally and establish whether the Claimant wants to try to settle the dispute.  If the Claimant is open to negotiation, ACAS will contact the Respondent (the employer) to start the process of trying to reach a settlement.

Neither party are compelled to enter into negotiations and ACAS does not have the power to force participation in settlement discussions.  However, it is often a good idea for the parties to participate in the process seriously before matters proceed to a more formal stage. Once proceedings are issued at the Employment Tribunal, the parties have to adhere to the Orders given by the Tribunal and in the majority of cases legal costs will then start to be incurred. 

ACAS does not provide legal advice and cannot advise either of the participants on what to do or what is reasonable in terms of negotiating a settlement.  For this reason, it is advisable for parties to obtain their own legal advice on the strength of their case during this process.  Knowing the likelihood of success is an important factor when negotiating a settlement.

Once the six week period has passed, ACAS will issue a certificate to the Claimant to confirm they were notified of the claim as requiered.  The certificate has a number on it which needs to be quoted on the Claim Form (ET1) when issuing proceedings at the Employment Tribunal. 

For any assistance with the Early Conciliation process or other employment-related matter, please contact our Head of Employment, Ilinca Mardarescu.

Aston Bond Appoints New Director

Posted on by Jade Gani

Aston Bond Law are delighted to announce that our Head of Employment Law, Ilinca Mardarescu, has been newly appointed to the role of Director at the firm. Ilinca makes Aston Bond history by becoming the first female board member since the firm was formed in 2004. She is a formidable expert in her field and integral team member whom we are sure will lead the way into a prosperous and successful New Year. 

Ilinca commented that she is thrilled by the new challenges her appointment will present: “Aston Bond is like a family to me.  Staff take pride in their work and genuinely care about doing their best for their clients. I am proud to call them my colleagues and am eager to contribute to the continuing growth of Aston Bond.”

As a firm, we are excited to continue to grow and develop in different and exciting ways throughout 2021, which wouldn’t be possible without the dedication Ilinca champions within the team. So, we warmly congratulate Ilinca on starting this new role and sincerely look forward to her leadership.

More About Ilinca

Ilinca qualified in 2002 and has specialised in Employment Law since early on in her career. She undertakes work for both employers and employees alike, acting on a broad range of issues such as dismissals, health and safety , discrimination, TUPE and restrictive covenants.

Ilinca has undertaken advocacy at a number of Employment Tribunals throughout the country dealing with various applications, interim and full hearings.   She has brought cases at the High Courts for enforcement of restrictive covenants and has dealt with and obtained injunctions on behalf of her clients.

Ilinca has provided human resources support for various companies including being on-site to deal with disciplinary and grievance matters and assisting human resources in managing sickness and absences. She has also assisted with the Employment Law aspects of various mergers and acquisitions.

If you would like to speak with Ilinca about your Employment Law needs then please do not hesitate to contact her on: 01753 486 012 or email her at imardarescu@astonbond.co.uk