Zero-hour employment contracts: here to stay?

Posted on by Aston Bond Law Firm

Your contract of employment is one of the most important contracts you will sign in your life, which should provide you with financial security. However, there has been a dramatic increase in the number of employees working on zero-hour employment contracts.

Much controversy surrounds zero-hour contracts, with both political figures and human rights campaigners questioning the legality of these type of employment contracts.

To understand the legality of zero-hour employment contracts, you should first understand what they are, how they work and how they affect both the employer and employee. A zero-hour employment contract is an employment contract in which no specified time is given as to the number of hours an employee is scheduled to work per week or per month. This allows the employer to employ an individual without any limitation on the minimum number of hours an employee will work per week or per month. This means that the employee has no secure income due to the day-to-day uncertainty of available paid work.

This has advantages and disadvantages for both the employer and employee. For an employee, a zero-hour contract offers flexibility and is often popular with students who require flexible working hours alongside their uncertain studying hours. For the employer, these type of employment contracts are seen as beneficial, as it allows the employer to adapt to the needs of their business and the market, day-by-day.

Many employers see the zero-hour employment contract as cost efficient, although there is still of course the mandatory requirement for the employer to pay the employee the national minimum wage.

But are zero-hour employment contracts legal? Yes. These type of employment contracts are legal with no limitations other than the limitations that are placed on conventional employment agreements. With large corporations in the UK heavily relying on zero-hour employment contracts, the government would arguably be taking a large risk in placing limitations and/or banning these type of employment contracts, as it could have a negative effect on the current employment rate.

It is likely that zero-hour employment contracts will come under further scrutiny in the future, however, unless and until any legal restraints are implemented, it is just as likely that the use of zero-hour employment contracts will continue to increase.

Vinesh Patel, Paralegal

vpatel@astonbond.co.uk

 

Aston Bond Solicitors in Slough and providing legal services to clients across Oxford, London, High Wycombe and Reading are specialist employment law solicitors. To find out more about our employment solicitors and our employment law services please click here.

Point of No Return in a Property Sale

Posted on by Nick Powe

English Law prescribes that until contracts are exchanged or an auction property is “banged down” there is no binding agreement.

Therefore, the excitement of buying or selling a property means nothing and no plans or celebrations should take place until your solicitor tells you the magic words, “contracts are exchanged” or you have succeeded with a bid at auction.

Until that happens either party can run up expenses such as surveys, searches or legal costs without any security that the property is successfully bought and either party can change their mind without having to pay any compensation to the other party as can anyone in the “chain”.

Nothing the selling agent tells you is binding until the exchange of contract has occurred and celebrations mean nothing. Just because the selling agent says the seller or buyer has accepted your offer, it is “subject to contract” and therefore not binding until the contracts are exchanged.

Aston Bond conveyancing solicitors specialise in buying and selling property as they know what these phrases mean.

Nick Powe, Senior Property Solicitor

npowe@astonbond.co.uk

Mind the gap: The Loopholes in the UK Immigration Regulations

Posted on by Ravinder Kaur

As thousands of migrants step foot off the platforms they are repeatedly told to “mind the gap”, but not only did they mind the gap, they have also exploited the current loopholes and very cleverly bypassed the UK immigration regulations to live and work here.

“Show me the money”

Those who are ever willing to bring over their spouses or families into the UK are sometimes refused due to the strengthening powers of the UK immigration border force. These new rules include a minimum earning requirement of £18,600 for a spouse and additional monies for each child , consequently the job market is still moving at a snail’s pace and therefore many applications to bring over family and spouses are declined.

Although these new measures have been put in place, there are many of those who do not lose hope and simply gain jobs in the other neighbouring European countries in an attempt to kick start applications for dependants under the EEA provisions. Due to this loophole ( which in turn has its own criteria which must be met) those cases  will not be considered under the UK immigration rules which relate to overseas dependants of British nationals  , they will fall for consideration in the UK by virtue of regulation 9 of  Immigration (European Economic Area) Regulations 2006.

“Do you take this man to be your lawfully wedded husband?”

Often known as the “Surinder Singh” avenue, this case involved an Indian citizen who lived and worked in Germany and was also married to a British citizen in Germany.  Following their return to the UK the marriage broke down and they divorced. Mr. Singh’s  visa was curtailed and deportation was a likely reality for Mr Singh. Mr. Singh appealed the curtailment and challenged the decision. The final decision maker was the European court which stated that Mr. Singh’s spouse was a European citizen and he should be granted status in line with the EEA regulations.

“But I’m Portuguese”

 Another loophole in our system consists that of many Indians who reside in Goa (south India) which was once the territory of Portugal. They claim that they have Portuguese heritage and can therefore be eligible to claim citizenship in Portugal. This then makes their move to the UK much quicker and also their families can also be brought over too.

There are always two sides to a coin, especially when talking about immigration. On one side there are those who see the UK as a country that puts everyone else first but its own, and then there are others who support those who are willing to work hard and do the tough  every day labour jobs that other British people failed to see or do.

Top 3 TV Shows for Wannabe Lawyers

Posted on by Aston Bond Law Firm

Suits, Law and Order UK, The Briefs

It’s hard to imagine what it would be like to have a professional career as a lawyer or what it is like to work in a legal environment. However, the subject of law within TV shows has seen a huge boost over the past two years with a number of huge TV networks launching shows based around the legal profession.

So, what better way to get a taste of the legal profession than from your living room couch? Today I have compiled the top 3 shows currently airing all about being a lawyer. Enjoy.

The Briefs

If you’re looking for a realistic look at the legal lifestyle then you will love The Briefs. The documentary show follows a well know English law firm as they go by their daily work. Ranging from criminal damage cases to a simple call to the court. The show gives a realistic and non-edited look at the life of a criminal defence lawyer. Originally aired on BBC and continuing repeats being shown The Briefs is a real look at the UK legal system and men and women behind it.

Suits

Suits has been a huge hit in America and its cult like following is spreading across the Atlantic with the show now being hugely successful here in the UK. The drama and comedy show follows a fictional law firm based in New York as a new guy works his way up in the industry without ease. The show ranges from jealous colleagues to general life issues but has a comedic feel along the way.

Law & Order UK

Originally a U.S TV show Law and Order soon made its way to British TV and is now on its seventh series. The dramatic show gives the views of the two sides of the legal sector, the Police who catch the criminal and the lawyers who try to prove them innocent.  The show follows through each investigation from the forensics to the final court case and has a truly captivating story along the way.

So, if you’re preparing to begin law school this September then these three shows may be worth watching. If you have any suggestions of your own then why not send us a tweet.

Ashton Hudson, Online Marketing Executive

ahudson@astonbond.co.uk

G20 Nations to Take on Global Tax Avoidance

Posted on by Aston Bond Law Firm

The worlds G20 nations are expected to make an agreement today to fight against tax avoidance by multinationals. While much of the gathering will be taken up by topics including Syria and the US financial stimulus programme it is expected that the G20 nations will sign an agreement putting further focus on tax avoidance.

The focus of these discussions will be the use of legal methods to avoid tax being used by the world’s biggest companies including Starbucks and Amazon. In recent months it has been revealed that many international companies have been using a number of legal methods to avoid tax, it is these methods which the G20 nations aim to put pressure on.

Ashton Hudson, Online Marketing Executive

ahudson@astonbond.co.uk

The Ministry of Sound takes on Spotify with Copyright Lawsuit

Posted on by Aston Bond Law Firm

It has been confirmed today that the UK based record label The Ministry of Sound has filed a lawsuit against online music streaming service Spotify for damages and the removal of playlists including its tracks.

This comes after the record label has repeatedly requested that Spotify, which was founded in Sweden in 2008, to remove playlist which included its tracks and thereby infringing copyright laws.

The record label claims that they had repeatedly requested that Spotify remove the playlists which featured songs using “Ministry of Sound” in their titles, however, Spotify did not comply with these request. Along with the request of these playlist being removed from the service The Ministry of Sound has also filled for damages and losses caused by the music streaming services refusal to remove the playlists.

But does Spotify have the responsibility to remove these playlist? In short, yes. Spotify are the only people able to remove playlist from its service, other than the individuals who created the original playlist. Furthermore, Spotify is a paid for service; this means that the users of this playlist may have been paying to listen to the music without the record label receiving any form of imbursement.

While Spotify did not speak regarding the lawsuit directly they did go onto say that over 1 billion playlist have been created by its users since its launch and that over 20 million tracks are available on its service. However, you could argue that this adds further fuel to the fire with this highlighting the financial gain being made from the music streaming service which currently has 24 million users; many of which pay a monthly subscription.

The outcome of the case is yet to be seen. However, the lawsuit is sure to go ahead with legal proceedings being launched this past Monday in the UK’s high court by The Ministry of Sound.

Ashton Hudson, Online Marketing Executive

ahudson@astonbond.co.uk

The Affects of Lender Cherry Picking in Conveyancing

Posted on by Aston Bond Law Firm

Many of the high street firms today suffer from the ruling powers of the lenders. As the local solicitors find it increasingly hard to obtain membership on to the lenders panels, many solicitors across the nation feel hard done by and argue that the lenders are “cherry picking” so to speak on who they would like on their panels.

Although this may seem unfair from the solicitor’s point of view, the other side of the coin is that the lenders are becoming ever more anxious and feel the necessary need to protect them from mortgage fraud and other illegal activities. Due to this worry the lenders are keeping their panels of approved solicitors to a minimum.

Is there any consistency that the lender has in their panel systems?

This alternatively means that the hard part is not yet complete, as even those firms who are currently on the panels are subject to even more conditions. These conditions can vary from having more than three or more partners in the practice or it could be that the lender decides that no work has been placed with them in a set time period, which leads to the lender removing the solicitors firm from their panel.

The solicitor’s main concern is that of their clients. If the client would like to use a certain firm they would first have to now check if that particular firm is on the lenders panel. If the solicitor firm is subsequently not this could lead to major financial blow to the high street firm’s conveyancing department. As more clients would vanish from the firm and be placed with those firms who are on the panels.

The law society has now offered a more practical solution to this increasing problem local solicitors are finding. They have now introduced the Conveyancing Quality Scheme (CQS).

But is this scheme to little too late for the local high street firms?

Once obtained the Conveyancing Quality Scheme shows a firm’s ability to show efficiency in the firm in the conveyancing department. It can be argued that surely an established well known local firm who have been incorporated for many years with an exceptional clientèle should not have to prove their worth by a certificate and fee. Exceptional, good and adequate conveyancing can be acquired by those firms are not on this scheme. This scheme which has been implemented by the law society is an action against the lenders and is seen as a long term solution.

However as more firms have now incorporated the Conveyancing Quality Scheme a question must be raised, will the lenders still cherry pick?

Vinesh Patel, Paralegal

vpatel@astonbond.co.uk

The Co-operative Introduce Online Solicitor Training Scheme

Posted on by Aston Bond Law Firm

A new scheme set up by the Co-operative Legal Services and the Manchester Metropolitan University will allow future lawyers to learn the art of being a lawyer through an online teaching system it was recently announced.

The new scheme along with the current apprenticeship scheme and university postgraduate programme will enable trainee solicitors to progress faster in their chosen area of law while still learning the skills needed to flourish in their career as a legal professional.

The new scheme will also use existing qualifications from CILEx and the Chartered Insurance Institute which will all work towards allowing trainee solicitors to further progress in their career as a legal professional.

However, this news is overshadowed by the recent news of a £3.4 million loss in the first half of this year for the Co-operative. The future of this scheme is unknown with it still being in its infancy; however, it does highlight a change in how people enter the legal sector.

Ashton Hudson, Online Marketing Executive

ahudson@astonbond.co.uk

Legal Services Consumer Panel Call for Single Regulator

Posted on by Aston Bond Law Firm

As the Ministry of Justice conduct an in-depth review of the current regulations of the legal system the Legal Services Consumer Panel have called for a single independent regulator to be set up for the entire legal sector.

This comes as the MOJ review the current legal system across the UK with the aim to simplify the current legal services regulations. However, the dramatic response from the Legal Services Consumer Panel highlights how consumers view the current regulatory system surrounding the UK legal sector.

The chair of the panel, Elisabeth Davis, went on to say that the current system isn’t delivering the outcomes consumers need, offering instead a confusing maze where consumers can find themselves in a dead end due to the gaps in redress and regulations.

Furthermore, the panel went on to say that regulators and ombudsman are unsure of which area they currently regulate.

Since this response the MOJ are under further pressure to scrap the current regulatory system. However, as the market becomes increasingly competitive many believe that scrapping the current system at this point may put consumers at further risk. However, if a new system is introduced it will see dramatic changes including the possible closure of regulatory bodies including the SRA and LSB. However, it may be seen as the best and only long-term option available in order stream line the system making it easier for consumers to make the right choices and in turn reducing the cost of legal services.

Ashton Hudson, Online Marketing Executive

ahudson@astonbond.co.uk

Capture your bounty like Elliot Ness

Posted on by Aston Bond Law Firm

Al Capone was once a well known crime figure and a leader among the American underworld. Back in the 1930’s he had a personal fortune of over $100 million dollars. After all his crimes he committed to reach the top he was eventually brought to justice by none other than Elliot Ness.  The only way to capture Al Capone was through his books and finally justice prevailed as he was caught evading tax.

When paying your taxes there is a very fine line between that of avoidance and evasion. Put rightly by our former Chancellor of Exchequer Denis Healey, who once said:

“The difference between tax avoidance and tax evasion is the thickness of a prison wall”.

Avoiding tax involves using legal methods, these methods can be as simple as planning a clients finances so that they are eligible to use the deductions and exemptions available to them to their full advantage.  Also other forms can include investing money every year into cash ISA accounts and bonds to reduce the amount of tax to pay.

However, avoiding tax must be distinguished from evading tax, this in turn is a criminal sanction. Tax evasion involves paying less tax than the law requires you to pay. This can be disguised in different ways such as declaring less income and profit. This is commonly known as being part of the informal economy and now new measures have been placed on this unreported income.

Complicated as it may sound, tax law is a very niche area of the law but also very necessary as there are only two certainties in life; death and taxes. If we can take any advice from our former Chancellor of Exchequer it is that we need to stay on the other side of the prison wall.

Vinesh Patel, Paralegal

vpatel@astonbond.co.uk 

 

Aston Bond’s Solicitors in Slough specialise in tax law and advice individuals and businesses across England and Wales on their taxes. If you would like to speak to one of our specialist tax law solicitors please call 01753 486 777 or email info@astonbond.co.uk. Alternatively, you can visit our offices at 135 High Street, Slough, Berkshire, SL1 1DN.

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