FAQs For Employment Law

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.

FAQs For Commercial Law

  • What is commercial conveyancing?
    • Commercial conveyancing involves the transfer of property used for business purposes, such as offices, retail spaces, industrial buildings, and land for development.
  • How does commercial conveyancing differ from residential conveyancing?
    • Commercial conveyancing is often more complex than residential conveyancing due to factors such as lease agreements, zoning laws, environmental regulations, and the involvement of corporate entities.
  • What is the role of a commercial solicitor?
    • A commercial solicitor handles the legal aspects of buying, selling, or leasing commercial property. This includes drafting contracts, conducting due diligence, handling negotiations, and ensuring compliance with all legal requirements.
  • What should I consider when buying commercial property?
    • Key considerations include locations, zoning regulations, property condition, lease agreements (if any), future development potential, and financial aspects such as purchase price, taxes, and potential return on investment.
  • What is due diligence in commercial property transactions?
    • Due diligence involves thoroughly investigating the property to uncover any potential legal, financial, or physical issues. This may include title searches, environmental assessments, building inspections, and reviewing existing leases or contracts.
  • How long does the commercial process take?
    • The duration can vary widely but typically takes between several weeks to a few months, depending on the complexity of the transaction and any issues that arise during due diligence. Factors such as financing arrangements, legal complexities, and negotiations can affect the timeline.
  • What documents are required to sell commercial property?
    • Required documents usually include the title deed, property information forms, lease agreements, planning permissions, building regulation certificates, and any warranties or guarantees related to the property.
  • What is an exchange of contracts?
    • The exchange of contracts is a critical stage in the conveyancing process where both parties sign and swap contracts, making the agreement legally binding. A deposit is typically paid at this stage. It solidifies the commitment of both parties to proceed with the transaction.
  • What is a commercial lease?
    • A commercial lease is a legally binding agreement between a landlord and a tenant outlining the terms and conditions for the rental of commercial property.
  • What should be included in a commercial lease agreement?
    • Key elements include the lease term, rent amount and payment terms, security deposit, maintenance responsibilities, permitted use of the property, and provisions for renewal or termination.
  • Can a commercial lease be modified?
    • Yes, a commercial lease can be modified, but any changes must be agreed upon by both parties and documented in writing.
  • What financing options are available for purchasing commercial property?
    • Financing options include commercial mortgages, business loans, and investor funding. The terms and availability of these options can vary based on the buyer’s financial situation and the property’s value. Some buyers may also consider lease-to-own arrangements or seller financing.
  • What are the tax implications of buying or selling commercial property?
    • Tax implications can include capital gains tax, property taxes, and potential VAT. It’s important to consult with a tax advisor to understand the specific tax obligations related to your transaction.
  • What is an environmental assessment?
    • An environmental assessment evaluates the potential environmental risks associated with a property, such as soil contamination, hazardous materials, and compliance with environmental regulations. This assessment helps identify any potential liabilities and necessary remediation efforts
  • What should I do if a dispute arises during the conveyancing process?
    • If a dispute arises, it’s important to seek legal advice immediately. Your conveyancer or solicitor can help negotiate a resolution or, if necessary, represent you in legal proceedings. Dispute resolution mechanisms may include mediation, arbitration, or court proceedings.
  • Can I terminate a commercial property contract?
    • Termination of a commercial property contract depends on the terms of the agreement. Usually, there are specific clauses outlining the conditions under which a contract can be terminated. Legal advice is essential in these situations to understand the implications and process for termination.
  • What happens after the completion of a commercial property transaction?
    • After completion, the buyer takes possession of the property, and the conveyancer ensures that all necessary documents are filed with the appropriate government agencies to register the change in ownership.
  • How do I handle ongoing property management?
    • Ongoing property management involves maintaining the property, ensuring compliance with lease terms, collecting rent, and handling any legal or tenant issues. Many owners hire property management companies to handle these responsibilities. Effective property management is crucial for maintaining property value and ensuring tenant satisfaction.

Shaping the Future: How the 2024 Summer Elections Could Transform Employment Law

On 22nd May 2024, Rishi Sunak made a statement outside Downing Street, announcing a general election will take place on 4th July 2024.

As the summer elections approach, employers and employees are keenly watching the potential shift in employment law that could follow. Here’s a look at some of the key changes the Labour Party and the Conservative Party aim to make.

The Labour Party, led by Keir Starmer, has promised to make their “New Deal for Working People” a central aspect of their plan for government if it wins the election.  Their key plans for this are likely to include the following:

  • Ban on zero-hour contracts and rights to regular, and secure, working hours;
  • More day one employment rights, including rights not to be unfair dismissed (currently there is a 2 year qualifying period in most cases);
  • Restrictions of “fire and re-hire” used by employers in the past;
  • Strengthen statutory sick pay;
  • New rights for unions to access workplaces;
  • Enhanced rights to flexible working;
  • Right to disconnect from work – preventing employers from contacting staff outside working hours;
  • Repeal of anti-strike laws;
  • Review of shared parental leave;
  • More regulation of AI; and
  • Replacing the UK’s three-part framework for employment rights with a simpler two-part framework with just workers and the self-employed.

It is reported that an employment bill has already been drafted and is waiting in the wings and Labour has stated they will begin the legislative process in the first 100 days (which means by 12th October 2024) although that could just mean the White Paper.

The Conservative Party, led by Rishi Sunak, has so far stated very little about their plans for employment law, but it is safe to assume that the aim will be deregulatory, due to their emphasis on “smarter regulation to grow the economy”. Their key plans for employment law are likely to include the following:

  • Re-introduce employment tribunal fees;
  • A cap on the duration of non-complete clauses in employment contracts; and
  • Provision of enhanced paternity leave for fathers whose partner dies in childbirth.

It is unclear what will happen with the Workers Act 2023, which gives employees a right to request a more predictable contract. This Act was due to come into force in Autumn 2024 and has already made its way onto the statute book, however, it requires further regulations to flesh out the details of the new rights and bring them to force.

The 2024 summer general elections hold the potential to bring about significant changes in employment law. While the Labour Party aims to enhance employee rights, the Conservative Party aims to foster economic growth through deregulation. The outcome of this election will determine the direction of employment law, influencing the working conditions of millions across the country as well as the economic future of many businesses throughout the UK.  So, your vote really will count and we encourage everyone to have their say.

Voting can be done in person at the polling stations of 4th July 2024 between 7am and 10pm. Make sure you take valid photo ID. Once voting closes at 10pm, an exit poll will be announced. This is a survey of in-person voters taken at a sample of approximately 150 constituencies in the UK.  

Alternatively, you can vote by post if getting to a polling station is difficult for you.  The government are encouraging all those who wish to do so, to apply as soon as possible to ensure applications are dealt with in plenty of time. 

To apply to vote by post, simply visit https://www.gov.uk/apply-postal-vote

Probate: The Benefits of Instructing a Solicitor

Firstly, what is probate? Well, probate is Latin for ‘to prove’, and in modern day English, it is the process of proving the Will. In other words, it is the legal and financial process of dealing with someone’s money, house and possessions when they die.

Dealing with the death of a loved one can be extremely distressing and overwhelming, especially if it is the first time that you have experienced a bereavement.

If you are a personal representative in charge of dealing with an estate, this can come with a lot of responsibility which you may not feel up to when grieving the loss of someone close.

This is why many people choose to instruct a firm of solicitors to take care of these responsibilities for them. It also ensures that everything is carried out accurately, legally and correctly.

What probate services can we offer?

We obtain accurate date of death figures for each asset and liability that the deceased owned at the date of their death and use it to obtain a Grant of Representation, if required (a Grant of Probate when there is a Will or a Grant of Letters of Administration if there is no Will). For smaller estates, a short probate application will suffice, but for larger estates, you may require a full account to be submitted to HMRC which can be a daunting process to tackle on your own.  

With our probate clients, we always ask how much work we should take on in terms of the administration of the estate. Our service is not one-size-fits all, so instructing us as your solicitor does not mean that we must do everything. Although we can provide a full service, it is up to our client as to how much work we carry out. We can be as involved or uninvolved as you’d like us to be.

Please contact our private client team for a free initial consultation to discuss probate should you require our assistance.

Jargon Buster:

Executor: The person/people named in a Will who is responsible for dealing with the administration of the estate.

Administrator: The person/people responsible for dealing with the administration of the estate when there is no Will.

Personal Representative: A blanket term for Executor or administrator.

Grant of Probate: A legal document which confirms that the Executors of a Will have the authority to deal with the deceased’s assets. This will be required to sell the deceased’s property and some financial organisations require this to encash the funds, depending on the amount of money held in the account.

Grant of Letters of Administration: As above, but when there is no Will. It confirms that the administrators have authority to deal with the estate.

Grant of Representation: A blanket terms for Grant of Probate or Grant of Letters of Administration.

Understanding Divorce

Navigating the complexities of the divorce process can be overwhelming, especially if you’re finding it difficult to understand the legalities and procedural nuances. However, understanding the different types of divorces available in the UK can help make this journey easier, providing clarity and direction during a hard time.

In the UK, the divorce process has significantly changed with the introduction of the Divorce, Dissolution, and Separation Act 2020, which came into effect in April 2022. This new law has introduced the concept of “no-fault” divorce, aiming to simplify the process.

Beyond this significant change, there are several types of divorce processes available, each suited to different situations and needs.

The “no-fault” divorce is a new legislation which gives couples the chance to divorce without any party blaming the other. The aim of this law is to reduce conflict and make the process as seamless as possible. You can apply for a divorce either alone or with your partner, by simply stating that the marriage has irretrievably broken down, and there is no need to present any evidence of misdeeds. There is a mandatory minimum period of 20 weeks between the start of the proceedings and the application for a conditional order, followed by a further 6 weeks before the final order can be granted.

While the “no-fault” legislation has become the default, it is still possible for one party to contest the divorce, although this happens quite rarely now. This process is referred to as a “contested” divorce, and it occurs when one party disagrees with the divorce, or the terms proposed. This can lead to a court hearing where a judge will decide the outcome of the matter.

On the other hand, if both parties agree on the divorce, and the terms proposed, the process is referred to as an “uncontested” divorce. Since there is mutual consent and understanding, the process tends to be straightforward, involving filing the necessary paperwork and obtaining the final order without the need for a court hearing.

A “dissolution of civil partnership” is like divorce, but for civil partners. The process is similar to that of a marriage and can be initiated by one or both parties. This process follows the “no-fault” principle and can be initiated by one or both parties, as long as it’s stated that the partnership has irretrievably broken down.

Another type of divorce is called an “annulment”. This is a legal procedure that declares a marriage null and void, as if it never existed. This is, however, only acceptable on certain grounds where the marriage wasn’t legally valid. For instance, if one partner was already married, or the marriage wasn’t consummated. Moreover, unlike divorce, an annulment can be sought at any time.

An alternative to divorce is called a “judicial separation”. This is for couples who don’t wish to end their marriage but want to live apart and formalise their separation. The way this works is one party applies for a judicial separation by citing one of the five facts that previously supported a divorce. These would be: one of the parties committed adultery, unreasonable behaviour, desertion, or there was a two-year separation with consent, or five-year separation without consent.

Ultimately, understanding the different types of divorce can help you choose the best path. It is important to consider your specific needs and circumstances, as each type of divorce offers distinct processes. With any divorce, choosing a lawyer you can trust and rely on will make the whole process easier and less stressful. Aston Bond’s family lawyer has all the experience you’ll need to feel confident and supported throughout the process. Don’t hesitate to contact us on 01753 486 777 or email us at info@astonbond.co.uk.

Empowering your Future: The Essentials to Lasting Power of Attorney

Lasting Powers of Attorney (LPAs) are legal documents which allow you, as the ‘donor’, to appoint one or more people, to act as your ‘attorneys’, to assist you in making decisions or make decisions on your behalf should in the future you be unable to do so yourself.

There are two types of LPA, and you can choose to make one or both, although most people put both in place to maximise their powers and protection.

  1. LPA for Property and Financial Affairs – these covers decisions such as:
  2. Looking after and paying your bills
  3. Managing your bank accounts and investments
  4. Buying, selling, or maintaining your home

The LPA for Property and Financial Affairs gives you the option to also allow your attorneys to act on your behalf with your consent while you still have capacity, should you wish. This could be helpful in circumstances whereby you are perhaps out of the country on holiday or simply unwell and require assistance but still have mental capacity.

  • LPA for Health and Welfare – these covers decisions such as:
  • Where you live
  • Daily routine
  • Medical care
  • Life sustaining treatment

The LPA for Health and Welfare can ONLY be used should you lose capacity and be unable to make decisions anymore.

Why should you put LPAs in place?

LPAs are designed to extend your powers rather than limit or give them away. With rising cases of dementia in the UK and other common illnesses such as cancer they enable you to plan effectively for the future and choose people you trust to make decisions for you.

Having an LPA can avoid conflicts among family members about who should make decisions on your behalf, and what that decision should be. Different opinions on what course of action to take can lead to disagreements during an already stressful time. An LPA would explicitly state who your trusted attorneys are and your wishes providing clear guidance.

What could happen if you don’t make an LPA?

If you don’t make an LPA, you will not be able to decide who makes decisions for you should you lose capacity. This means that your loved ones might be excluded from making important decisions on your behalf.

Additionally, your family or friends may have to apply to the Court of Protection for a Deputyship Order to be able to make decisions on your behalf. A very costly and time-consuming process for all involved.

Our team at Aston Bond is experienced in handling Lasting Power of Attorney applications and can assist you throughout the whole process. Please do not hesitate to call us today on 01753 486777 or email us on info@astonbond.co.uk to arrange a meeting to discuss your requirements.

For your information, we prepare Lasting Powers of Attorney on a fixed fee basis. Please see below for our costs:

  • Individual Lasting Power of Attorney X 1 (Finance & Property OR Health & Welfare) – £500.00 + VAT
  • Individual Lasting Power of Attorney X 2 (Finance & Property AND Health & Welfare) – £600.00 + VAT
  • Couples Lasting Power of Attorney X 1 (Finance & Property OR Health & Welfare) – £600.00 + VAT
  • Couples Lasting Power of Attorney X 2 (Finance & Property AND Health & Welfare) – £750.00 + VAT

There is also a further registration fee of £82.00 per application for registering the documents with the government body that manages LPAs The Office of the Public Guardian. The documents must be registered before they can be used.

There is also an additional one-off charge for fixed fee Lasting Power of Attorney files to cover our case management, archiving, and administration fees. This is £45.00 + VAT. There are no ongoing annual charges for these services, and we also offer to store your original Lasting Power of Attorney documents without any additional charge!

How Workplace Movement Boosts Mental Health

Mental Health Awareness Week is here, and this year’s theme is moving more for our mental health. One of the most important things we can do for our mind is move. Our bodies and mind are intertwined, so regular physical activity would not only improve your mental wellbeing but also help prevent issues such as heart disease, diabetes, and so much more. Regular exercise can offer an outlet for all your frustrations and stress, improving your sense of control and elevating your energy levels. Keeping active doesn’t always have to be intensive exercise and playing sports, putting on your favourite music and dancing could go a long way in making a difference in terms of improving your mood and thinking patterns.

Maintaining your mental health is especially important in the workplace. According to BMC Public Health, office workers spend up to 80% of their time sitting down, leading to poor physical health, and undermining mental well-being.  Luckily, there are several approaches companies can take to promote movement and mental well-being.

For instance, employers could educate employees on the importance of physical activity. This could include implementing workshops to enhance morale and team building or providing staff with educational resources to improve employee health awareness. Employees appreciate employers who invest in their health and well-being, so this would be exceptionally beneficial as it would lead to increased mental well-being and, therefore, happier staff and productivity in the workplace.  

Organising regular group activities has multiple benefits too.  Small activity-challenges can be incorporated into a competition which helps team building as well as befits health.  Another option could be organising a lunchtime walk for staff members or encouraging “walking meetings” which can improve innovation and open communication, especially for managers who spend a lot of time in meetings.  Regular group activities at work can offer an opportunity to socialise, creating a sense of community within the workplace, and, in time, reduce stress and lead to a healthy mind.  Standing desks, cycle to work schemes or and even posters reminding staff to move can all help as well.

As Mental Health Awareness Week emphasises the importance of movement for our well-being, it’s evident that staying active has it’s benefits for both our bodies and our minds.

Unlocking the Doors to Professional Growth: A Student’s Perspective on Interning with us!

Working at Aston Bond has been an incredible experience. I was welcomed into the office with a level of professionalism and attention that really made a lasting impression on me. The chance to work in a variety of different sectors at the firm was one of the most amazing aspects of this experience. I was able to gain practical experience in a range of legal processes, whether it was through document drafting, case reading or legal research.

I learnt a lot of useful skills and gained extensive knowledge while working at Aston Bond. I had the opportunity to work alongside experienced professionals who were always willing to share their experiences. I gained knowledge in how to critically evaluate and analyse complicated legal matters, and effectively communicate. These abilities have improved my academic endeavours and will be beneficial to me in my future legal career.

The firm made this experience very comfortable for me by the supportive and collaborative environment. Working closely with a diverse and talented team allowed me to develop professionally and I was able to broaden my knowledge and gain a deeper understanding of the legal industry.

Overall, I had an incredible experience working at Aston Bond. It gave me useful experience, insightful knowledge, and a greater understanding of the path I intend to take in the future of my legal career. I am grateful for the opportunity that was given to me, and I would like to thank everyone here for the experience.

By Riqayya Hussain

At Aston Bond, we offer an extensive work experience program designed to give aspiring professionals a direct insight into our dynamic industry. To apply, simply send your CV and cover letter to imardarescu@astonbond.co.uk. Please ensure that your cover letter also includes your desired dates of participation. We can’t wait to welcome students to our team!

Choosing your Legal Ally

In today’s fast-paced world, the legal landscape is growing alongside advancements in technology and changing client preferences. When facing legal matters, one of the most important decisions clients need to make is who to seek guidance from, whether it’s with an online solicitor or a local solicitor. Both options come with their own set of benefits and limitations, influencing how legal services are obtained and provided in today’s contemporary society.

Today, we explore into the dynamic comparisons between the two. Whether this is your first legal journey or you’re considering new legal representation, understanding the two approaches can allow you to make an informed decision.

Here, we navigate the complexities of choosing your legal ally, comparing the accessibility of online solicitors with the personalised expertise of local solicitors.

Online Solicitors Local Solicitors
Strengths -Easy Communication
Online solicitors communicate through various digital platforms which means you can get advice from anywhere with internet.

-Lower Client Fees
Because online solicitors have lower overhead costs, they can charge lower fees for their clients.

-Immediate Communication
Due to online platforms allowing quicker communication through emails, messaging, and video calls, you can collaborate with your online solicitor much more efficiently.

-Specialisation
Online solicitors may offer expertise in niche areas.

-Flexible
Because everything is online, you can manage your legal affairs at your own pace.

















-Personalised Service
Local solicitors offer more tailored advice as they get to know each client individually and build strong relationships with each client.

-In-depth Knowledge of Local Laws
Local solicitors have a much deeper understanding of regional laws and regulations for the areas they are based in, which means they can provide a more valuable insight.

-Offer Face-to-Face Consultations
Offering in-person meetings means that there will be clearer, enhanced communication, introducing the element of trust, which is essential for solicitor-client relationships.

-Community Connections
Local solicitors are often well-connected within their community, which is beneficial because it grants access to resources and knowledge of local practices.

-Flexible
Local firms are staying current with technology by incorporating video call meetings, as well as in-person consultations, so there isn’t always the need to travel to the office.

-Courtroom Experience
Local solicitors may have more experience with local courts, and would, therefore, better understand the procedures, improving their ability to represent clients effectively.
Weaknesses-Limited Personal Interactions
Because online solicitors lack face-to-face meetings, it is harder for them to build rapport and gain trust from their clients.

-Communication Challenges
Being based solely online could be challenging as sometimes technology might not always be reliable and can cause delays or misunderstandings. It is also harder for elderly clients to use technology.

-Potential Security Risks
Sending sensitive legal documents could have some privacy concerns as you might not trust the person you are sending it to.

-Limited Local Knowledge
Online solicitors might lack familiarity with local laws and regulations, which could impact the quality of advice you receive.

-Difficult in Complex Cases
Some complex cases may require extensive collaboration, which might be challenging to achieve solely online.
-Higher Client Fees
Because local solicitors have higher overhead costs, they may charge their client higher fees.

-Limited Specialisation
Some local solicitors may lack specialised expertise, particularly in niche areas, which limits the quality of advice.

-Potential for Delays
Local solicitors often have busy schedules and caseloads, which can impact case progression.

-Dependency on Reputation
The reputation and track record of local solicitors may vary, which just means you need to research the firm carefully before you decide who to use.





When weighing the pros and cons of online versus local solicitors, it is clear that both offer unique experiences. Ultimately, the choice depends on the nature of the legal matter, your personal preferences, and the level of personal interaction and expertise desired.

If you need any assistance with a quote or query, don’t hesitate to contact Aston Bond on 01753 486 777!

What is the Right to Disconnect? Exploring boundaries in the Digital Age

In a world dominated by constant connectivity and technology, the lines between work and personal life have blurred. This is especially due to the rise of remote work as a result of the pandemic.

Many workers found themselves at home, answering emails and scheduling work calls many hours after their normal working day had ended.  This caused employees to have less time to unwind and de-stress, ultimately leading to less sleep.

This ever-growing phenomenon has led the Labour party to consider “The Right to Disconnect”, a proposal that allows employees to detach from work outside of their regular contracted hours.

This would mean that once an employee has finished their shift or regular working hours, they should not receive or respond to any calls, emails, or messages that are work-related.  The proposed Bill would actively restrict employers from contacting employees outside of their contracted hours.

At this stage there are no details given so it is unclear whether this will be a strict rule or whether certain exceptions would be in-built into the legislation.  Employers are hopeful that there will be sensible rules allowing contact if there is a real need, especially for senior employees who might need to be available outside of working hours.

The Labour Party has however emphasised the pressing need to define the boundary between personal time and work in our digitally overwhelmed age.

Moving forward, maintaining a balance that respects both professional responsibilities and personal boundaries will be key to encouraging a healthier and sustainable workplace culture.