Martin Kaye Solicitors – Telford - Shropshire

Companies could benefit from a huge boost in business thanks to the upcoming World Cup – but failing to get their workplace policies in order could see them scoring an own goal.

That’s the warning from John Mehtam, the Employment Law specialist at Martin-Kaye Solicitors, in Telford.

“According to the British Retail Consortium, the arrival of a World Cup can generate up to £1.25 billion in extra spending across the retail sector in Britain. But away from the High Street, it can also have a damaging impact on company productivity as staff seek to book extra holiday, or call in sick, so they can watch the big games – or recover from a late night of celebrations.”

Mr Mehtam said as the competition was being held in Russia this year, the time difference meant that many of the matches would be kicking off in the middle of the working day.

“This could be a real issue for many businesses, and with England’s group matches in the evenings and at weekends, shift workers could be affected too, so it’s important for managers to make sure they have rigorous policies in place, and that they are communicated clearly to all staff.

“Flexibility on the part of both employers, and their employees is key to maintaining a productive business, and a happy, motivated workforce. To achieve this, it is important for Shropshire managers to have agreements in place regarding issues like time off, sickness absence, or even time spent watching TV and monitoring social media.

“A more flexible approach is not always possible for some businesses – if England do well, momentum for merchandise will undoubtedly build in the shops and pubs, and employers will need all the staff they can muster. In these instances, it is vital that all requests for time off are dealt with fairly, and consistently.

“It’s also important to remember that not everyone likes football – there could be resentment from non-fans if they feel staff are being given special treatment which is not afforded to workers during other sporting events.”

Mr Mehtam said employers needed to make the right decisions for their own individual business.

“Being flexible will help to motivate and engage workers, but you still need to keep your customers happy. The vast majority of workers will understand this, but they must also be reminded that any unauthorised absence, suspicious working patterns, or evidence of turning up worse for wear after the previous evening’s excesses, could result in more than just a yellow card. It could lead to formal disciplinary proceedings.”

Employers are facing an avalanche of claims following the Government’s decision to abolish tribunal fees – but a Shropshire law firm has the answers company bosses need.

Martin-Kaye Solicitors, in Euston Way, Telford, is hosting an interactive employment advice seminar that will see them share invaluable information to help employers protect their business from escalating claims.

The Top 10 Blunders seminar will take place at Martin-Kaye’s offices on Thursday, July 12, at 12pm, and will be hosted by the firm’s employment law specialist, John Mehtam.

“Our presentations are always extremely popular wherever we hold them across Shropshire, Wales and the wider West Midlands, and this event is an opportunity for local companies to find out just how valuable the right advice can be.

“Statistically the number of claims now being lodged through employment tribunals is increasing at an unprecedented rate – in fact there has been a 500% rise since the fees that employees needed to pay to bring a claim were abolished.

“And with the avalanche of claims we’re seeing, some employees are bringing claims that stand little chance of succeeding, but employers have to take them all seriously and you need to be sure you’re complying with all the relevant legislation.”

Mr Mehtam said he would be sharing his advice to help businesses navigate through the increasingly-complicated minefield of employment law, and to help them avoid the most common pitfalls.

“We will include suggestions on how to tackle some of the most common workplace and HR issues including sickness absence, dismissals and poor employee performance – and perhaps more importantly, we will look at how to avoid these situations and how to protect your business.

“At Martin-Kaye, we’re committed to delivering effective and appropriate advice that really does make a difference to our employers, and our short sharp seminars are designed to get right to the point.

“With employers short on time, it’s almost impossible to keep up-to-date with ever-changing legislation, so our seminars offer clear, concise information in a time frame that suits our busy delegates.”

Businesses who would like to attend the seminar should contact Maria Smallcombe on 01952 272222 or email mariasmallcombe@martinkaye.co.uk

Pic:Martin-Kaye’s Employment Law Specialist John Mehtam who will be presenting the Top 10 Blunders seminar at the firm’s Telford office

A Telford law firm has appointed a new marketing specialist as part of its campaign to reach new clients across the UK.

Maria Smallcombe has joined Martin-Kaye Solicitors at their head office, in Euston Way, and she will be working closely with senior partner Graham Davies and his team to boost the firm’s profile.

She said: “I’m really looking forward to applying my marketing skills to a professional services environment as that’s a first for me, and it’s very interesting to see how the legal profession operates.

“I have worked in marketing for 20 years in a variety of areas including manufacturing, education, the arts, healthcare and IT, in both the public and private sectors. Now I’m enjoying the challenge of using my knowledge and experience to help Martin-Kaye to build on the strong reputation they already have, and being part of the team that develops strategies to attract new clients.”

Maria graduated from the University of Wolverhampton and initially worked in the travel sector before choosing to make marketing her career.

Graham Davies said: “At Martin-Kaye, we are always keen to continuously develop our strategies and to fine-tune our approach when it comes to finding new clients both close to home and further afield.

“It’s great to see Maria’s skills from her previous roles being used in a legal setting, and we’re keen to explore the fresh and innovative ideas she has to maximise our opportunities for new business.”

As well as offering general marketing support, Maria will also be involved in the organisation and administration of seminars, workshops and presentations – in particular, the popular Top 10 Tips and Blunders sessions presented by the firm’s employment law team to audiences all over the UK.

Pic:Maria Smallcombe joins the Martin-Kaye team in Telford

A Telford solicitor has backed a campaign urging families to prepare for their later years to help avoid a possible dementia crisis.

Fiona Mainwaring, of Martin-Kaye Solicitors in Euston Way, said a report published by the Solicitors for the Elderly organisation warned that the UK was “sleep-walking” towards a dementia disaster.

“Around 12 million people in the UK who are at high risk of losing mental capacity have made no provision whatsoever for their future. This means millions of people have not planned ahead to ensure their wishes are followed and yet it’s very simple to do – you need to take professional advice and make a lasting power of attorney (LPA).

“The person you appoint will ensure that your wishes are followed if you cannot make decisions for yourself about your health, your financial affairs and about any ongoing care needs you may have.”

Mrs Mainwaring said a coalition of partners including AgeUK and the Alzheimer’s Society had been set up amid warnings of a looming “incapacity crisis”.

The Solicitors for the Elderly report, which was published in conjunction with the Centre for Future Studies, said research showed that 12.8 million people over the age of 65 run the risk of developing dementia.

“And yet, there are only 928,000 LPAs currently registered – by 2025, around 13.2 million people will be at risk but only 2.2 million LPAs are expected to be in place. It’s clear that the situation is untenable and it’s vital that more people plan ahead because otherwise, the UK care system will be overwhelmed and millions of people will lose their chance to shape their own future.

“Start a positive conversation with your family and friends about your future welfare, and seek out a family law solicitor to find out how to put a plan in place. This will make the decision-making process much easier for everyone.”

Charity director at AgeUK, Caroline Abrahams, agreed saying it was advisable to set up an LPA well in advance.

“You can specify what decisions you are happy for your attorney to make on your behalf, and you can also choose more than one attorney who could be a family member, a friend, spouse, partner or civil partner, or a professional adviser such as a solicitor.”

Lawyers from a Telford firm have joined forces with a network of city-based barristers to offer a fresh approach to family disputes.

The family law team at Martin-Kaye Solicitors, in Euston Way, Telford, is working with experts in Birmingham, to develop an arbitration scheme that could speed up difficult cases.

Gemma Himsworth, who leads the Martin-Kaye family division, said she and her colleague Jane Tinsley were in talks with some of the city’s top barristers.

“Arbitration is a little-known option for family disputes, but it’s something that we believe could be increasingly useful – particularly in the current climate when the court system is struggling and creating huge delays.

“There is of course no such thing as a quickie divorce, but the arbitration option is definitely something that could help ease the pressure on the legal system and help resolve family issues in a shorter time.”

Mrs Himsworth said divorce itself was a relatively straightforward process, as long as those involved had someone to assist with the correct paperwork.

“But the divorce doesn’t deal with the finances such as dividing up the house, business, income, and other assets – this is the part that often takes the longest time and costs the most money.

“We already regularly refer clients to mediation, but if the case can’t be resolved that way, traditionally the only other option has been for both parties to go to court.

“Now, thanks to our discussions with Birmingham-based barristers, we can suggest arbitration where both sides jointly appoint a fair and impartial family arbitrator to resolve the dispute.

“It’s a flexible and completely confidential process, but the huge advantage over something like mediation is that it results in a final decision – if both sides still can’t agree after arbitration, the arbitrator will make a decision for you.”

Mrs Himsworth said the arbitration process did come at a cost as the arbitrator had to be paid, but it often still led to cost savings because it led to a faster decision, potentially cutting down on the amount of time people had to maintain two households and two mortgages.

More than 50 employers took the opportunity to find out how to protect their business from escalating tribunal claims at a Telford seminar.

The event was hosted by Martin-Kaye Solicitors at their offices in Euston Way, and the aim was to help employers recognise the top ten employment law blunders that companies commit, and the best way to avoid them.

John Mehtam, who is Martin-Kaye’s employment law specialist, led the seminar, and said there had been an excellent turnout, with a good mix of businesses from all kinds of sectors.

“We were delighted to welcome so many employers to our free event, and it was great to see many new faces from the local area who were all keen to take advantage of our advice. Employers are now facing an avalanche of claims following the Government’s decision to abolish tribunal fees, and our seminar was designed to help them learn more about protecting their business.

“Our presentations are always extremely popular wherever we hold them across Shropshire, Wales and the wider West Midlands, and this event in particular was a great success.

“Statistically the number of claims now being lodged through employment tribunals is increasing at an unprecedented rate – in fact there has been a 500% rise since the fees that employees needed to pay to bring a claim were abolished.

“And with the avalanche of claims we’re seeing, some employees are bringing claims that stand little chance of succeeding, but employers have to take them all seriously and you need to be sure you’re complying with all the relevant legislation.”

Mr Mehtam said during the event he shared advice to help businesses navigate through the increasingly-complicated minefield of employment law, and to help them avoid the most common pitfalls.

“We included suggestions on how to tackle some of the most common workplace and HR issues including sickness absence, dismissals and poor employee performance – and perhaps more importantly, we looked at how to avoid these situations and how to protect your business.

“With employers short on time, it’s almost impossible to keep up-to-date with ever-changing legislation, so our seminars offer clear, concise information in a time frame that suits our busy delegates.”

Pic: Martin-Kaye’s Employment Law Specialist John Mehtam who presented the Top 10 Blunders seminar at the firm’s Telford office

A Shropshire lawyer has warned divorcing couples that they must prepare their petitions carefully after a landmark ruling by the supreme court.

Gemma Himsworth leads the family law team at Martin-Kaye Solicitors, in Euston Way, Telford, and her warning follows the high profile divorce case where a wife must now stay married to her husband until 2020 at the earliest.

“The wife wanted to divorce her husband after 40 years of marriage, but the supreme court decided to rule against her. She will now face the prospect of staying married to her husband until 2020 at the earliest because the husband won’t consent to the divorce, and the court decided she hadn’t been able to prove his unreasonable behaviour.

“This is a shocking case, and one that most people will be surprised by, but it’s a clear demonstration that couples must draft their divorce petitions carefully and pay great attention to the smallest of details.”

Mrs Himsworth said five judges had upheld the rulings of a family court and the court of appeal that Tini Owens must stay married to Hugh Owens. Tini says her marriage to Hugh, who is in his 80s, is loveless and broken down. She said he had behaved unreasonably and that she should be allowed to end her marriage.

Her husband though has refused to agree to a divorce and denies her allegations about his behaviour, saying if their marriage had irretrievably broken down it was because she had an affair, or because she was “bored”.

“Some of the judges on the panel said they were troubled by the case and the decision they had made, but that it was not for judges to change the law,” said Mrs Himsworth. “The court said that Mrs Owens would be able to divorce in 2020, when the couple will have been separated for five years. But clearly this case is an indicator that the law needs to change as divorce laws in England and Wales date back almost 50 years.

“Surveys have shown that couples are being forced into uncomfortable courtroom battles to establish who caused the relationship breakdown. There is no option for couples to opt for a no-fault divorce, and this is leading to unnecessary and unsuccessful court action like the Owens case which can be painful for everyone involved.”

Mrs Himsworth is a member of Resolution, the national family lawyers’ association, which has recognised the need for a change in the law for many years and whose members have long campaigned for the law to be updated.

“It’s not right that couples should feel cornered and pressured into defending themselves in a divorce fearing they will get a worse result when it comes to their children or money. Now is the time to stop blaming each other and work together for a more peaceful resolution.”

Shropshire employers could reduce staff sickness rates by introducing simple hygiene rules, according to a local solicitor.

Gemma Workman is an employment lawyer at Martin-Kaye Solicitors, in Telford, and she said surveys had revealed mixed results when it came to the number of days that employees were calling in sick.

“The Office for National Statistics has unveiled its latest data that shows approximately 137.3 million working days were lost to illness or injury in 2016.

“That’s the lowest rate since their records began over 20 years ago and it averages out at 4.3 days per worker. Yet other surveys have shown sickness rates are rising – an XpertHR poll of over 1.6 million employees showed the annual average was 6.6 days.”

Miss Workman said the ONS figures showed that one in every four days that staff stayed at home was down to a cough, cold or similar bug.

“Their survey also noted that manual workers were 17% less likely to call in sick due to colds, stomach aches and headaches than people who worked in offices. But back pain was, perhaps unsurprisingly, more common for people who had a physical job.”

Miss Workman said stepping up workplace hygiene could have a real impact on sickness rates, in particular, the use of sanitising hand gels.

“Some studies have shown that when the gels are available, the number of sick days falls – in Germany, colds and flu were 5% to 7% less in workforces where people used the gels five times a day.

“Even just making the gels available in prominent locations across your workplace will make people think more about hygiene, and you could also put up posters to encourage staff to wash their hands properly.

“It’s horrifying to think that 62% of men and 40% of women don’t wash their hands after going to the toilet, and it’s also no wonder that germs spread so easily when you look at those figures.

“Taking hygiene seriously could have a really positive effect on both the wellbeing of your staff and on the productivity and finances of your business. Reducing staff sick days will save on the expense of lost staff time, and also the cost of bringing in extra staff to cover for their absence.”

Employers from all over Shropshire will have the opportunity to seek expert legal advice in their lunch hour thanks to a local law firm.

Martin-Kaye Solicitors, in Euston Way, Telford, is launching a series of Employer Clinics aimed at busy companies who are pressed for time during the working day.

The one-to-one sessions will take place through September and October, and employers and HR managers will get the chance to meet up with one of Martin-Kaye’s experienced employment law solicitors to discuss any issues their company is facing.

The Martin-Kaye employment team is offering a free first appointment (lasting around 20 minutes) where companies can explain any issues and receive advice on what to do next.

Appointments will take place between 1pm and 2pm, with the timings scheduled specifically to avoid the busiest hours of the working day.

John Mehtam, who leads the employment law team, said: “At Martin-Kaye, we’re committed to delivering effective and appropriate advice that really does make a difference to local companies.

“With employers short on time, it’s almost impossible to keep up-to-date with ever-changing legislation, so these sessions will give companies direct access to our experienced team, and we can get right to the point with some practical advice.

“It’s a similar approach to the employment law seminars that we run, where we offer clear, concise information in a time frame that suits our busy delegates. These short sharp sessions are the perfect way for busy companies to find out all about the latest developments in employment law.”

Mr Mehtam said so far, clinics had been planned for September 21, September 28, and October 5 – all at the Martin-Kaye offices in Telford.

“We’re looking for companies to sign up for the clinics and would like to hear from any business who feels they may benefit from some professional legal advice.”

The clinics are open to employers from all sectors and the topics up for discussion are likely to include some of the most common workplace and HR issues including sickness absence, dismissals and poor employee performance.

To book an appointment call Andrea Henley at Martin-Kaye on 01952 566920 or email andreahenley@martinkaye.co.uk

Cohabiting couples in Shropshire must not believe in the urban myth that by living together they will receive the same status as married couples.

Gemma Himsworth, who leads the family law team at Martin-Kaye Solicitors, in Telford, is backing a national campaign to ask the government to change the law on cohabitation to bring it into the 21st century.

"As the law stands right now, there is no such thing as a common-law husband or wife, and couples who live together do not automatically have the same rights as a married couple or those in a civil partnership. But it’s time for change – and a coalition of legal organisations is calling on the government to take action.”

Mrs Himsworth is a member of Resolution, a national organisation of family lawyers and other professionals who promote a non-confrontational approach to family problems.

“As an organisation, Resolution has joined forces with a wide range of other legal groups from across the UK to urge the government to review and change the rules on cohabiting to give couples – at the very least – basic legal protection.

“In England and Wales, currently one in eight adults is cohabiting, and that figure has steadily increased since 2002. But surveys have shown as many as two in three cohabiting couples are unaware there is no such thing as common law marriage in England and Wales.

“These couples think they have the same legal and financial rights and protections as married couples, but it’s just not the case.”

Mrs Himsworth said this lack of understanding could lead to significant problems if the relationship ends, or if one of the partners dies.

“It’s never clear from one case to the next whether the courts are going to allow a deceased person’s estate to pass on to a surviving cohabiting partner – even if they effectively lived together as husband and wife – so the situation certainly needs clarifying.

“Of course, the trauma of taking cases such as this through the courts can be easily avoided if couples who live together without being married ensure they have all the appropriate cohabitation agreements in place outlining who owns property, how bills are divided, and they prepare up-to-date wills.

“The last thing anyone wants to do, when they are dealing with the loss of a partner, is to find themselves facing what is bound to be an emotionally exhausting – and potentially expensive – legal battle.

“It’s no good assuming that just because you live with someone that they will automatically inherit after your death – for now, the system just doesn’t work like that.”

Shropshire firms who are struggling with late payments should consider changing their terms and conditions to avoid the issue.

Andrew Oranjuik from Martin-Kaye Solicitors, in Telford, said a survey of 3000 SMEs in eleven countries had revealed that UK firms are the worst affected by late payments.

“The survey showed that almost one in five of all invoices paid to small companies are late, and around 10% of the invoices become bad debts. To make matters worse, not only are small firms battling with late payment but they also spend an average of 15 days a year chasing up the money they are owed.”

Mr Oranjuik said another survey had shown that SMEs in the UK were paid on average 18 days late, compared to nine days in the rest of Europe.

“It’s a very difficult situation because some SMEs may feel awkward about chasing up outstanding accounts – maybe you don’t want to jeopardise your relationship with the client, or maybe you simply don’t have the time or capacity to do it. But there are steps you can take that could help resolve the issue without the need to resort to tough tactics.”

Mr Oranjuik said some companies offered incentives to encourage customers to pay quickly.

“You could donate a small percentage of the balance to charity, or offer discounts to customers who settle their bill within seven days rather than the recognised term of 30 days. But this is a risk of course because clients who pay on time may find out and could demand discounts too. And why should you take a financial hit because your clients can’t pay on time?

“So think logically about how to make it easier for customers to pay on time – start by making it as simple as possible for them to make a payment, and ensure you send your invoice to the right person.

“And have you considered reducing your terms of payment? 30 days has been the accepted timeframe for a long time, but given that invoices and banking are now often electronic, it’s possible to speed up the process.

“Try reducing your terms to 14 days – the customers who tend to pay later than 30 days may still pay late, but if they pay their bill before 30 days then at least your cash flow will have improved.”

A team of Shropshire employment law experts are set to share their knowledge with an even wider audience thanks to their latest event.

The lawyers from Martin-Kaye Solicitors, in Telford, are hosting an interactive employment advice seminar that will see them share invaluable information to help employers protect their business from escalating employment tribunal claims.

The Top 10 Blunders seminar will take place at Shrewsbury Town FC on Thursday, October 4, at 12pm, and will be hosted by the firm’s employment law specialist, John Mehtam.

“Our presentations are always extremely popular wherever we hold them across Shropshire, Wales and the wider West Midlands, and as we are in the process of opening a new Shrewsbury office, this event is an opportunity for local companies to find out just how we may be able to help them.

“Statistically the number of claims now being lodged through employment tribunals is increasing at an unprecedented rate – in fact there has been a 500% rise since the Government abolished the fees that employees needed to pay to bring a claim.

“And with the avalanche of claims we’re seeing, some employees are bringing claims that stand little chance of succeeding, but employers have to take them all seriously and you need to be sure you’re complying with all the relevant legislation.”

Mr Mehtam said he would be sharing his advice to help businesses navigate through the increasingly-complicated minefield of employment law, and to help them avoid the most common pitfalls.

“We will include suggestions on how to tackle some of the most common workplace and HR issues including sickness absence, dismissals and poor employee performance – and perhaps more importantly, we will look at how to avoid these situations and how to protect your business.

“With employers short on time, it’s almost impossible to keep up-to-date with ever-changing legislation, so our seminars offer clear, concise information in a time frame that suits our busy delegates.”

Businesses who would like to attend the seminar should contact Maria Smallcombe on 01952 272222 or email mariasmallcombe@martinkaye.co.uk

Pic:Martin-Kaye’s Employment Law Specialist John Mehtam who will be presenting the Top 10 Blunders seminar at Shrewsbury Town FC

Lawyers at a Shropshire firm have opened a brand-new office in the heart of Shrewsbury.

Martin-Kaye Solicitors has its head office in Euston Way, in Telford, as well as another division in Wolverhampton. And now they’ve expanded their network of branches to open another in Bellstone Court, in the county town.

Partner Simon Wagner said: “We have seen an increase in enquiries from the Shrewsbury, west Shropshire and mid Wales areas, so it makes perfect sense for us to open a branch that’s more convenient for clients in those locations.”

The staff based in the new office will primarily concentrate on property matters and conveyancing, but clients will also be able to access legal advice for commercial, employment, wills and probate, and family law matters too.

Martin-Kaye’s specialist domestic property team is experienced and knowledgeable, and last year had its busiest year to date working with clients from all over the UK. The team is also accredited under the Conveyancing Quality Scheme – the quality mark for legal experts in buying or selling property.

“We’ve been looking for the right location for several months, and we believe we’ve now found exactly what we were searching for in Bellstone Court,” said Mr Wagner.

“We’ve already held the first in a series of employment law presentations at Shrewsbury Town FC as part of our expansion into the Shrewsbury area, and it was extremely well-received. In fact, the response was so good that around a dozen of the delegates who attended that seminar have asked specifically for a visit from our team with a view to signing up to our HR and employment scheme, Alpha.

“We’re off to a great start to our life in Shrewsbury and we’re looking forward to welcoming new and existing clients to our brand-new office.”

Pic:At the new Martin-Kaye office in Shrewsbury are, from left, Graham Davies, Emma Jones and Simon Wagner

A Shropshire law firm has received nationally-recognised accreditation for the security of its cyber systems.

Martin-Kaye Solicitors has been accredited with Cyber Essentials by Falanx Cyber Defence – a Government-backed scheme supported by the National Cyber Security Centre.

The initiative encourages companies and organisations to adopt good practice in the way they use technology, and it protects them against a whole range of the most common cyber-attacks.

Martin-Kaye’s Systems and Administration Department Manager, Samantha Azzopardi-Tudor, said: “We’re very proud to have achieved this accreditation and it is a clear indication to our clients and employees that we are committed to preventing cyber-attacks and protecting their personal data.

“As part of the criteria, we are required to show we are committed to using a secure internet connection in all our offices in Telford, Wolverhampton and Shrewsbury, and to ensure that all our devices and software are also secure.

“It requires us to control who has access to our data and services, and for us to protect our systems from viruses and other malware, as well as making sure all our devices and software are regularly updated.”

Mrs Azzopardi-Tudor said thanks to the accreditation, Martin-Kaye Solicitors would now be listed in the recognised Government directory of organisations who have been awarded Cyber Essentials status.

“Many companies are now solely working with advisors and professional service providers who have been accredited, so anyone specifically looking to appoint a law firm that meets the very highest standards of cyber security will find us on the list,” she said.

“This recognition assures our clients that we take cyber security seriously, and that we’re continually updating our systems to protect their data at all times.”

Cyber Essentials is a simple but effective scheme that helps to protect companies and organisations against the most common attacks – and it’s particularly important as vulnerability to simple attacks can mark a company out as a target for more in-depth unwanted attention from cyber criminals.

Staff Christmas parties can be an employers’ nightmare both during and after the event – but not if your company is well-prepared.

That’s the message from John Mehtam, the employment law specialist at Martin-Kaye Solicitors in Telford, who said there were ways to avoid the dreaded personnel hangover following festive celebrations.

“Christmas parties are well-known for causing a festive headache, and not just for any staff who have one too many to drink either.

“Statistics show that staff parties at this time of year can be a minefield – with half of all parties ending with work colleagues fighting; one in three parties brings allegations of sexual harassment; and one in five parties ends with an accident involving employees.

"And although traditionally parties take place away from the office and out of hours, as an employer you could well be held liable, particularly if alcohol has been provided. Make sure you have a clear social media policy in place too, as embarrassing photographs of your staff or managers in compromising situations where they can clearly be associated with your company can cause irreparable damage to your company’s reputation.”

Mr Mehtam advised employers to take note of a recent case where the Court of Appeal had ruled that a company should be held liable when an employee launched a violent assault on a colleague at a heavy drinking session straight after the firm’s Christmas party.

“Originally the courts decided this was a separate incident for which the employer was not responsible. The row occurred after the company party when half the guests decided to go on to a hotel where some were staying to continue drinking.

“The attack was triggered by a work-related discussion, when the managing director felt his authority was being challenged. The victim made a claim for damages against the company saying it was vicariously liable for the managing director’s conduct, which was initially unsuccessful as the court decided the drinks were separate from the Christmas party itself and at a separate location.

“Now though, the Court of Appeal has ruled that because the assailant owned the company and because the gathering was a follow-on from an organised work event, with the company paying for taxis and drink, they believe the company should be held vicariously liable.

“So it’s clear that employers need to be sensitive when it comes to handling the fallout from any staff Christmas celebration, otherwise they could face a very awkward atmosphere in the workplace in the cold light of day.”

Temporary Christmas workers have the right to be treated just as fairly as your permanent staff according to a Shropshire employment lawyer.

Gemma Workman, from Martin-Kaye Solicitors in Telford, said at such a busy time of year, many employers needed to recruit extra workers, particularly in the retail sector.

“Obviously Christmas brings increased pressure with frantic shoppers trying to find the very best presents for their loved ones, and retail businesses need more staff to meet customer demand.

But even if you’re only employing staff for a short period of time over the holidays, you need to start by issuing these temporary workers with a contract of employment.”

Miss Workman said the contract should clearly set out the end date of the employment, and include a clause to allow either the employer or the worker to terminate the arrangement early.

“You must also ensure that temporary workers who are doing the same or a similar job to any of your permanent staff are included in pension or bonus schemes – unless you can objectively justify their exclusion.”

She said any temporary staff taken on through an agency were also entitled to treatment that was on a level playing field.

“Agency workers are entitled to access all the facilities in the workplace such as the canteen, car parking, and a creche from their very first day. They are also entitled to information on any permanent vacancies in your company from that first shift. But to qualify for extended employment rights and conditions, they would need to complete 12 weeks service and stay in the same role with your company for the entire three months.”

Miss Workman said the qualifying time would need to start from scratch if the agency worker moved to a new company and would be paused if they took time off sick – but during any maternity, paternity or adoption absences, the clock would still be ticking.

“It’s also an employer’s responsibility to check that any potential staff have permission to work here or you could face a civil penalty of up to £20,000. If you’re using an agency to hire your temporary staff though, as long as they remain employed by the agency throughout their contract, it would be the agency’s legal responsibility to check their work status.”

Miss Workman said when it came to salary, temporary Christmas workers must also receive a pro rata amount of pay and benefits compared to a permanent employee, unless it was not reasonable or it was inappropriate, such as a season ticket loan that permanent staff received.

“Temporary Christmas staff may well meet an urgent need, but they must be treated fairly and equally throughout their time in your business.”

Shropshire employers have been reassured the onus is not on them when it comes to providing allergen information on food in the workplace.

Graham Davies, of Martin-Kaye Solicitors in Telford and Shrewsbury, said there had been several high-profile cases in the media lately where major firms had been criticised for their approach to food labelling.

“Pret a Manger hit the headlines after two customers died after consuming food that contained ingredients that they were severely allergic to – and a coroner said that even though the company was within the law, allergens were not labelled adequately or clearly.”

Mr Davies said employers who were concerned about how the rules affect food available in the workplace though should not be worried.

“When food is pre-packaged, labelling for all ingredients – including any allergens – must be on the packaging. But food not packaged and prepared on the premises, such as items in food catering businesses and sandwich shops, does not need to be individually labelled – even if it contains a major allergen. The supplier though must have clear signposting and information available so it can be shown to the customer.”

Mr Davies said the law required the food business operator to be responsible for providing allergen information – the business producing, processing or distributing the food.

“So if you have a staff canteen, the onus will be on the catering company to provide the information, and not on you. But of course, as a responsible employer, it would be sensible to check whether the information they’re providing is clear, and whether the catering team is sufficiently knowledgeable. If you have employees with allergies, you could also ask their opinion too.

“And when it comes to something as innocuous as packaged biscuits in a meeting, you’d be wise to leave the biscuits in their packets so staff can check the information themselves.”

Mr Davies said first aiders in the workplace should be advised if any staff had food allergies, but there was no legal requirement to train them to help with EpiPen injections which need to be administered if a reaction occurs.

Shropshire couples facing a relationship breakdown have been urged to steer clear of quick-fix divorce proceedings online.

Gemma Himsworth, who leads the family law team at Martin-Kaye Solicitors in Telford and Shrewsbury, made the appeal during one of the peak times of the year for divorce applications.

“January is notoriously busy when it comes to divorce proceedings being launched – and in fact, Christmas itself was one of the busiest ever with 13 people completing online applications on Christmas Day.

“Altogether there were 455 online divorce applications submitted between Christmas Eve and New Year’s Day, and this month we’ve seen the usual annual spike in enquiries in person at our offices.”

Mrs Himsworth said couples should be cautious though about using the online procedure as it only dealt with the marriage, and not with financial matters or issues relating to children.

“It’s all well and good filling in an application online, uploading documents and paying fees over the internet, but this kind of fully digital divorce will not suit everyone. You won’t receive advice online about the legal implications of divorce, and you won’t be able to make sure that any necessary paperwork is completed correctly.

“So although it may seem tempting to try to do everything online in order to speed up the process and make things less complicated, you may actually be creating a situation that causes real problems as the divorce moves forward.”

Mrs Himsworth urged couples to seek professional advice to sort out the finer details of divorce in order to protect themselves from future legal action.

“For instance, if a couple gets divorced but doesn’t deal with their finances in a recognised legal agreement, they could be storing up trouble – it means they will still have claims against one another, including on any assets they acquire after the marriage is over or on any inheritance they may receive.

“And in an extreme case where maybe one of them wins the lottery, then arguably their former spouse could still make a claim.”

The online divorce system was introduced in April last year, and it allows spouses to complete a divorce application over the internet.

“It does not replace existing paper-based applications, but for some people it provides a quicker and easier service – couples though should be careful and should not hesitate to seek out expert advice if they’re unsure of how to proceed.”

Employment law experts from a Shropshire legal practice are taking their advice on the road to reach businesses in the wider Midlands.

The lawyers from Martin-Kaye Solicitors, in Telford, will be hosting an interactive employment advice seminar that will see them share invaluable information to help company bosses protect their business from escalating employment tribunal claims.

The Top 10 Blunders seminar will take place at the Village Hotel Walsall, Tempus Ten, on Thursday, February 28, at 12noon, and the free event will be hosted by the firm’s employment law specialist, John Mehtam.

“Our presentations are always extremely popular wherever we hold them, and now we’re branching out into the wider Midlands to give local companies an opportunity to find out just how we may be able to help them.

“We are seeing an avalanche of employment tribunal claims since the Government abolished the fees that employees needed to pay to bring a claim. And because there is no fee to pay to lodge a claim, it’s clear that some employees are bringing claims that stand little chance of succeeding, but employers have to take them all seriously and you need to be sure you’re complying with all the relevant legislation.”

Mr Mehtam said he would be sharing his advice to help businesses navigate through the increasingly-complicated minefield of employment law, and to help them avoid the most common pitfalls.

“We will include suggestions on how to tackle some of the most common workplace and HR issues including sickness absence, dismissals and poor employee performance – and perhaps more importantly, we will look at how to avoid these situations and how to protect your business.

“With employers short on time, it’s almost impossible to keep up-to-date with ever-changing legislation, so our seminars offer clear, concise information in a time frame that suits our busy delegates.”

Businesses who would like to attend the seminar should contact June Noto on 01952 525951 or email junenoto@martinkaye.co.uk

Pic:Martin-Kaye’s Employment Law Specialist John Mehtam who will be presenting the Top 10 Blunders seminar at the Village Hotel Walsall

Four employees from a Shropshire law firm have been officially recognised for their dedication and commitment to the practice.

Suzanne Lees, Emma Palmer, Clare Pitchford and Alison Thornton are all employed by Martin-Kaye Solicitors in Euston Way, in Telford, and they’ve received long service awards from the board.

Senior partner Graham Davies said their loyal support had been invaluable in the years they had worked for the firm, and he wanted to express the gratitude of the partners and colleagues for all their efforts.

“We’re a very close-knit team here at Martin-Kaye and we believe it’s crucial to recognise the dedication of our staff, and all the work they put in to help ensure the practice runs smoothly and efficiently.

“Many of our employees have been with us for long and settled careers, and it’s always an honour to be able to thank long-serving colleagues in person.”

Suzanne Lees works in the accounts team and received her award for 20 years’ service; Emma Palmer is the employment team manager who has also worked for the firm for two decades; Clare Pitchford is a legal advisor in the employment team who has also reached her 20th anniversary; and Alison Thornton, who is a solicitor in the personal injury team, received a 15-year award.

Martin-Kaye Solicitors began in 1985 with just three members of staff and in the decades that have followed, the independent practice has become one of the largest legal firms practising in the Midlands region.

“We pride ourselves on giving our employees the opportunity to continuously develop their skills and to build a strong career in the legal world,” said Mr Davies.

“And the fact that we have so many colleagues who have now reached such milestone anniversaries with us is testimony to the way our firm nurtures talent. It also shows that we are meeting one of our key objectives – to retain the very best staff in order to support our clients in all their dealings with our firm.”

Pic:Emma Palmer, Alison Thornton, Clare Pitchford and Suzanne Lees from Martin-Kaye Solicitors

World Cup woes for businesses

Employers need to take action over avalanche of claims

Maria joins Martin-Kaye

Plan ahead for later years

Partnership approach pays dividends

Employers take up valuable advice

Time to change the divorce law

Healthy approach to hygiene pays off

Advice clinics for employers

Don't believe the urban myth

Late payment doesn't need to be an issue

Law seminar will reach a wider audience

New office opens in county town

Cyber security is top notch

Employers can avoid a festive hangover

Christmas workers have rights too

Employers not responsible for food allergy information

Online divorce is no quick fix

Lawyers branch out with employment advice

Long service awards for law firm staff