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"Cheat's charter" is bad news

November 28, 2012, 9:30 am
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Our family law expert has hit out at a ruling that could help wealthy husbands to hide their assets during a divorce.

Nadia Davis leads our family law team and said the ruling by the Court of Appeal that an oil baron's companies did not have to hand over their assets to his ex-wife was a dangerous development.

"It's clear that this ruling could encourage wealthy businessmen to shelter their assets in companies and trusts that are beyond the reach of their wives, which is just unfair.

"I believe this should be looked at again as soon as possible, in order to protect wives in high value divorce cases who may otherwise not get the payout they are really entitled to."

The Court of Appeal said that the "corporate veil" could not be lifted unless there were exceptional circumstances, and said the oil baron's companies could not be considered as his own property.

"In many instances this ruling has been referred to as a 'cheat's charter' and gives unscrupulous husbands all the opportunity they need to protect their assets," said Nadia.

"This decision by the Court of Appeal, which was not unanimous, means family law judges can no longer ensure that justice is done on both sides in a divorce.

"For me, this is an extremely dangerous route to have taken and it will create real uncertainty in any forthcoming cases.

"Surely the wisest move would be to reconsider the ruling and to introduce legislation that safeguards a wife's right to receive a fair payout and that prevents assets being hidden away.

"Divorce is a difficult enough experience at the best of times for anyone involved, and to have introduced a method where precious assets can be taken out of the equation is only adding to the stress."
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Half and half is a long way off

November 30, 2012, 9:27 am
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Stay-at-home spouses are still not getting their fair share in assets from a divorce - despite a decade passing since a landmark legal ruling - that's the warning from Nadia Davis, who leads our family team.

She said ten years ago the principle that divorcing wives could expect to receive half the assets of a marriage was introduced.

"It was generally introduced for wives who gave up their own careers to support their husband, look after the home and children, and who sacrificed their own salary for the sake of the family. But despite there being several high-profile multi-million pound payouts for divorcing wives lately, it would appear that the same equality does not always apply when it comes to dividing the assets.

"It's not an actual rule that each partner should have an equal share of the assets, and courts always have the flexibility to make individual decisions in exceptional circumstances. But it had been generally accepted in most cases that the wife would receive a 50 per cent share.

"Historically it was felt that the breadwinner's contribution to a marriage weighed more heavily than the homemaker, but in these relationships, both partners make significant but different contributions to the partnership.

"And before the ruling, financial equality would have been unheard of - a wife would usually have been assessed on her needs and receive maintenance and a home for her and the children, rather than an amount based on her contributions to the marriage.

"So in ten years since the ruling, there has only been one recognised case where a stay-at-home wife has actually received a true half-share of the assets - it's clear there is still some way to go until things really are equal."
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Hairy moments for legal team

December 7, 2012, 9:27 am
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Four of our solicitors have faced a few hairy moments all in the name of charity. They pledged their support for this year's Movember campaign and spent the last month growing some pretty impressive facial hair.

The aim of the campaign is to raise vital funds and awareness for men's health, in particular prostate cancer and testicular cancer, and the Martin-Kaye MoBros have raised over £700 through their efforts so far.

Mohammed Ahsan, who took part in the challenge, said: "There was much trimming, grooming and moustache stroking throughout the month, and we've had some gentle ribbing from our colleagues over the weeks. But in the end, it has all been extremely worthwhile and we're so grateful to everyone who has supported our efforts - we never thought we'd have raised such a great amount of money, and the donations are still coming in."

Mohammed was joined in the Movember campaign by colleagues David Jones, Jason Round and Giorgio Iaconi.

Movember raised over £79 million last year across the UK and around the world, and organisers are hoping to beat that with this year's efforts.

Pic: Sporting their impressive Movember moustaches are, from left, Mohammed Ahsan, David Jones, Jason Round and Giorgio Iaconi
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Law firm takes a new approach

December 17, 2012, 10:00 am
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Families denied legal support during tricky divorce proceedings have been offered a lifeline.

From next year, Legal Aid will no longer be available for divorce and family law cases due to Government cuts. But our family law expert, Nadia Davis, said the move would cause misery for many families at probably the most stressful time of their lives.

"The decision will deprive thousands of families from legal advice and assistance during a painful and difficult period. There will be lots of people on limited incomes who will be floundering, worried and upset following the break-up of their relationship and when conflicts over the children arise.

"People who would have previously qualified for Legal Aid will be left to fend for themselves, which is a horrendous position to be in."

Our firm has decided we can't leave families struggling with such a difficult situation alone, and so we've taken action to step in to help.

"We felt a real responsibility to find a way of meeting what we believe will be a considerable demand, and have set up a new fees structure that could prove invaluable for many families."

Our team of family law specialists will take on cases involving disputes over children at heavily discounted rates which will be broadly in line with the previous public funding rates.

"By using our lawyers and systems more efficiently, I believe we can help these families at very competitive rates and we are also introducing an opetion where families can consult us on an 'as and when' basis.

"We have already pioneered a fixed fees structure for family and divorce work to ensure there are no surprises for our clients and this latest service is very much an extension of that approach. In such difficult financial times, families need all the support they can get, and at Martin-Kaye we are dedicated to finding new and innovative ways to offer advice that suits each client's individual needs and circumstances."
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Staff receive long-service awards

January 3, 2013, 8:03 am
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Staff from Martin-Kaye Solicitors have been recognised for their commitment and dedication.

We held a special presentation for four members of staff who have each completed 15 years' service.

The awards were made to Michelle Millward (from the property team), Nikki Pickering (who works in the family law department), Christina Martin (administration and personnel), and Joyce Green (archiving manager).

They all received gift vouchers from their chosen store and have been praised by our senior management team for their loyalty and hard work.

Alison Carter, who is a partner in our firm and who arranged the presentation, said: "We are extremely proud of our long-serving members of staff and to celebrate with four more employees who have reached an important service milestone is great news.

"Staff turnover in our practice is generally low and we have many employees who have been with us for over two decades.

"Their dedication ensures that our clients receive the very highest levels of customer service, and we are very grateful for their commitment to our business."

Alison said the firm rewards staff in three long-service categories - over 15 years, over 20 years, and over 25 years.

"We believe it is important to recognise our staff for their efforts, as without them, our firm could not possibly operate and it's thanks to them that the reputation of Martin-Kaye Solicitors continues to go from strength-to-strength."

Pic: At the presentation are, from left, Christina Martin, Joyce Green, Nikki Pickering, and Michelle Millward, receiving their gift vouchers from Alison Carter
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Snow dilemma for working parents

January 23, 2013, 9:13 am
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Winter weather is causing a major headache for working parents - and it's no easier for their employers either.

Our employment law specialist, John Mehtam, says it's vital though that employers try to be as flexible as possible.

"No-one wants to receive the panic phone call that says your child's school is about to close due to snow - it's all well and good saying it's in everyone's best interests because of health and safety, but that doesn't help resolve the situation.

"By law, staff are entitled to take a reasonable amount of unpaid time off work to deal with family situations like this and employers must take a sensible approach, even though it causes disruption in the workplace."

John said employers must also be careful how they deal with incidents when employees have to take time off for emergency childcare when schools are forced to close.

"If you don't allow an employee to take time off to care for their child in such a situation, you could well be breaching their rights so it's important to handle the request sensitively."

John says the best policy is to have a bad weather plan in place so that everyone knows where they stand.

"It's not just about parents needing time off when schools are closed - what if your employees fail to arrive at the workplace at all because they claim they can't get through the snow and ice? You have a duty to protect their health and safety, but of course you also need to balance this with the needs of your business.

"Your staff have no automatic legal right to be paid if they can't get into work because of the weather, but check your contracts carefully as they may say differently. And if you've previously paid staff in similar circumstances, you may have already set a precedent which you now can't ignore."

John suggests considering several options if staff are unable to get to work, in order to ensure everyone's needs are met.

"Ask your staff to take paid annual leave if they have any left available, or suggest they work from home. Employees could also take the time off as unpaid leave if they have no alternative, or agree to make up the time lost by starting earlier, working later or taking shorter lunch breaks once they're back at work.

"Tricky weather conditions are difficult for everyone but by being flexible - whether you're an employer or an employee - everything should balance out in the end."
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Protect your company - and your shares

January 29, 2013, 8:01 am
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Employers should steer clear of new plans to award company shares to staff in exchange for employment rights.

That's the warning from our employment law specialist, John Mehtam, who said the new plans that come into force in April could see employers needlessly giving away shares in their company.

"The new type of contract says that in return for shares in your company, the employee would give up their rights on unfair dismissal, redundancy, the right to request flexible working and time off for training.

"But in fact, when it comes to new staff, they are not actually entitled to unfair dismissal or redundancy rights until they've worked for you for two years.

"So they're only really giving up the right to request flexible working and time off for training, and in reality they don't have an automatic right to either - more importantly, these rights don't even begin from the first day they join you."

John warned though that even more worryingly, if someone on the new type of contract left the company or had to be sacked, the employer would not automatically get their shares back.

"So anyone who left under a cloud, or who wanted to be awkward, could hold you to ransom because you'll have to pay to get the shares back."

The new owner-employee contracts will be open to all new staff if the company wants to implement them, but they will be optional for existing employees.

"Clearly even though these contracts may seem like a good idea, as an employer you would be giving away far too much with very little in return," said John. "Employers should make sure they are fully informed of the tiniest details before taking this approach - or you may risk your company's future without any need to do so."
 
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Sharp focus on company drivers

January 30, 2013, 3:40 am
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Company drivers now face tougher rules when it comes to making sure their eyesight is up to scratch. The rules came into force earlier this month and they mean anyone with a commercial licence will face much stricter checks.

Our senior partner, Graham Davies, said drivers of cars and light commercial vehicles will now need to self-certify every ten to 15 years that their eyesight is up to the job.

"This is the case whether or not they drive on business, and it's vital that they have a professional eye test first otherwise they could risk making a false admission.

"Previously drivers with Group Two licences, including anyone driving buses or lorries, was required to have an eye test every five years when they reached the age of 45 - now though all drivers in this group must be tested every five years, no matter what their age."

Graham said employers are also required to provide and pay for eye tests and glasses or lenses to any staff who use computers in the workplace.

"Despite the new testing rules, this will not be extended to anyone who drives as part of their job, but you do have a responsibility to ensure drivers are operating safely on behalf of your business.

"You should make it company policy that drivers have to comply with the new rules, and that they should make a regular declaration to you that they have done everything that's required. It's important to remind staff too that if they don't wear their glasses while driving, they could get points on their licence and a fine of up to £1,000 for which they would be personally liable.

"Even though you're not legally obliged to pay for company drivers' eye tests, you may decide you will as a gesture - and of course you'll also be reassured then that the tests have been carried out. It's in everyone's best interests that your drivers are safe on the roads, so the price of the tests may well be a small price to pay for peace of mind."
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Love is in the air

February 4, 2013, 6:54 am
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At Martin-Kaye Solicitors, we're sharing the love after receiving a top ranking on a national website. Our personal injury team is celebrating after being ranked as the fourth most loved team of their kind in the UK.

Leading business directory www.thebestof.co.uk ranked them as part of the website's annual campaign where clients of UK businesses are given the opportunity to recommend their favourite companies.

And now, the personal injury team have signed up to sponsor a mini heart on the website's promotional vehicle.

Alison Carter, who leads the PI team and is a partner in the firm, said: "We wanted to celebrate all the good wishes we received from our clients after our ranking was announced, and joining forces with thebestofTelford's team seemed an appropriate way to mark our success.

"We're very grateful to all our clients for such great feedback about the service we deliver, and we're hoping our ranking will improve still further in the coming 12 months."

ThebestofTelford reserves the mini heart spaces on the side of its BMW Mini for the highest customer-rated businesses in the area.

Pic: Celebrating their success are, from left, Sarah Mears, Lynsey Kilvert, Clare Pitchford and Alison Carter from the Martin-Kaye personal injury team
 
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Employment expert on the road

February 18, 2013, 8:16 am
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Employers from across the Midlands are being invited to judge between the truth and lies of workplace law at a seminar next month.

John Mehtam is our employment law specialist and he's embarking on a series of events around the region to share his knowledge. His first event will be held at the Ramada Park Hall Hotel, in Wolverhampton, on March 13, at 6pm, when delegates will hear the real story of Employment Law today.

"Keeping up-to-date with the ever-changing world of employment law is a real headache, with many employers struggling to find the time in an already packed schedule," said John.

"So our seminar will identify the current trends and clear up some of the myths surrounding law in the workplace. Employers are facing an increasing number of claims brought against them by their own staff, and we believe our topical presentation could prove invaluable.

"We'll set out the right way to tackle various issues, and help employers learn how to avoid falling into the most common traps. Areas such as sickness absence, dismissals and employee performance can all be particularly tricky, and we'll help employers tell the difference between what is actually law and what may just be a myth.

"It's a chance for our delegates to hear about the blunders frequently made by employers and to learn from their mistakes."

Numbers for the presentation are limited and any employer interested in attending should call June Noto on 01952 525951 or email junenoto@martinkaye.co.uk
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Lawyers take top award

February 21, 2013, 9:06 am
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Martin-Kaye Solicitors is celebrating after winning a prestigious national award in honour of the work carried out by our commercial division.

We've been named as the UK Small Business Law Firm of the Year in Acquisition International Magazine's Awards in the category for firms representing clients with turnovers of less than £20 million.

Senior partner Graham Davies said: "This criteria in fact covers the majority of businesses in this region, so we're highly honoured to have received the top award. We were pleasantly surprised but delighted to receive such fantastic recognition, particularly as the winners are chosen through votes cast by a combination of clients, other professionals and our peers.

"The complete list of winners reads like a 'who's who' of legal and accountancy professions, and I'm very proud to see us named in such illustrious company.

"At Martin-Kaye, we have always maintained that businesses can find professional, commercial advice at the right price here in Shropshire, and that they don't need to resort to city-centre firms - this award definitely proves that point."

The Small Business Law Firm of the Year Award follows hot on the heels of Martin-Kaye receiving impressive recognition in the independent UK Legal Directory Legal 500. Every department in the firm's commercial division was listed, as well as Martin-Kaye's personal injury and family and divorce departments.

Graham said: "To receive such recognition on a national scale is a reflection of the skill and expertise of our lawyers, and for a firm of our size based in a county like Shropshire, such success is nothing short of remarkable."

Jane Peter, chief co-ordinator of the AI Legal Awards, said: "Our legal awards winners are leaders in their respective fields, and our awards mean something - not only to the winners, but most importantly the people they advise.

"The winners represent the very best in class at innovation, differentiation, and first class service to their clients, and we invite everyone to celebrate the legal teams that have shown the greatest strength amid ongoing global economic uncertainty."

Pic: Celebrating our national award are, from left, Nadia Davis, Graham Davies and Stuart Haynes
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Hiding your wealth doesn't pay

February 25, 2013, 4:11 am
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Couples going through a divorce have been warned they could face prison if they try to hide their wealth from their former partner.

Our family law expert, Nadia Davis, said both sides were obliged to reveal the full extent of their personal finances - both at the start of the case and throughout the entire process.

"It's no good trying to hide your assets to protect them from your spouse as the consequences could be extremely serious. By claiming to have less than you actually do have, you would be depriving your former partner of their fair share."

Nadia said the warning had really hit home in a case where a husband was believed to have assets worth around £400 million, but who claimed to have lost the fortune and could not explain where it had gone.

"He had been ordered to pay monthly maintenance to his wife but failed to make anay payments at all, so the judge decided that a fine or suspended sentence was not a tough enough penalty, and the husband was actually sent to prison.

"This is a clear indication of how important it is for both sides to give full and frank statements about their financial position, and underlines the consequences if they don't comply."

Nadia said anyone deliberately trying to shelter their wealth would almost certainly be found out and taking such a risk could prove extremely dangerous.

"Not only must both sides disclose all their personal finance information at the start of the divorce process, but they must also be open about their circumstances for the entire course of the court proceedings. So there will be no opportunitiy to siphon off assets once the case has begun, or the same threat of a prison sentence will occur."
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Tempt your customers to pay on time

March 1, 2013, 3:22 am
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Small businesses who are struggling with cash flow due to late payment of invoices need to take urgent action.

Our senior partner, Graham Davies, said although the Government had called on larger businesses and local authorities to pay more promptly, the message was still not getting through.

"For many small and medium-sized businesses, this is a real issue, and they are struggling with the ebb and flow of erratic cash transfers. Companies have been encouraged to back the Prompt Payment Code, but this is voluntary and if a large business or organisation does sign up, and then ignores the ethos, they don't face any kind of penalty.

"So it's up to smaller businesses to take action in order to protect themselves, and they need to look at incentives to motivate their clients to pay more promptly."

Graham said most invoices were issued with strict payment terms, such as "payment due within 30 days".

"But you could consider including a clause that gives them a small discount if they pay early - it may sound as though you'd be losing money, but in fact you'd have the vast majority of the payment in your bank earlier than planned, and it would save you the time and cost of chasing for payment.

"And to make such a discount even more tempting, include a reference on the invoice that interest will be applied to the full outstanding amount from the first day payment is overdue and include the rate you plan to charge.

"If you don't mention the actual rate you will use, you will only be entitled to charge the county court rate which is currently 8% - why not increase the rate to perhaps 15%?

"When your customer looks at the options of paying early at a discount or facing late payment charges at that kind of level, they will surely see sense and pay your bill as soon as possible."
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Could you fight the cyber attackers?

March 1, 2013, 9:12 am
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Any company using computers is vulnerable to a cyber attack and must take vital steps to protect themselves - that's the message from our senior partner, Graham Davies.

"It's not just the major multi-national companies who are likely to be targets for online attackers. Every small and medium-sized company with an online presence could also be vulnerable to online threats, and it's important for business owners to make their systems as safe as possible."

He said the most common risk was a third party attack which could cause damage to the company website, causing technology to fail and interrupting the day-to-day running of the business.

"You could also lose personal or business information if the cyber attack accesses vital customer details, so it really does make sense to prepare for the worst."

Malicious software is often used to hijack individual computers and other equipment, or to release a virus, but an attack could also come from an employee who has inside access to the company's IT systems. If an attack does happen, there are two laws that may apply - the Computer Misuse Act 1990, and the Data Protection Act 1998.

"But of course the most difficult thing is that whoever carried out the cyber attack must first be tracked down and this is almost impossible. So your company should take effective measures now to both prevent a cyber attack happening and to minimise the damage one would cause if it ever happened," said Graham.

"Look at the risks to your system and ask how well information is being processed and managed, and who or what could compromise your online performance. And if you take on a new employee, check them out thoroughly before you give them access to sensitive information.

"You should also regularly review your IT policies and remind any staff using laptops or other devices at home or away from the office that they should only use secure WiFi networks when they transmit or receive confidential files.

"Don't ignore the risks as a cyber attack is a real possibility and it could threaten your entire business if you leave yourself in a vulnerable position."
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Simpler shares rules would be good news

March 22, 2013, 6:29 am
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Commercial law experts at Martin-Kaye Solicitors have welcomed proposals which could simplify the rules over company shares.
 
Stuart Haynes, from our commercial corporate team, said currently there were extremely strict regulations in place about how shares markets should operate within a business.
 
“New proposals have now been submitted to the Government to suggest a simplified shares process in a bid to encourage more employees to take up the offer, and to help improve the operation of internal share markets.
 
“These include reducing the number of shareholder votes required to authorise buying back shares from 75% to 50%, and allowing private limited companies to pay for their own shares in instalments. This is a very important move, as it will help companies who have been struggling to make enough distributable profits during the recession to reconsider their position, and allow them to re-organise and move forward.
 
“The new rules would also allow private limited companies to hold shares they buy back as treasury shares, which means they can be reissued.”
 
Stuart said the proposals would allow companies to approve multiple buy backs in advance through a single resolution, and private limited companies would be able to finance any buy backs connected to an employee share scheme out of their capital budget.
 
“It will be extremely interesting to see how these proposals develop, particularly given the ongoing economic difficulties the country is facing, as they really could help companies make some progress.The proposals are a good step in the right direction towards cutting red tape and simplifying processes to make companies more efficient and to reduce company costs.
 
“Let’s hope the final version of the proposals is as positive and helpful as this first initial batch.”



Pic: Stuart Haynes
 
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Truth and lies - the real story

March 25, 2013, 8:38 am
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Over 50 employers from across the Midlands were given the chance to judge between the truth and lies of workplace law thanks to our employment law specialist, John Mehtam.

He's hosting a series of events around the region to share his knowledge, and his first event was held at the Ramada Park Hall Hotel, in Wolverhampton, when delegates heard the real story of Employment Law today.

“We were very pleased to see so many employers at the presentation and the response so far has been extremely positive,” said John.“It was a great opportunity for employers to learn about the current trends and for us to clear up some of the myths surrounding law in the workplace.”

John set out the right way to tackle various issues, and helped employers learn how to avoid falling into the most common traps. He covered topics such as sickness absence, dismissals and employee performance and helped the employers tell the difference between what is actually law and what may just be a myth.

“I will now be running more events of this kind across the region, and revealing the blunders frequently made by other employers in order that our delegates can learn from their mistakes,” said John.“These seminars are a perfect way for busy employers to keep up-to-date with the ever-changing world of employment law as they cover a vast subject in a concise, clear and convenient way.”

Pic:    Martin-Kaye’s John Mehtam at the Truth and Lies presentation in Wolverhampton



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Red tape cut is welcome move

April 2, 2013, 3:00 am
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Businesses will now find it easier and cheaper to protect themselves from competitors thanks to a new ruling.
Our senior partner, Graham Davies, said the new revised mediation service launched by the Intellectual Property Office was a “breath of fresh air”.
 
“Many businesses, particularly the very smallest, underestimate the value of their ideas, systems, services and products, and they may not even realise protection is available. But I have seen businesses ruined as a direct result of a competitor or a former employee plagiarising their ideas, when all the time they could have had protection in place.”

The new-look mediation service has been designed to make it cheaper and quicker for small businesses to resolve their intellectual property disputes, and is an alternative to the often costly and lengthy court cases that companies face. It will offer access to a greater variety of mediation options including short telephone sessions, a wider range of specialist accredited mediators and reduced mediation fees.

“Previously businesses may have been wary about taking action because of the time and cost, but this announcement is a breath of fresh air which should make things much quicker,” said Graham.“Intellectual property is a complex legal area and expert advice is crucial before your business gets involved in a dispute – resorting to court action should be the last resort, and not the first step.

“This cut in red tape will certainly make the resolution of disputes much easier, and we welcome any initiatives that help small businesses to operate more freely and cost effectively.”

The IPO Mediation Service was originally established in 2006 to help resolve intellectual property disputes as quickly, effectively and efficiently as possible, but traditionally businesses have been reluctant to use it. Now it is hoped the modernised service will prove more user-friendly and more popular with the businesses who need its support.

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Digital age brings a challenge

April 23, 2013, 7:37 am
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Martin-Kaye's senior partner says today’s digital revolution is creating a whole new raft of challenges when it comes to personal accounts. 

Graham Davies said many people now had large collections of “digital possessions” – iTunes, films, e-book downloads.

“The cost of these assets can run into hundreds of pounds, but have you considered what would happen to them if you died? In this digital world, it’s quite possible that you’ll have an extensive collection, probably all held as digital downloads. And while no-one likes to talk about it, death is inevitable for everyone.

“Business people will probably have taken professional advice on estate planning and prepared a will, but does it cover anything you have in a digital format?”

Graham said currently the law says any books, music, or films held in this way (maybe in a cloud server or a service provider’s account) do not actually belong to the person who has downloaded them. “You only buy permission to use them personally, not to pass them on to anyone else – either while you’re alive or otherwise.

“So when you die, these possessions and any associated accounts die with you. Service providers usually automatically shut down accounts when they are notified of the account-holder’s death and they won’t release the password to a third party, even if you are the executor of the will.

“The best option is to copy your files onto a laptop or external hard drive – that way you can pass on the equipment to someone else, or include a list of all your online accounts in your will and store your passwords with your accountant or solicitor.”

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Don't leave empty premises vulnerable

April 25, 2013, 7:43 am
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Squatters are now targeting empty commercial premises after a change in the law left them vulnerable, and  property owners should take action as soon as possible to protect any vacant buildings - that's the warning from Stuart Haynes, who is the head of our Commercial Department.

“A change in the law means anyone squatting at a residential property could now face six months in jail and a maximum fine of £5,000,” said Stuart.“But the law covering commercial premises was left as a ‘civil wrong’, which means property owners have no choice but to go through a drawn-out court case to evict the squatters and reclaim control of the property.

“This means of course that squatters are now deliberately targeting empty commercial properties and it’s vital that owners do all they can to discourage anyone from choosing their building as their next home.”

Stuart said squatters tended to prefer properties that were furnished or had services which were easily accessible.

“So if possible, take out all free-standing furniture such as desks and chairs, so that life would be very uncomfortable for the squatters. You should also turn all services off at the mains, including gas and water, even if the property will only be empty temporarily. And if it’s likely to be vacant for a longer period of time, you could consider capping them off altogether.”

Stuart suggested installing locks or steel boards on the doors and windows, which would need to be heavy duty.
“Remember that squatters can claim a legal right of entry if they get in through open or previously vandalised entry points, and don’t forget to secure the roof as that’s always a popular way to get in.
 
“Make sure the property is inspected regularly and think about installing a temporary wireless alarm that records video footage which will provide hard evidence if you ever need to evict someone.”


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Unfair dismissal - one smoking hot claim

May 3, 2013, 7:30 am
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Directors sacked an employee for smoking in his company vehicle and yet although it’s against the law, and there was a clear no smoking policy in place, his dismissal was ruled as unfair. Where did the directors go wrong? Our employment law specialist, John Mehtam explains.

The employee had received a brand new company vehicle and two colleagues reported seeing “someone smoking in a new company vehicle outside the office”. Initially they couldn’t identify who it was, but said “he refused to stop smoking when challenged”, so the directors concluded that because the person was in a new vehicle, it had to be the employee concerned.

At a disciplinary hearing, the employee said he “did not recall the incident” but the directors had no reason to doubt the witnesses as they had both worked for the company for a long time, so the employee was sacked for breaching the company’s smoking policy.

The dismissal letter said: “there may have been some confusion over the date you were seen smoking, but the actual date of the alleged offence is of little consequence.”

The employee claimed unfair dismissal because of the confusion over dates, the way he was identified, the potential impartiality of the witnesses, and the failure to investigate his location at the time of the alleged incident.

The tribunal ruled that smoking in a company vehicle contrary to the employer’s smoking policy could be grounds for dismissal, but in this case, the disciplinary proceedings were neither fair nor reasonable.

Take this as a warning – if an allegation could lead to dismissal, you must be able to pin-point the specifics of the incident, because a tribunal won’t allow a slapdash attitude to important events because of the potentially serious consequences for the employee.

And you must also be able to properly identify the employee – if the company had installed tracking devices in company vehicles, they could have proved where the employee was at the time and used the data as evidence.

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