Martin Kaye Solicitors – Telford - Shropshire

Couples who choose to live together without getting married should be aware of their rights when it comes to owning a property.

The advice comes from Nikki Pickering and Mohammed Ahsan at Martin-Kaye Solicitors in Telford. Nikki specialises in family law and Ahsan is a litigation expert, and they said they have seen a real increase in the number of cases involving unmarried couples who were dealing with the breakdown of their relationship.

“The cases start with the unmarried couple seeking advice on what to do about the property they have shared and because it involves the breakdown of a relationship, they assume they need a family lawyer just as a married couple would,” said Nikki.

“But in fact this just isn’t the case – unmarried couples have far fewer rights over property and any disputes that cannot be resolved have to be dealt with by the civil courts rather than the matrimonial courts.

“I can offer general advice on the situation, but if court action becomes necessary, then I hand the case over to Ahsan as the court rules are completely different to the kind of courts I deal with.”

Ahsan said with the number of people choosing to live together on the rise, there had almost inevitably been an increase in the number of cases of relationships breaking down.

“We have seen a growing number of cases where Nikki has initially started them off, giving general advice and trying to negotiate a settlement, but court proceedings have become necessary. This is usually because the couple are unable to agree on how their shared property should be dealt with, and the only remaining option is to take the case to court.

“When an unmarried relationship breaks down, it is not as straightforward to deal with as a divorce, and civil proceedings can be extremely costly. But if a couple takes professional advice before they purchase a property together, court proceedings can be avoided if the relationship comes to an end.”

Both Nikki and Ahsan offer free interviews to couples whose relationships have broken down – Nikki deals with any issues involving children from the relationship and gives general advice, and Ahsan deals with any dispute over the family property.

“No-one wants to think about a relationship breaking down when they first get together, but by taking sensible steps at the start and putting proper agreements in place, if the worst does happen then things will be easier to deal with,” said Nikki.

Employers must protect themselves from unnecessary costs if a recruitment campaign goes wrong.

John Mehtam is our employment law expert and he said many companies turned to recruitment agencies to find key personnel for high profile positions.

“Recruitment agencies usually work on a commission basis, with their fee payable once the ideal candidate takes up their post. The fees are calculated on a percentage of the successful applicant’s overall remuneration package, not just their salary, and although these costs have reduced lately, you could still face a hefty bill.

“But the problem comes if the person who appeared to be the perfect fit for your company doesn’t work out. What if they resign in the first year for personal reasons? Or they take up another offer or you find they’ve lied about their qualifications and experience? You could find you’ve spent all that money and yet your vacancy is once again left empty and you’ve been left high and dry.”

John said there were steps companies could take to protect themselves before the process even began.

“Check your recruitment agency agreement allows for a refund of fees if the new staff member’s employment ends in the first year – if it doesn’t, make sure you insist on this point being included.”

John said most agencies would agree to refund their fees on a sliding scale, but employers should demand 100% be repaid if it turns out that the agency didn’t carry out sufficient pre-employment checks.

“You should be able to claim recruitment agency fees directly from the employee involved, but not if the agency has already reimbursed you. Set out the arrangement in their appointment letter, but make it clear that the clause will run out on the first anniversary of their employment.

“It’s difficult enough to find the right staff to ensure your business runs smoothly and efficiently, without being left out of pocket if things don’t work out, so employers must look out for themselves and protect their interests.”

Buy-to-let landlords have been warned that savvy tenants could be exploiting the rules to their own advantage when it comes to their deposit.

Andrew Oranjuik, from our litigation team, said most residential landlords were aware that if they received a deposit from a shorthold tenant, it must paid into a formal tenancy deposit scheme.

“The rules were introduced to stop landlords withholding the deposit at the end of a tenancy, often for the flimsiest of reasons. I believe it’s a good thing to have the rules in place to protect tenants, but landlords must be aware of the consequences they will face if they don’t follow the guidelines correctly.”

Andrew said that within 30 days of receiving the deposit, a landlord must pay it into an approved scheme and inform the tenant of their actions.

“If you don’t take this step, the tenant can take their case to court and the court will have no other option than to rule against the landlord, ordering you to pay the tenant between one and three times the value of the original deposit.This rule applies even if you have already returned the deposit to the tenant in full at the end of their tenancy.

“Such a move can bring a real windfall for your tenant, and we have seen a noticeable increase in tenants becoming more and more savvy and willing to cash in on their landlords’ failure to comply with the strict guidance.

“And not only could you find yourself facing a payout that seems unfair, failing to deal with your tenant’s deposit correctly could cause difficulties when you try to take the property back. With a rise in the number of people taking advantage of favourable price rates to acquire buy-to-let properties, issues like this can have a real impact on many people.

“You need to make sure every detail is correct before you let the property out, as it can be very expensive if anything is left undone.”

Small businesses struggling to keep up with time-consuming admin will be relieved to hear it can be kept to a minimum.

Tina Chander, from our employment law team, said keeping accurate company records was vital in order to stay on the right side of the law.

“You need to keep statutory records of course, but it’s about knowing what’s essential and how to keep on top of things with as little of your precious time taken up as possible.”

Tina said The Companies Act 2006 set out the rules for exactly what information every company needed to keep.

“You’ll need a register of members/shareholders, a list of directors and company secretaries, details of anyone who has a right over assets of the company such as a bank, minutes of directors’ and shareholders’ meetings, and accounts. And if you don’t keep proper records, as a director of the company you will be held personally responsible, so it’s important to know where you stand.”

Tina said for anyone who was the sole director and shareholder of a company, records were just something that had to be dealt with.

“But if there are other people involved, the importance of your company records is greater, as you may need to rely on them if a dispute ever occurs. Minutes of your board meetings will prove beyond a shadow of a doubt what was agreed, and so the records will protect you – this is something to take into consideration even if you don’t believe you are ever likely to disagree with your fellow directors.”

Tina said anyone who detested dealing with paperwork, or who was just too busy to find the time to keep the records up-to-date, could look at alternative arrangements.

“You can now use free or cost-effective software that will guide you through your record keeping electronically, which will reduce the time it takes, and which also ensures your records are in the right format. Or you could appoint an external company to handle your requirements, although this of course will be at an extra cost, but you might decide it’s worth it to have one less thing to worry about.”

Companies have been warned that staff discounts may be a perk of the job but they can quickly get out of hand.

Tina Chander, from our employment law team at Martin-Kaye Solicitors in Telford, said many companies offered discounts on their products and services to their employees, and some also extended the offer to family and friends.

“Some of the biggest names in retailing in the UK are renowned for their amazing staff discounts – with companies like Waitrose, Sainsbury’s and John Lewis offering up to 20 or even 25%. But for smaller companies, what begins as a staff incentive can quickly snowball, and rather than having clear benefits for your business, it can become a nightmare.”

Tina said it wasn’t only companies that widened their offer to their employees’ extended families and friends who were at risk – those who only allowed employees to benefit from reduced rates were also vulnerable.

“You may find your staff agree to buy products or services for other people, and maybe decide to split the difference between them. In this way, your staff are receiving the cash you could have earned from a direct sale. If this is just a one-off, then you may not be too worried about the situation, but if begins to happen regularly, your profits could be hit hard.

“And equally if you open up the scheme to friends and family, your staff may agree to help anyone take advantage of the reduced prices, even people they haven’t met before, as long as there’s a financial benefit in it for them.”

Tina said companies were under no obligation to offer a staff discount to anyone, but if they decided to go ahead, they should have strict rules in place.

“It’s wise to agree that employees must work for you for a certain time before they qualify for a discount, and make it clear they should not personally profit from the scheme or if they do, they’ll risk being disciplined. Put a limit on how many times they can use the staff discount, and reserve the right to change the terms of the scheme or withdraw it at any time.”

Tina said the policy should be regularly reviewed and records of all discounts should be kept to help companies spot any potential over-use. “Everyone likes a bargain and everyone loves a perk, but it’s important to protect your business from people prepared to over-step the mark.”

Companies must ensure they take reasonable steps to protect themselves when key staff move on, a local solicitor has warned.

Andrew Oranjuik, from our litigation team at Martin-Kaye Solicitors in Telford, said it was vital that employers paid careful attention to the wording of each staff member’s contract right from the very start.

“When any new employee begins working for your company, set out in their contract a series of restrictions on how they will be expected to behave if they leave. These rules are called restrictive covenants and they are designed to help safeguard your business by stopping former employees giving away confidential information or stealing suppliers or clients. If you fail to include restrictions like this, your business could be in an extremely vulnerable position, and ultimately, your entire future could be at risk.”

Andrew said it was important though that any restrictions were worded in a way that they were considered “reasonable” otherwise they may not be enforceable.

“It’s clear that any restraints you include must not be excessively wide and they will usually only be valid for a set period of time. And if you include a clause that prevents the employee from working for a competitor, this will only be applicable if the restrictions are clearly in place to protect confidential information that you hold or your precious connections with customers.”

Andrew said if a former employee broke the rules, the employer would often seek an injunction from the court to stop any further breaches.

“This is particularly important if the employee has been dismissed or made redundant, as if there is any bad feeling, you will need to limit the amount of damage they can cause – both to your reputation and your business itself. If there is a major breach of the covenant – perhaps they have poached a key client – you can actually make a claim for damages, including the loss of profit your company has suffered as a direct result of their actions.”

Andrew said companies must also ensure they were vigilant in the period before an employee was due to leave.

“You must watch out for any attempts they make to encourage clients to follow them to their new employment, and look for any unusual activity such as printing or copying databases that could be crucial to your business. Most importantly, keep any evidence you find of any wrong-doing as you may need it if the case comes to court later.

“Introducing restrictive covenants may seem a tough stance to take, but you have to protect your business and the rest of your workforce, so you must take them seriously.”

Teachers’ strikes are making life difficult for parents – and they’re just as problematic for employers too.

Tina Chander, from the employment team at Martin-Kaye Solicitors in Telford, said with more possible strikes in the coming weeks, families and companies across the area would need to be prepared.

“There is often little advance warning that strike action will be taking place, and this is a nightmare for parents who suddenly find they need to arrange emergency childcare. And of course, if there is no alternative, they may well be forced to take the day off from work which in turn causes issues for their employer.”

But Tina warned that employers needed to try to be as flexible as possible in order to help parents handle a difficult 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. If you don’t allow an employee to take time off to care for their child in these circumstances, you could well be breaching their rights so it’s important to handle the request sensitively.”

Tina said companies needed to have a consistent approach when it came to dealing with employees needing to take time off to care for their children.

“Your staff have no automatic legal right to be paid if they can’t get into work, 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.”

Several options are possible if staff are unable to come into work, and as long as an employer is even-handed and applies the same rules across the board, then the system will be seen to be fair.

“Ask your staff to take paid annual leave if they have any left available, or suggest they work from home,” said Tina. “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.

“Strike action is never an easy situation to handle, but by remembering that both parents and employers are affected, and by taking a flexible approach, everything should balance out in the end.”

Landlords could decide to cut their losses rather than chase tenants for outstanding arrears, according to a local solicitor.

Madelene Schofield-Whittingham, who heads up our commercial property team at Martin-Kaye LLP Solicitors in Telford, said chasing up outstanding rent could be a lengthy and difficult process.

“There are many options available to landlords who are concerned their tenants may be struggling to pay their rent. But sometimes it may be more sensible to just recover possession of the building while you still can, before the legal process takes over.”

Madelene said if a commercial landlord was determined to take an official stance, they should think carefully about what steps to take.

“If your tenant paid a rent deposit when they took on the lease, you may be entitled to use this to cover the rent due. And if your tenant has someone who stands as a guarantor to the lease, you may be able to call on them to pay the arrears.”

Madelene also said landlords may in some circumstances be entitled to seize, impound and sell any goods belonging to the tenant, or you could choose a right of re-entry and take back the tenanted property itself – as long as you stay within the confines of the law.

“If you decide to take court action and claim against the tenant to try to recover the debt, this is unlikely to be much use if the tenant is about to become insolvent. But if the property is sub-let, then in some circumstances the main landlord can ask an under-tenant to pay its rent directly to them and cut out the middle man.”

Until your tenant is formally declared insolvent, landlords are entitled to use any of the options available to them.

“After the tenant becomes insolvent, some remedies will only be possible if the insolvency practitioner or the courts give their permission – this is likely to be a long and expensive process, and permission is not always given.

“You may even find yourself in the difficult position of being unable to do anything with the property, with no right to take it back, and with a tenant who is in arrears. This is of course made even worse if you have a new tenant ready and waiting to take a lease on the property.

“Think carefully and take advice about the options available to you before you even start any formal proceedings – you may decide it’s not always worth the stress, cost and time to pursue someone who may never be able to pay up.”

A Telford man has successfully completed a half marathon challenge despite only being given the all-clear to begin training just weeks before.

George Heron is our office assistant at Martin-Kaye Solicitors, in Euston Way, and he ran the Ironbridge Half Marathon in memory of his fiancée’s mum, Pat Downes.

His achievement is all the more impressive as he had been banned from running for five years after problems with his ankles – including surgery to insert metal pins in both joints – and only began training in February.

“After such a long time away from running, I knew completing a half marathon with only seven weeks training would be a huge challenge. But I was confident I could do it and I finished in two hours three minutes, so I’m really proud.”

George has so far raised £400 for Bowel Cancer UK (which is double his initial target) and his effort was particularly poignant as the event took place just days before the fifth anniversary of the death of Zoe’s mum.

“Everyone at Martin-Kaye has been extremely generous with their support, both financial and emotional, and I’m very grateful to all my colleagues, family and friends.”

Martin-Kaye Senior Partner, Graham Davies, said: “Given the difficulties that George has had, running the half marathon is nothing short of a minor miracle.

“We’ve been impressed by his commitment to his goal and it’s great to see him complete such a brilliant challenge all in aid of such a worthy cause.”

www.justgiving.com/GeorgeRunsIronbridge

Martin-Kaye Solicitors have appointed a highly experienced solicitor who is set to impress the business community with his knowledge of the corporate world.

Barry Doherty is a senior corporate solicitor who has many years of experience, and he has now joined the team in Euston Way, in Telford.

Senior partner Graham Davies said: “We are very pleased to have appointed Barry and to have attracted such a capable and committed lawyer. He has previously worked with leading city practices and has an excellent pedigree, so we’re looking forward to him playing a key role moving forward.”

Barry is a former partner of a national law firm in Birmingham, and has been listed in the Legal 500 as “practical and experienced, one to recommend”.

He specialises in all areas of corporate law including mergers and acquisitions, management buy-outs and buy-ins, and trade sales and disposals. He also handles company formations, reorganisations and restructuring, joint ventures, and shareholders agreements.

Barry is a course assessor for the Solicitors Regulation Authority too dealing with continued professional development training to solicitors and other professionals.

He said: “This is a great opportunity for me as Martin-Kaye Solicitors are an incredibly forward-thinking firm, with bright and exciting aims and objectives. I’m keen to make contact and meet up with as many key clients as possible in the coming weeks, in order to establish myself in the local business community, and would like to thank the existing team for all the support they’ve given me so far.”

Barry will be working closely with the rest of the commercial team – John Mehtam, Madelene Schofield-Whittingham, Andrew Oranjuik, and Graham Davies.

Pic: Barry Doherty is the new Senior Corporate Solicitor at Martin-Kaye Solicitors in Telford

Employers from across the West Midlands have been finding out how to avoid the top ten legal blunders that could derail their businesses.

Over 40 employers attended our latest HELP seminar at The Ramada Hall Hotel, in Wolverhampton, run by our employment law team.

They heard from employment law expert, John Mehtam, who took them through the minefield of employment pitfalls and all the latest topical workplace issues.

“We were extremely pleased to see so many new faces at the second in our series of HELP presentations that have now been held in the Wolverhampton area,” said John.

“After opening our new office in the city, it was clear there was a real demand for effective and clear advice that would help employers protect their business in the longer term. HELP stands for HR and Employment Law in Practice, and our events offer a unique opportunity for business leaders to hear from the very best when it comes to tackling topical issues.”

This latest event in the series covered a wide range of topics including: employment tribunal fees and a cap on compensation; employer fines; compulsory arbitration; covert recording; and settlement agreements.

“One of our main aims is always to give delegates advice on how to deal with short and long-term sickness absence and how to avoid ‘open wallet surgery’ when it comes to dealing with claims at a tribunal,” said John.

“Our advice is designed to help employers avoid any difficulties when it comes to dealing with their staff and how to minimise potential ongoing risks to their business.”

Senior Partner Graham Davies said: “We deliberately restrict the number of places available at these events to ensure that everyone who attends gets the chance to be directly involved and that delegates also have the option to ask as many questions as they like.

“The Ramada has proved to be an excellent venue for our seminars too, and we’re looking forward to hosting more HELP sessions in the coming months. In the longer term, we’re hoping to extend our programme of events to the wider West Midlands area too as we’ve seen such a positive response from customers in that region.”

The next HELP presentation is planned for Thursday, June 26, at 5.30pm, also at The Ramada Park Hall Hotel in Wolverhampton.

Property experts at Martin-Kaye Solicitors have welcomed a new face to their team as demand for their services continues to grow.

Simon Jarvis has joined us at our head office in Euston Way, in Telford, after a huge increase in business for the property team thanks to an upturn in the economy.

He has over 10 years’ experience in property law and has handled all kinds of matters in the sector.

“I am very pleased to be joining Martin-Kaye Solicitors as their reputation for delivering high quality customer service is well-known, and I’m looking forward to the challenge of a new role,” said Simon. “I’m particularly keen to build on the firm’s excellent reputation and work closely with the rest of the property team to continue to develop the business still further.”

Simon’s expertise covers a wide range of property matters ranging from domestic purchases of freehold, leasehold, new-build and shared ownership properties, to acting on behalf of major national housing developers to help them acquire land for development.

Senior partner, Graham Davies, said: “We’re very happy to welcome Simon to our property team – his strong skills will prove invaluable and will fit perfectly with the rest of our existing staff. His performance so far has been very impressive, and we’re sure his knowledge and experience will make him a real asset to our team.”

Companies could be paying more business rates than they need to – all for the sake of a tape measure.

Madelene Schofield-Whittingham who leads our commercial property team at Martin-Kaye Solicitors, in Telford, said many businesses would be unaware they were actually paying too much.

“You’ll find the current rateable value figure for your premises on your annual rates statement, or you can check it on the Valuation Office’s online database. But importantly, you should look closely at the description of your premises which is also included on the database because this is where mistakes could occur.

“The website will list your floor area, what the premises are used for, and the date on which they were last valued, as each of these elements affects the rateable value and so directly impacts on the amount of business rates you pay.

“Start with the basics – are the measurements correct? Don’t just assume they’re right – measure the space for yourself and double check. And has the Valuation Office included an accurate description of what your premises are used for? Maybe they have your premises listed as a shop but you actually use the property as offices?

“Check too whether similar premises in the area may have a lower rateable value than yours. There may be a good reason for this – perhaps they have a different frontage or access, but it’s wise to make the comparison in case you’re missing an opportunity to bring your rate down.”

Madelene said companies could check the value of neighbouring buildings by putting the postcode into the database.

“You need to consider though that if you’ve made changes to your premises since the last valuation took place, the rateable value may actually increase – and if you appeal, the local council will inspect your property which could mean you end up paying an increased premium.

“If you believe you have a genuine case, you can appeal to the local authority for a reduction in the rateable value, but you’ll need to be sure of your facts first. There are specialist rating firms that can help negotiate a reduction, but that will obviously cost more money – so by checking the details carefully yourself, you could save your company vital cash.”

The World Cup is expected to plough big money into the economy over the coming weeks – but companies were today warned to get their workplace policies in order to avoid scoring an own goal.

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.

Tina Chander, employment law specialist from Telford-based Martin-Kaye Solicitors, said: “With the competition being held in Brazil this year, the four-hour time difference means this may not be quite such a big issue for UK companies.

“Most of the matches will not be kicking off until 5pm or later, which will avoid the peak of the day for many businesses. But it is still important for managers to make sure they have rigorous policies in place, and that they are communicated clearly to all staff.”

She added: “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 such issues as time off, sickness absence, or even time spent watching TV and monitoring social media.

“A more flexible approach is not always possible, however, for many 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.”

Tina added: “As an employer, you have to make the right decisions for your business. Being flexible will help to motive and engage workers, but you still need to keep your customers happy. The vast majority of workers will understand this, and appreciate openness and honesty.

“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.”

Company directors have been urged to consider what will happen to their business if they’re no longer there to run it.

Graham Davies, senior partner at our head ofice in Telford, said most business people were fully aware of the need to have a will in place to clarify their wishes after their death.

“But a company is a completely separate entity to your personal assets, and so can’t be disposed of through your will. If you die, your company will continue to exist, and it can either carry on or be wound down – any company shares though will count as a personal asset and can of course be passed on through your will.”

Graham said most small companies were run by sole directors, spouses or family members which made it all the more important to leave instructions for how the business should move forward.

“If your spouse or relative hasn’t previously been regularly involved in the day-to-day operation of your company, they could have real difficulties in knowing what to do if the main director dies. Sadly this kind of circumstance happens more often than it should, leaving the company in trouble and the family missing out on valuable income.”

Graham said directors should consider not only a personal will, but some form of company will too.
“This doesn’t need to be complicated – you can simply put together a ‘letter of instruction’ for the executors of your personal will.

“Set out how your company is run on a daily basis, and include the details of the main professional advisers you use. Give details of the company’s current assets and liabilities, and offer advice on who should run the company until all the formalities are completed.

“You do need to bear in mind though that a letter of instruction or any other documents you leave can always be ignored. As the company is separate from your personal assets, your letter is not legally binding so your guidance doesn’t necessarily have to be followed.

“But equally such a letter could prove invaluable at what would be an incredibly stressful time, and although you might think it’s a morbid subject, it’s a sensible step that could save a great deal of difficulty if the worst should happen.”

Lawyers from Martin-Kaye Solicitors are to expand an innovative business support scheme that’s already achieving nationwide success.

The firm runs an employment and human resources support service called Alpha, which is marking its fifth anniversary this month. It was launched following extensive research and has been designed to deliver tailored support to businesses all over the UK.

Senior Partner, Graham Davies, said: “Our research showed that many companies were unhappy with the national firms and consultancies they were working with when it came to employment and HR support.

“They didn’t like the idea of being tied-in to a long-term contract, and they felt there was a lack of personal service when they needed it most.

“We found that companies also felt any advice they did receive was generally non-committal and watered down, possibly to avoid running the risk of an insurance claim.

“So we decided to tackle the issues and created Alpha to fill a genuine gap in the market, and our service has gone from strength to strength ever since.”

Graham said since Alpha was launched, over 150 companies had signed up to receive support – most have joined following recommendations from existing members, and some clients come from as far away as London and the North East.

“We don’t ask companies to sign a long-term agreement, but despite no formal tie-in, our renewal rate is over 98% which is testimony to the flexibility and effectiveness of the support we offer.

“Our aim now is to build on the strong foundations we have in place to increase the number of companies benefiting from our Alpha package, and to reach out still further to more companies even further afield.”

The Alpha service offers fixed price legal support 24 hours a day, seven days a week, and the employment and human resources advice is tailored to suit each individual business.

Martin-Kaye’s employment law specialists focus on delivering robust and clear advice that minimises the risk of tribunal claims, and all at a competitive price.

Company bosses will be offered tips on how to avoid falling into a growing number of discrimination traps at a special evening seminar this week.

The Ramada Park Hall Hotel at Goldthorn Park, in Wolverhampton, is hosting the latest in a series of ‘HELP’ sessions staged by law firm Martin-Kaye Solicitors, based at Bredon House on Tettenhall Road.

This third presentation, which starts at 6pm on June 26, is titled ‘Discrimination Traps for the Unwary Employer’, and follows previous events looking at topics such as compensation, covert recording, and settlement agreements

Our senior partner Graham Davies said: “Discrimination is one of the most rapidly expanding areas of employment law at the moment. There are a staggering 74 different varieties of discrimination for companies to bear in mind, and it’s clear from the raft of employment tribunals that businesses are more vulnerable than ever.

“The presentation is designed to bring Wolverhampton businesses up to date with the legislation, and equip them with the tools needed to ensure they comply with the rules, and avoid the pitfalls.”

The seminar will be run by members of our employment law team including John Mehtam, who said: “The HELP scheme stands for HR and Employment Law in Practice.

“After expanding our business to open a new office in Wolverhampton, it was clear there was a real demand for effective and clear advice that would help employers protect their business in the longer term. Our advice is designed to help employers avoid any difficulties when it comes to dealing with their staff and how to minimise potential ongoing risks to their business.”

Places at the session are deliberately limited, to ensure that everyone who attends gets the chance to be directly involved and ask as many questions as they like. To find out more, or to reserve a place, call June Noto on 01952 272222 or email junenoto@martinkaye.co.uk

A Telford lawyer has taken a step up by being made an Associate at Martin-Kaye Solicitors.

As well as her new title, Janet Hawley has also been promoted to the role of Deputy Manager of the residential property department at our head office in Euston Way, Telford.

“I’m extremely proud to have been given this opportunity and I’m very grateful to the senior management team for the chance to play a more active role in the way the company moves forward,” said Janet.

“My aim now is to help increase the turnover and profitability of the residential property department still further, and support the team manager in the day-to-day challenges of running such a busy area of the business.”

Janet joined Martin-Kaye Solicitors in 2007 as an Assistant Solicitor, and her responsibilities include leading a team of staff dealing with a large caseload of all types of property cases, including freehold and leasehold sales, and property purchases nationwide.

Our senior partner Graham Davies said: “We’re very pleased that Janet has taken on this new role, and we believe her experience will prove invaluable in helping to develop a focused and targeted strategy for the future.

“Our property team has had a very successful year so far, and demand for their services is continuing to grow right across the UK. So Janet will be working closely with other senior members of staff to ensure we deliver the very highest levels of customer service at all times, and that our growing reputation continues to flourish.”

Company bosses from across the West Midlands have learned how to avoid the pitfalls of discrimination in the workplace, thanks to our employment law experts.

We held the latest in a series of seminars at The Ramada Park Hall Hotel in Goldthorn Park, Wolevrhampton, and over 30 businesses attended.

The HELP presentation – HR and Employment Law in Practice – was the third session of its kind, and followed previous events which covered topics such as compensation, covert recording, and settlement agreements.

Our Senior Partner, Graham Davies, said: “Discrimination is one of the most rapidly expanding areas of employment law at the moment, and our advice was extremely well-received. The feedback from our delegates has been incredibly positive, and we’re now already planning the fourth and final session in our series which will take place in September.”

Guest speaker on the day was Dr Mirza Ahmad, from St Philips Chambers in Birmingham, who explained there are a staggering 74 different varieties of discrimination of which companies need to be aware.

“It’s clear that businesses are more vulnerable than ever and the aim of our seminar was to bring local companies together so they could benefit from our expertise,” said Graham.

“And now, with such a successful series of seminars in Wolverhampton almost at an end, we are planning to run similar events in Telford and other parts of the Midlands, in order to arm businesses with the tools they need to protect themselves and to comply with ever-changing legislation.”

Graham said the HELP seminars were introduced after Martin-Kaye Solicitors opened their office in Wolverhampton and recognised a clear demand for effective and appropriate advice from the local business community.

“The HELP seminars have been widely recognised as an excellent addition to the business networking calendar in the Wolverhampton area, and we’re looking forward to seeing more employers at the September session.”

Pic: Guest speaker Dr Mirza Ahmad at the Martin-Kaye Solicitors HELP seminar with senior partner Graham Davies

Employers are facing up to a weighty new employment issue – what to do if they feel obesity is preventing a worker from carrying out their duties efficiently.

Martin-Kaye Solicitors says bosses could soon have to start making more allowances for overweight staff after the European Court of Justice ruled it could be considered a ‘disability’.

Europe’s top court had been called in to rule on the issue of Danish childminder called Karsten Kaltoft, who weighed 25-stone, and said he was sacked by his employer. The court was asked to rule on the legality of the case, and it decided that anyone with a Body Mass Index of 40 or more could be considered disabled if the obesity had a real impact on their ability to work.

“British law gives protected employment rights to people who have a registered disability, but the question of whether this should include obesity has never been raised,” said Martin-Kaye employment law specialist Tina Chander.

“This European court ruling could have significant implications for employers. For example, they may have to start considering whether staff need parking spaces closer to the front door, specially adapted desks and chairs, or a change in their duties to reduce the amount of walking or travelling.

“This test case has been considered especially significant because of rising obesity levels across the UK. A survey in England in 2012 found that more than half of adults were technically obese or overweight.”

It was reported that Mr Kaltoft’s employer, Billund Kommune, sacked him because he was deemed unable to perform his duties due to his size, citing the fact that he required help from a colleague to tie up children's shoelaces.

The European Court of Justice were asked to decide whether obesity is covered under the EU's Employment Equality Directive, which outlaws job discrimination on grounds of disability.

Tina said: “This doesn’t just impact on existing staff. Employers will have to carefully consider how they go about conducting job interviews, making sure they are not guilty of discriminating against candidates on the back of first impressions over their size or shape.”

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