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Cutting corners could be costly

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Choosing a family member to handle your estate after you die could be a recipe for disaster, according to a family law expert.

Fiona Mainwaring is the probate specialist at Martin-Kaye Solicitors, in Euston Way, and she said research had shown more and more claims being made that wills had been mishandled.

 “The High Court has revealed that claims have more than tripled over the last year – from 107 to 368 in just 12 months – which is a huge increase in such a short time. The claims cover a range of complaints including executors stealing assets, committing fraud when it comes to distributing the assets, and favouring certain beneficiaries over others.

“It can’t just be a coincidence that the number of claims are on the rise at the same time that many people are appointing family members or friends to act as executors and trustees rather than appointing solicitors.

“So even though it may seem to be the more cost effective option, you could face even bigger costs in the long-run if you have to use the courts to get the assets back following a mistake or even theft by the executor.”

Fiona said with a high value estate, some executors may be enticed by the amount of money involved and be prepared to take big risks so that they benefit themselves. And others may be tempted to ‘misinterpret’ the will on purpose, to enable one beneficiary to receive more than someone else.

“In today’s world of blended families, relationships are becoming increasingly complicated, and the executor may believe one side of the family is entitled to more than the other. If they do decide to distribute the assets however they like, they will be failing in their duties as a legal executor, as they should be following the wishes of the person who has died as set out in their will.”

Fiona said the risk of things being handled badly would only increase as more and more people decide to handle probate themselves rather than taking expert legal advice.

“Obviously not everyone will have their own agenda when it comes to being the legal executor of a will, and the vast majority of people will take the responsibility seriously and carry out their duties just as they should be done.

"But whether it’s through a lack of understanding or actual fraud, there will always be someone who fails to carry out the task correctly.”

Eliot returns to the fold

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A Midlands law firm has welcomed back one of its former trainees, to take up a senior post in its corporate commercial department.

Eliot Hibbert has rejoined Martin-Kaye Solicitors in Telford, where he began his career in the legal profession just under a decade ago.

The 35-year-old, who lives in Oswestry, has since gained experience with Aaron & Partners in Chester, Harrisons in Welshpool, and GHP Legal in Wrexham and Oswestry.

“It is a great pleasure for me to return to the firm which launched me in my legal career,” said Eliot, who will be one of Martin-Kaye’s commercial law specialists, based at Euston Way. “I’m looking forward to the challenges of managing the team, and working in a proactive environment, using the skills I have gained on a broad mixture of commercial property and general commercial work.”

Eliot, who grew up in Mid Wales, qualified in the corporate commercial department at Martin-Kaye in 2006 during his first stint with the company.

Our senior partner Graham Davies said: “We are delighted to welcome Eliot back into the fold. We know from his previous time with us that he is a great problem solver, and a person who is very easy to deal with.

“He has gained experience handling major commercial transactions valued at many millions of pounds, and also has valuable knowledge of the agricultural side of the Shropshire economy. We believe his impressive skills will mean he fits right back into the team, and that he’ll play a key role in building on the strong client relationships we already have in place.”

Pic:    Eliot Hibbert has returned to Martin-Kaye Solicitors in Telford

Directors' duties - just what do they mean?

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 Company directors are being invited to update themselves on the latest legislation at a special breakfast briefing in Telford.

One of the UK’s leading commercial law barristers, Mohammed Zaman QC, will be the guest speaker at the event on September 11.

Directors – Do You Know Your Duties?, has been organised by Telford law firm Martin-Kaye, and is being held at the company's headquarters at The Foundry, Euston Way, starting at 8am.

“Many people take a seat at the boardroom table without appreciating the full responsibilities of the role, or keeping abreast of changing rules,” said Martin-Kaye commercial lawyer Andrew Oranjuik.

“Mohammed Zaman is one of the best commercial law barristers in the country, and is renowned for his intimidating cross-examination skills, and his own unique and entertaining presentation style.

“So much complex legislation which could impact on company directors has been introduced in recent years, and it is sometimes hard to keep track. And in reality, if you don’t comply with the legislation, you could ultimately face serious consequences, so it really is crucial to be well-informed.

“The aim of this breakfast briefing is to give people the chance to update themselves on all the latest rules, from one of the best in the business, and to learn from shared experiences.”

Places at the seminar are limited, and anyone wanting to reserve their spot should call June Noto on 01952 272222, or email junenoto@martinkaye.co.uk.

“This is a rare opportunity for Shropshire businesspeople to meet and learn from one of the experts in his field, on their own doorstep. And who can afford to miss out on such invaluable advice when the consequences of getting it wrong could be so drastic?”

Gemma takes an unusual route

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Experts at Martin-Kaye Solicitors have welcomed a new colleague to their growing team who has taken an unusual route into the legal profession.

Gemma Himsworth, who has been appointed by the law firm in Euston Way, now specialises in family law, but she hadn’t always intended to follow that career path.

“I actually have a first class honours degree in Theology from Cambridge, but I then decided to choose a career in law so I initially worked as a legal secretary while I completed my law qualifications.

“I’ve specialised in family law for over eight years now, and the best part of my job is that I get to deal with legal principles that can often be extremely complex, but I also get the chance to meet a huge variety of people too.

“In the world of family law, you’re dealing with everyday issues that can affect anyone, and it’s incredibly rewarding when you get a good result for someone over an issue that directly affects their personal life.

“I’m very proud to work for Martin-Kaye Solicitors because I wanted to work for a modern forward-thinking firm that was professional but friendly at the same time. It’s a pleasure to work in such a close knit and welcoming team, particularly one which provides clients with such an excellent service.”

Senior partner Graham Davies said: “Gemma has fitted into the team extremely well, and we’ve all been impressed with her approach and enthusiasm. Working in family law means dealing with clients who are going through some difficult life experiences, and it’s important that we deliver legal advice and support that really does make a difference to their circumstances.”

Martin-Kaye’s family team are experienced in all aspects of matrimonial and family law, and will explore all avenues in order to resolve disputes swiftly, amicably and cost effectively. They are particularly experienced in dealing with the complexities of dividing assets after a relationship has broken down, especially where businesses, pensions, trusts and investments are involved.

Pic:    Gemma Himsworth has joined the family law team at Martin-Kaye Solicitors

Breaking the rules is a big mistake

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 Companies caught breaking direct marketing rules could find themselves facing hefty fines as a growing number of authorities clamp down on offenders.

Local authorities, trading standards departments, and the Information Commissioner’s Office are all now pursuing firms which are flouting, or ignoring the law. It has been sparked by a rise in the number of small businesses cold-calling people who have registered with the ‘do not call’ list, run by the Telephone Preference Service.

Eliot Hibbert, from Martin-Kaye Solicitors in Telford, said: “The TPS is the official central opt-out register that allows people to indicate their preference not to receive unsolicited marketing calls.

“If a company ignores the list, even unknowingly, it will be in breach of the law, and it is clear that a growing number of organisations are prepared to prosecute.”

Eliot said: “Historically, it has usually been the Information Commissioner’s Office that investigates breaches of the rules, and it still has the power to impose fines of up to £500,000. But in the past few weeks, councils and trading standards departments have also been showing far more of an appetite for bringing prosecutions too.”

Apple Group Holdings Limited is one of the companies successfully prosecuted by trading standards officials, for continuously cold-calling people. The company, with offices in Dorset, Devon, Hampshire and the Isle of Wight, received a £36,000 fine. This successful prosecution, which is believed to be the first of its kind, could prompt other councils to take similar action,” Eliot said.

“It also means that individuals may also be more inclined to approach their local council about unwanted telephone calls, rather than the Information Commissioners Office.

“So what should a company do, to steer clear of the pitfalls? As always, if you follow the rules, you have nothing to fear. But the relevant legislation can be a minefield.

“If you undertake direct marketing of any kind, or you are thinking about doing so for the first time, it is worth downloading the free guidance details from the Information Commissioners Office.

“It explains how to comply with the Privacy and Electronic Communications Regulations, and how to screen telephone numbers against the TPS register. Follow its guidance to the letter, and you won’t go far wrong.”

Is outsourcing a good idea?

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A growing number of companies are outsourcing non-core services in an effort to save costs – but are they considering the potential pitfalls? - that's the question posed by our senior partner Graham Davies.

He said: “When it is done well, outsourcing can save you money on things such as physical overheads and payroll costs, and allow you to focus more carefully on offering a higher quality core product or service.

“It can also, sometimes, give you access to new technology or working systems without the need to invest heavily in the equipment yourselves. But there are some major pitfalls too, which companies must consider carefully before heading off down the outsourcing path.”

Graham explained: “Firstly, if the process is not managed properly, it could harm your company’s reputation. If the goods or services being provided on your behalf are not up to your usual standards, or are arriving late, then it is your image which will suffer, and not that of your supplier.

“It could lead to a rise in complaints, and ultimately end up costing you money through lost business or a tarnished reputation. It is always wise to insist on a test period with any chosen provider, retaining the right to cancel the agreement with immediate effect.

“Thorough research and a smooth handover period is essential. Don’t take at face value what the firms pitching for your business tell you – if they claim to have well trained and experienced staff, find out how they can prove it. I always think it is sensible to see their operation in full swing before putting pen to paper, and you should also ask for client testimonials.”

Graham said it was also important for businesses to remember that, although they may be outsourcing services, they remained legally responsible for the security of any personal data involved.

“Always enter into a written contract with the outsource company which specifies that they may act only on your instructions, and will take reasonable steps to prevent the unlawful or unauthorised processing of personal data.”

E-cigarettes warning for employers

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Employers could be powerless to stop workers from smoking e-cigarettes in company cars, even if they have an official ‘No Smoking’ policy in place, a Shropshire employment law specialist warns.

Rules introduced seven years ago to ban the smoking of tobacco in company cars does not cover inhalation of vapour in fast-growing electronic cigarettes, explained Tina Chander, of Martin-Kaye Solicitors in Telford.

“The legislation relating to smoking in vehicles, introduced in 2007, stated that smoking was banned in all vehicles used primarily for business purposes by more than one person.

“There are various penalties for this, but employers who flout the rules could face a fine of up to £2,500. But these regulations refer specifically to the act of smoking tobacco, rather than the inhalation of vapour, which is created by an e-cigarette. And that means it is possible, under the 2007 legislation, to use them legally in a company-owned vehicle.”

Tina added: “However, if your employee is one of the estimated 2.1 million e-cigarette users in the UK, a company’s hands are not completely tied.

“If your company’s no smoking policy does not cover the use of e-cigarettes, you can still warn the driver that such behaviour will not be tolerated in future, then make amendments to your rules. You can justify this change on the basis that holding an e-cigarette while driving is a potential distraction and therefore a serious health and safety issue.

“The number of e-cigarette users is growing fast, so if you are unhappy with the idea of company car users smoking them, it is worth checking out your small print as soon as possible.

“While the law of the land is clear on the smoking of products with tobacco or tar, creating carbon monoxide in the process, it is less black and white for people who are not puffing on the real thing.”


Pensions rules could be costly

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Companies could be hit with bills totalling tens of thousands of pounds if they are failing to automatically enrol staff into workplace pension schemes.

New rules mean every employer must enrol workers into a workplace pension scheme if they are aged between 22 and state pension age, and earn more than £10,000 a year.

And employment law expert John Mehtam, of Martin-Kaye Solicitors in Telford, said there were some hefty fines being lined up for companies which were failing to comply.

“Fines of £400, plus a further £50 per day, can apply to a company which is not complying with its auto-enrolment duties,” he said. “For now, the regulator will probably forego them if you prove you are acting quickly – but the honeymoon period is not going to last forever.

“Last year, household goods chain Dunelm found itself on the wrong end of the pensions regulator’s enforcement action after a report said it had failed in its auto-enrolment duties.

“It could have landed the company with hefty fines, and action could have also been taken against directors. But Dunelm acted swiftly to put matters right and the company and its directors walked away red-faced, but scot-free. It goes to show, though, that no company is too big, or too small, to be targeted.”

John said: “The regulator wants to see businesses beginning the planning process a year ahead of when they legally need to register. If your company is late starting the process, the most important thing is not to stick your head in the sand. Contact a pensions professional – or the regulator – to find out the most efficient way of getting on track.

“Remember, directors can be held personally responsible for any failures to comply with the rules, if it can be shown that they were aware of the situation. And in the most serious of cases, that can mean criminal proceedings.”

The automatic enrolment system began at the beginning of October 2012 with staff who work for the biggest businesses, with others being signed up over the following six years. It means millions of workers in the UK will see a slice of their pay packet being automatically diverted to a savings pot for their retirement.

Employers are obliged to pay into the fund as well, with the government adding a little extra through tax relief. Workers who already save in an existing pension scheme, or are self-employed, will not be signed up.

Directors learn the ropes

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More than 30 company directors took the opportunity to hear from the experts at a special breakfast briefing in Telford.

Leading commercial law barristers, Mohammed Zaman QC and Shakil Najib, were the guest speakers at the presentation hosted by local law firm, Martin-Kaye Solicitors, at their offices in Euston Way.

The event was called: “Directors – Do You Know Your Duties?”, and the aim was to help anyone taking a seat at the boardroom table fully understand the responsibility they were being given.

Martin-Kaye commercial lawyer Andrew Oranjuik said feedback from the delegates who took part had been incredibly positive, and they had already asked the firm to deliver more events in the future.

“Our speakers certainly created a lively and vibrant atmosphere on the day, and delegates were impressed by their wide ranging knowledge and expertise. Many people take on the mantle of ‘company director’ without appreciating fully what the title involved, and they underestimate the need to keep up with ever-changing legislation.

“Our guests were certainly left in no doubt about what they were letting themselves in for, and heard that failing to comply with the rules could ultimately bring some very serious consequences.”

Andrew said Martin-Kaye Solicitors had deliberately restricted the number of places at the seminar so that everyone taking part had the chance to play an interactive part.

“It’s important for us that delegates are able to interact directly with our guest speakers, in order to learn as much as they possibly can while they’re with us – too many delegates sometimes means it is difficult to make your voice heard.”

The law firm is now planning a schedule of future events based on topics requested by delegates including corporate manslaughter and health and safety issues.

HELP is on its way

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Are you worried your staff are under performing? Need to know more about how you can step up discipline in the workplace? Martin-Kaye Solicitors has all the answers you’ll need.

We're hosting our latest seminar in a long-running series at The Ramada Park Hall Hotel, Goldthorn Park, Wolverhampton, on Thursday, September 25, at 6pm.

Led by our employment law specialist, John Mehtam, the event is the most recent HELP presentation to be unveiled which is designed to help local employers get to grips with even the most stressful of situations.

“HELP stands for HR and Employment Law in Practice, and our aim is to equip employers with all the skills and knowledge they will need to tackle the trickiest of dilemmas in the workplace,” said John.

“This latest seminar will not only cover under performance and discipline, but also grievance procedures which can be a minefield, particularly given the ever-changing legislation.

“We’ll share our expertise and prepare employers so that if they face such a situation, they will be able to put their new skills into action and manage any issues effectively and appropriately.”

John said the HELP presentations had been warmly received by the local business community and had covered a wide range of topics.

“We’ve also deliberately restricted the number of delegates at each session, so that everyone who attends gets the chance to play an active and purposeful role in the discussions.

“Fewer delegates means more opportunity to interact with our experts and the chance to ask direct questions particular to each company’s circumstances.

“No matter how well-run your business is, problems with discipline, grievances and under performance will arise from time to time, and it’s vital that employers are well prepared in advance.”

To register their attendance at the event or to find out more about HELP seminars, employers should email junenoto@martinkaye.co.uk, or call 01952 525951

HELP is at hand for local firms

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Companies were offered expert advice on stepping up discipline in the workplace at the latest in a series of seminars organised by Martin-Kaye Solicitors.

The firm, which has offices in Telford and Wolverhampton, held the latest seminar in its long-running series at The Ramada Park Hall Hotel in Goldthorn Park.

The event was led by the company’s employment law specialist, John Metham, who said: “It was another hugely successful evening, where every seat was taken. This latest chapter in our HELP series – standing for HR and Employment Law in Practice – was designed to equip companies with the tools to deal with even the most stressful of situations.

“Our speakers covered issues around staff under-performance and discipline, as well as grievance procedures, which can be a minefield given the ever-changing legislation. No matter how well a business is run, problems with discipline and under-performance arise from time to time, so we were delighted that so many local companies came out to take advantage of some one-to-one time with experts.

“Our HELP presentations, covering a wide range of topics, continue to be warmly received by local businesses, and we will be announcing more dates and venues soon.”  

We deliberately restrict the number of delegates at each of our HELP sessions, so everyone who attends has the chance to play an active and purposeful role in the discussions.

“Fewer delegates means more opportunity to interact with our experts and the chance to ask direct questions particular to each company’s circumstances,” John said. “This is why we believe companies feel they get so much out of attending.”

Pic:    At the seminar are, from left John Mehtam (Martin-Kaye Solicitors), James Jagpal (Operations Manager at The Ramada Park Hall Hotel) and     Graham Davies (Martin-Kaye Solicitors)   


Will writing is a serious business

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Families are being urged to take extra care with the writing of their wills after the Ministry of Justice resisted calls to regulate the industry.

Wills and probate specialist Fiona Mainwaring, from Martin-Kaye Solicitors in Telford, said people should make certain their final wishes are heeded by using a firm of solicitors.

Changes to will-writing rules have just come into effect, but the Ministry of Justice has made it clear that it is not in favour of any form of regulation for will-writing.

The Legal Ombudsman had called for a voluntary complaints scheme to cover the growing number of unregulated wills and probate providers.

But the Ministry said “other options should be explored first, including better guidance for professionals and making better use of existing consumer information and protection”.

Fiona said: “The Law Society has been expressing concern for some time about the absence of regulation for will-writing and the damage this could have on the public. Anyone can set themselves up as a will writer, so it is important to distinguish between those who are unregulated, uninsured and untrained, and solicitors who are highly trained in this area.”

She added: “Anyone of any age who has assets, such as a house, savings or a business – or people they want to ensure are looked after – should make writing a will a priority.

“Not making a will can cause many months of grief for your loved ones. Talking about death and planning for the worst can feel uncomfortable, but you need to consider how much worse the situation would be if you died, or became too incapacitated to put your wishes down on paper.

“The latest law changes include amendments to the definition of a person’s individual personal belongings, and alterations to the rules over who can make a claim against a person’s estate. It is vital that your will writer is on top of all these issues.

“Anyone in doubt about a will writer’s qualifications can check out the Law Society’s ‘find a solicitor’ website, which lists 140,000 solicitors, by practice name, and location.”

Who is the rightful owner?

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Companies who commission a supplier to create a product or design now need to take steps to protect their interests.

Graham Davies, senior partner at Martin-Kaye Solicitors, in Telford, said a seismic shift in the rules on intellectual property had completely changed the face of business.

“Previously, when a design was commissioned, the legal owner was the person who asked for it to be created, not the designer. But now the Intellectual Property Act 2014 has totally reversed the position, unless you stake your claim in the initial contract with the supplier.

“So whether you’re looking for a design for an industrial product, packaging, a logo, a new typeface in a brochure, graphic symbol or a part that will be used in a more complicated product, you need to know how the new rules apply.”

Graham said the Act came into force at the start of October, but would not be fully in place until the end of 2015.

“From now on, if your company commissions a design, you need to make sure that the contract declares you are its legal owner. You may well find that design companies will charge extra for the intellectual property rights, but that really will be a small price to pay compared to losing control of the design altogether.”

Graham said the idea behind the rule change is that for some time the Government was concerned that smaller companies were at a disadvantage when it comes to protecting their IP rights.

“All the law covering intellectual property was actually quite old, and so the new Act has been introduced to level out the playing field.”

But he stressed that any designs created by employees while they work for your company would remain the property of the employer at all times, with no change to that area of the law.

“So whether you’re creating a design for someone or you’re commissioning someone else to create something for you, it’s clear you need to know how the new rules affect your rights – don’t leave it to chance.”



Should your employees really be here?

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Employers who fail to check whether temporary staff have a legal right to work in Britain could face fines of up to £20,000.

And employment law expert John Mehtam, from Martin-Kaye Solicitors in Telford, said turning a blind eye to the situation was no solution.

Under the Immigration, Asylum and Nationality Act 2006 requires every employer to prevent illegal working in the UK.

“This means it’s an employer’s responsibility to check that any potential staff have permission to work here, and the employer must also retain the documentation to prove it. If you do recruit someone or continue to employ someone who fails to provide proof that they are entitled to work here, you could face a civil penalty of up to £20,000.”

John said the documentation required was split into two lists – list A and list B. “If your potential employee has no restrictions on their right to work in the UK, they should be able to easily produce a document or a combination of documents from list A.

“But if there are restrictions – maybe they’ve been given a time limit to enter or remain – they won’t have the documents from the first list, so they’ll need to resort to a document or specified combination of information from the second list as set out by the Home Office.”

John said if an employer used an agency to hire temporary workers, the situation was slightly different. “As long as the agency worker remains employed by the agency throughout their contract, it’s the agency’s legal responsibility to check their work status. But don’t just assume that the agency will have done the checks.

“Always ask for written confirmation that the agency has investigated the employee’s status before they took them on. And if they are unable or unwilling to give that reassurance, you should start delving deeper as this could be a cause for worry.”

If an employer uses an agency to recruit an employee who will be working directly for their company, it’s once again the employer’s job to carry out all the right checks.

“Ask for the relevant documents in the offer of appointment letter you send to the employee, stressing that the offer is purely conditional on them having the right to work in the UK.

“Failing to protect your company when it comes to taking on temporary workers is a risk you can’t afford, so it’s vital you make sure all the paperwork is in order before they set foot in the workplace.”

How would your business cope?

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 Ebola is claiming thousands of lives and wreaking economic chaos across Africa, and Midlands firms are being asked: “Are you geared up to cope in a major crisis?”

There are three key areas which employers need to examine, according to our employment law specialist, John Mehtam.

“Many organisations don’t pause to think how they will cope in the event of a major disaster or epidemic, thinking it will never happen to them.

“Right now, Ebola is in the news in Africa, but closer to home, we have had two recent outbreaks of foot and mouth disease, the swine flu pandemic of 2009, the volcanic ash disruption which caused air travel mayhem the following year, and now the bird flu outbreak in Yorkshire.

“Businesses need to consider their duty to protect the health and safety of staff, methods of dealing with potential staff absence, and how the possible suspension of ‘normal’ working practices will impact on people’s contracts of employment.”

Mr Mehtam, based at Martin-Kaye’s headquarters in Euston Way, Telford, said: “Companies have a duty to keep staff informed about any risks of possible outbreaks of disease, and take steps to ensure there is good hygiene.

“Many companies in the region have loyal staff who will struggle into work, even when they are not feeling 100 per cent.

“Managers might want to think about whether they should change their approach, and ask them to stay away, or offer them the chance to work from home.

“A well-advertised sickness policy might also help employers to reassure healthy, but worried staff, that work is relatively safe.

“Employers should also identify staff that could stand in for one another in the event of illness, as well as putting back-up plans in place. This might involve lining up potential external contractors.

“And managers must also bear in mind that the suspension of ‘normal’ working practices might mean the company needs to either amend contracts of employment, or suspend normal practices around returning to work, sick pay, or leave to care for dependant relatives.”

Fathers need help when it comes to paternity leave

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New fathers are struggling to afford time off work to be with their babies because the statutory pay for paternity leave is so low, it is claimed.

Shropshire law firm Martin-Kaye Solicitors says one in three fathers are being forced to use their annual leave, instead of relying on paternity pay, to afford time off with their growing family.

John Mehtam, from the firm's employment team in Telford, said: “The statutory weekly rate of ordinary paternity pay currently stands at just over £138, before tax. This is just half the weekly salary for someone who is on the national minimum wage.

“It explains why, according to a survey for Mumsnet, more than one in six fathers take less than a week off work following the birth of their child. Of these, two thirds said it was because of financial issues, while a quarter were unable to secure time off from their employer.”

John said: “If you have been with your employer long enough to qualify for paternity pay, you must tell them that you intend to go on paternity leave at least 15 weeks before your baby's expected due date – otherwise, they are within their rights to turn you down. And if you change your mind about when you want to take paternity leave, the law says this can be done – but you need to give your employer 28 days' notice of the changed date.”

Several major companies, including PWC and Deloitte, have drawn up enhanced paternity packages in recent months. But they are in the minority, with only one in six companies currently topping up the statutory minimum paternity payment.

So what can you do if your employer doesn’t think they need to sanction paternity leave, or you feel they’re not paying the right amount?

John said: “Firstly, talk to your employer and make sure you get a written explanation. If that doesn’t work, you may have to make a formal complaint, or speak to your trade union or employees’ representative, if you have one. And you can also call HM Revenue & Customs employee's enquiry line for advice. The number is 0845 302 1479.

“In an ideal world, though, it is best for employers to offer flexible working arrangements which can be adapted to suit both parties, because a happy workforce is always a more productive workforce.”

School support package unveiled

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A Midlands law firm has launched a new package of support designed to help schools and colleges take a more hands-on approach to human resources issues.

Award-winning Telford practice Martin-Kaye Solicitors has tailor-made its new HR Care For Education package for schools, academies, and colleges.

John Mehtam, from the company’s employment law team, explained: “The education landscape has changed significantly in recent years, with schools being encouraged to become more self-managing.

“When it comes to topics such as absenteeism, performance and recruitment, schools and colleges are now expected to handle these issues themselves, when previously they would have been handled by the local education authority.

“This is placing extra pressure on headteachers, principals and their support teams who are now facing the challenge of dealing with the stresses of HR for the first time.”

John said: “We acknowledge that for many schools, employing a full-time HR professional is expensive and unfeasible. Using the Martin-Kaye package allows schools to ensure that all HR matters are dealt with in an efficient manner which is fully legally compliant, without the burden of a full-time staff salary.

“And schools which sign up to the programme receive a free employment audit from the Martin-Kaye team, plus access to complementary services such as payroll support, training, occupational health and employment law advice.”

He said: “Our HR Care for Education package provides support and advice for schools as and when they need it, at a cheaper rate than employing an in-house HR professional. And it means schools can concentrate entirely on delivering high quality education to students while our experts deal with any HR issue that might be required.”

Martin-Kaye Solicitors is an award-winning law firm with offices in Telford and Wolverhampton, handling a wide range of issues including high value deals, heavyweight commercial litigation, complex employment law issues and commercial property transactions.

The independent firm has been in business for nearly 30 years delivering specialised services to all kinds of companies across the UK, and its Telford headquarters is one of the largest legal firms practising under one roof in the Midlands region.

To find out more about the HR Care for Education package contact John Mehtam on 01952 272222, email johnmehtam@martinkaye.co.uk or visit www.martinkaye.co.uk

Landlords get a helping hand

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 Landlords who need to repossess a property don’t need to struggle on alone, a local law firm has said.

Jason Round, from the commercial team at Martin-Kaye Solicitors, in Euston Way, Telford, said the firm had launched a new three-stage service with no hidden surprises when it came to fees.

“The actual process of repossessing a property can be complicated, time-consuming and expensive, but it doesn’t have to always be that way.Our experts have created a package of support that will help landlords to take back their property as quickly as possible and at a reasonable cost.”

Jason said the Fixed Price Possession scheme had been designed to help landlords avoid the pitfalls of the repossession process.

“Sometimes, if things don’t go according to plan, the whole process may need to start again which of course incurs precious time and significant extra costs. Our specialised team has many years’ experience in property claims, and we can act quickly and at a very cost-effective fixed price rate so there are no surprises when the landlord gets the final bill.”

Jason said the support package offered a three-stage process in order to secure repossession of the landlord’s property.

“Stage one is where our team prepares and serves a notice on the tenant, giving a fixed date by which they need to leave – in reality, this is often the only step that is needed.

“If however, that first step isn’t enough, we will begin court proceedings against the tenant – the price will reflect whether or not the case actually goes to court – and if a possession order is granted, the court will insist your tenant leaves on the fixed date. The final stage comes if the tenant still refuses to leave despite the possession order – at this point, we will instruct enforcement officers to step in.

“At Martin-Kaye Solicitors, we pride ourselves on delivering advice that really makes a difference. We believe this clear and concise approach to repossession will be an attractive proposition for any landlords who are struggling with difficult tenants, and we’re sure it will prove to be a popular service.”

Multi-million pound sales boom is good news

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Property experts at a Telford law firm have announced a record-breaking year after handling a staggering £300 million worth of business in the last six months alone.

Partner and head of residential property at the Telford offices of Martin-Kaye Solicitors, Nita Patel, said the figures were truly astonishing.

“We’ve had an incredible year so far, and if things continue to follow this trend, we’ll have beaten every single record we’ve ever set in almost 30 years of business which is phenomenal for such a small team.”

Since April this year, the team has cleared 1,170 transactions, with an average financial value of £250,000 per transaction.

“When we sat down to review our performance and calculate the figures, we realised we’d hit the £300 million mark, and we were just amazed. I’m just so incredibly proud of the team for working so hard and for showing such dedication to our clients throughout a financial period that everyone knows has been more than just a little difficult.”

Nita said the rosy financial picture was supported by excellent feedback from customer satisfaction survey results which echoed the stunning figures. Now the team is looking forward to the next six months with the aim of building on the impressive start they’ve already made to the year.

“We’ve been working on property transactions further afield across the UK too, as well as in Shropshire, and it’s been interesting to compare the different markets. It’s clear that compared to the wider UK, prices in the South are continuing to increase, but we’ve found the actual level of activity in the property market is pretty consistent across the board.

“One of the elements keeping the markets in check is that building societies are now being extremely cautious in the way they assess people’s ability to borrow, even down to asking precisely what people are spending their money on. This has resulted in lots of people extending their existing property rather than taking the plunge to buy a new one.

“But all the indications are that the property market will continue to remain buoyant into next year, and with such positive signs on the horizon, we’re looking forward to continuing our success.”

Tribunals specialist at Martin-Kaye

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 An employment law expert who specialises in tribunals is the latest new addition to a Telford law firm’s growing team.

Lubna Laheria has joined Martin-Kaye Solicitors, in Euston Way, after studying in Birmingham, and working for four years at a leading national firm to complete her training contract.

She has wide ranging experience in representing both employers and employees in a range of tribunal claims, and her knowledge of employment litigation is particularly impressive.

Lubna advises on all kinds of issues including employment termination, settlement agreements, and disciplinaries and grievances.

“I have worked extensively in the world of discrimination law too, including advising employees on how to avoid claims, contractual matters and advising on TUPE issues,” said Lubna.

“I’m looking forward to the challenge of building on the strong relationships that Martin-Kaye already has in place with companies all over the local region, and to working with new ones too.”

Senior partner Graham Davies said Lubna’s appointment was excellent news for the company and she had already settled in well.

“Our employment law team is renowned for its effective and straight-talking advice, and it’s great to see Lubna joining such a positive and dynamic department. She has already met many of our existing employment clients, and we’re sure her knowledge and experience will mean she is able to play a key role in the life of one of our busiest and largest teams.”

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