ACAS Annual Report Reveals 13% Increase in Employment Claims
ACAS, the independent employment relations service, have recently published their annual report and accounts for the 2009/10 period. The report provides an insight into the volume of disputes arising out of employment relationships.
ACAS reports that although the number of large-scale collective disputes being referred to ACAS has dropped, there was a 13% increase in the amount of individual employment claims totalling 87,421 for the year, 25% more than they were resourced to deal with. They also reported a drop in the overall rate of resolution indicating that more cases are proceeding to expensive tribunal hearings.
Over 45% of individual employment claims involved unfair dismissal, 10,000 more claims than the previous year, and more than 25,000 claims were made relating to discrimination on grounds of sex, race or disability. To put this in a financial context, the average awards made in 2008/09 ranged from £27,235 for Disability Discrimination to £7,959 in cases of Unfair Dismissal.
Whilst it is never possible to wholly prevent claims, the figures published by ACAS remind us of the fact that effective policies, procedures and employment contracts can save hundreds, if not thousands, of pounds defending claims. Employers need to ensure they are in the best position to mount a defence.
If you find that you are in need of advice about Employment Tribunal claims please contact our Head of Employment, Martin Williams
Thursday, 2 September 2010
Tuesday, 20 July 2010
Top 10 tips for avoiding Inheritance Tax
By Fiona Dodd, Mayo Wynne Baxter
Inheritance Tax is money that is paid out of your estate to the Inland Revenue on your death. The current rate is 40% of everything over £325,000 for an individual or £650,000 for married or civil partners.
You cannot avoid Inheritance Tax if your assets exceed these thresholds but there are procedures you can put in place now which can reduce the amount that goes to the taxman.
If you would rather see your friends, family or favourite charities benefit, then follow my top ten tips for reducing Inheritance Tax (IHT).
1.Know exactly what you have got
List your assets. How much are they worth? Do you need them all? Are any in joint names? Can you transfer any to your heirs now?
2. Get married
If you are a widow or widower, you can add your deceased partner’s allowance to yours, giving you an allowance of £650,000.
3. Spend it!
Ever thought of SKIing - Spending the Kids Inheritance! However, if winter sports aren’t your thing, then round the world cruises, sports cars (assuming they depreciate in value), or even second marriages can significantly reduce your capital and therefore the amount of IHT that would need to be paid.
4. Give it away
A simple solution is to give it away now, but unless you live for seven years after making the gift, your beneficiaries will still be liable for any IHT. However, there are some exemptions:
• Regular gifts from your income (rather than your capital) are not liable for IHT if they do not affect your standard of living.
• You can gift a total of £3000 a year from your capital without incurring IHT
• Contributions to family weddings (parents can give up to £5000, grandparents up to £2500 and other family members £1000)
• Donations to charity – any amount at any anytime, providing the charity is registered.
5.Check your investments
There are a number of IHT efficient investments such as Gift & Loan Trusts, Discounted Share Trusts and shares listed on the Alternative Investment Market (AIM) http://tinyurl.com/lxnpjh. An Independent Financial adviser will be able to help you.
6. Use your business exemptions
Business property is entirely exempt from IHT as is agricultural land, providing it is a proper working farm. Land used for business purposes gets 50% tax relief.
7. Life insurance and pensions
This is a very good time to look at your policies, as you may have collected a few throughout your career.
• Who receives the benefits?
• Can you nominate a beneficiary?
• Are the policies sufficient to cover your dependants’ needs after your death?
8. Make a Will
If you don’t have a will, you will die intestate. This means that your assets will be distributed according to the law rather than according to your wishes. An up-to-date and professionally drafted will:
• Clearly sets out your intentions
• Ensures all your tax allowances are used
• Avoids arguments and bad feeling among your beneficiaries
9. Take professional advice
Don’t be tempted to try and write your own will. It is a complex process and it is very easy to make mistakes which can turn into a real headache for your beneficiaries.
It’s also wise to take advice from an Independent Financial Adviser, particularly if you have complex, high value or multiple assets.
Professional advisers have specialist, up-to-date knowledge and will ensure that your estate is passed on according to your wishes. They will probably save you money through tax and other savings in the long run.
They will also have professional indemnity insurance so if you are given bad advice, there will be recompense for you and your dependants. Whereas if you make the mistake, there is no recourse.
10. What not to do
• Bury your head in the sand - death and taxes are both inevitable
• Leave it too late. Remember, anything you give away seven years before your death is exempt from tax
• Write your own will
• Believe every sales pitch. Do your research and take advice before committing to an investment plan
• Worry. The sooner you start organising your assets, the sooner you can relax
Fiona Dodd is an Associate Solicitor within the Probate, Trusts and Wills Department with Mayo Wynne Baxter LLP. For further information please contact 01273 775533 or email fdodd@mayowynnebaxter.co.uk
Don’t forget you can follow us on Twitter for regular tweets on Mayo Wynne Baxter news and views!
Inheritance Tax is money that is paid out of your estate to the Inland Revenue on your death. The current rate is 40% of everything over £325,000 for an individual or £650,000 for married or civil partners.
You cannot avoid Inheritance Tax if your assets exceed these thresholds but there are procedures you can put in place now which can reduce the amount that goes to the taxman.
If you would rather see your friends, family or favourite charities benefit, then follow my top ten tips for reducing Inheritance Tax (IHT).
1.Know exactly what you have got
List your assets. How much are they worth? Do you need them all? Are any in joint names? Can you transfer any to your heirs now?
2. Get married
If you are a widow or widower, you can add your deceased partner’s allowance to yours, giving you an allowance of £650,000.
3. Spend it!
Ever thought of SKIing - Spending the Kids Inheritance! However, if winter sports aren’t your thing, then round the world cruises, sports cars (assuming they depreciate in value), or even second marriages can significantly reduce your capital and therefore the amount of IHT that would need to be paid.
4. Give it away
A simple solution is to give it away now, but unless you live for seven years after making the gift, your beneficiaries will still be liable for any IHT. However, there are some exemptions:
• Regular gifts from your income (rather than your capital) are not liable for IHT if they do not affect your standard of living.
• You can gift a total of £3000 a year from your capital without incurring IHT
• Contributions to family weddings (parents can give up to £5000, grandparents up to £2500 and other family members £1000)
• Donations to charity – any amount at any anytime, providing the charity is registered.
5.Check your investments
There are a number of IHT efficient investments such as Gift & Loan Trusts, Discounted Share Trusts and shares listed on the Alternative Investment Market (AIM) http://tinyurl.com/lxnpjh. An Independent Financial adviser will be able to help you.
6. Use your business exemptions
Business property is entirely exempt from IHT as is agricultural land, providing it is a proper working farm. Land used for business purposes gets 50% tax relief.
7. Life insurance and pensions
This is a very good time to look at your policies, as you may have collected a few throughout your career.
• Who receives the benefits?
• Can you nominate a beneficiary?
• Are the policies sufficient to cover your dependants’ needs after your death?
8. Make a Will
If you don’t have a will, you will die intestate. This means that your assets will be distributed according to the law rather than according to your wishes. An up-to-date and professionally drafted will:
• Clearly sets out your intentions
• Ensures all your tax allowances are used
• Avoids arguments and bad feeling among your beneficiaries
9. Take professional advice
Don’t be tempted to try and write your own will. It is a complex process and it is very easy to make mistakes which can turn into a real headache for your beneficiaries.
It’s also wise to take advice from an Independent Financial Adviser, particularly if you have complex, high value or multiple assets.
Professional advisers have specialist, up-to-date knowledge and will ensure that your estate is passed on according to your wishes. They will probably save you money through tax and other savings in the long run.
They will also have professional indemnity insurance so if you are given bad advice, there will be recompense for you and your dependants. Whereas if you make the mistake, there is no recourse.
10. What not to do
• Bury your head in the sand - death and taxes are both inevitable
• Leave it too late. Remember, anything you give away seven years before your death is exempt from tax
• Write your own will
• Believe every sales pitch. Do your research and take advice before committing to an investment plan
• Worry. The sooner you start organising your assets, the sooner you can relax
Fiona Dodd is an Associate Solicitor within the Probate, Trusts and Wills Department with Mayo Wynne Baxter LLP. For further information please contact 01273 775533 or email fdodd@mayowynnebaxter.co.uk
Don’t forget you can follow us on Twitter for regular tweets on Mayo Wynne Baxter news and views!
Tuesday, 15 June 2010
Solicitors go back to School
One of the great things about being a Trainee Solicitor at Mayo Wynne Baxter is that they encourage you to use your initiative and take the lead on projects. Nothing has shown this better than our involvement in Local Lawyers in Schools.
Local Lawyers for Schools is a fantastic scheme run by the Citizen Foundation, a charity that arranges for solicitors to link up with local schools. When I first heard about this I was determined that Mayo Wynne Baxter should get involved.
For lots of students the thought of working in the legal profession hasn’t even occurred to them. Having the opportunity to spend time with practising solicitors offers them a great insight into a career many would never have even considered.
When I suggested to my colleagues at Mayo Wynne Baxter that they took part in the project, which would involve them teaching Law to GCSE students, some weren’t quite sure if they were ready to go back to the classroom. But a bit of gentle persuasion, and the promise of minimal homework, meant we were soon packing our satchels!
Mayo Wynne Baxter joined the scheme last year, becoming the first firm in the country to take part. Since then we have been working with the Year 10 Citizenship students at Hove Park School. We’ve covered all kinds of subjects, including police powers, drug legislation, human rights and what you have to do to become a lawyer.
The feedback from the students and their teachers has been really positive and I think they enjoyed the lessons almost as much as we did. My favourite comment was from someone who said that he thought solicitors could never get in trouble with the police because we always knew how to get away with things. Alas I had to inform him that being a solicitor wasn’t an automatic get out of jail card. He took it in his stride though and decided that a legal career was still a good idea as he liked the thought of getting paid to argue with people.
Mayo Wynne Baxter recently won praise for our involvement in Local Lawyers in Schools from the new MP for Hove, Mike Weatherley. He is going to be visiting the school this Friday (18th) to meet the students and staff and find out what they really think of lawyers and politicians. I hope they won’t be too honest!
And then, in a couple of days, we’re branching out and taking Local Lawyers for Schools to Sussex Downs College in Eastbourne. There we’ll be running tutorials for unemployed people as part of a project training volunteers for the 2012 Olympics and Paralympics. Watch out for my next post for an update…
For further information visit www.lawyersinschools.org.uk
Tuesday, 8 June 2010
Why LinkedIn is a Lawyer's new Local
Reading an excellent blog post by Matt Silverman on Mashable about social media and the legal profession got me musing about how lawyers, Mayo Wynne Baxter included, are actually pretty clued up when it comes to digital marketing. Don’t forget, less than a decade ago law firms were prohibited from doing any kind of marketing or PR. Apart from a listing in the phone book, business generally had to be built up over a few pints of claret at the Wig and Gavel.
Don’t get me wrong, we still firmly believe in “real” socialising, or networking as it’s called in the business community - you can’t beat face-to-face contact and we’re usually up for a beer or two - but we also understand the power of its digital sibling, to the extent that social media has now become as essential to Mayo Wynne Baxter’s communication strategy as traditional PR and marketing.
So, how does social media help our clients? Well, one of the big advantages social media gives us is being able to impart lots of targeted information to our clients in bite-sized, easily digestible chunks. We use LinkedIn, and Twitter to highlight news, legal updates and to direct people to the relevant part of our website that will inform them about their legal process. And it’s all so quick. For example, we can post an update to a change in the law with an explanation of its implications, then tweet the link and hey presto, the world and his wife know about it in less time than it takes to frank an envelope.
We’ve also found social media very useful for engaging with niche audiences, for example, the solicitors in our MACI Team have built up an ever increasing network of “friends” in the media and creative industries. They regularly get together for seminars and workshops and use Twitter and Linked In to keep everyone up to speed.
This brings me neatly to the obligatory note of caution as the last MACI seminar was all about social media and protecting your business’s reputation online. This is something that we are very hot on, both for our clients and also for our own firm’s reputation. Thanks to the huge potential audience, an incorrect or inappropriate post can destroy a firm’s reputation before you can say “who suggested a social media policy?”
As with all Mayo Wynne Baxter’s external communications, our social media content is always overseen by our marketing department. Whether it’s a press release, a brochure for our clients or even this blog, the content must be relevant and appropriate to the audience we are talking to and, above all, must accurately reflect Mayo Wynne Baxter’s professionalism and values.
So, you won’t find pictures of us on Facebook downing pints at the aforementioned Wig and Gavel, nor will you ever see blog posts or tweets about our clients, but hopefully you will find that we’re making law more accessible and easier to understand.
If you would like to find out more about copyright, intellectual property and the legalities surrounding social media, please contact our Media & Creative Industries team to arrange a meeting.
You can read the full Mashable post here.
Don’t get me wrong, we still firmly believe in “real” socialising, or networking as it’s called in the business community - you can’t beat face-to-face contact and we’re usually up for a beer or two - but we also understand the power of its digital sibling, to the extent that social media has now become as essential to Mayo Wynne Baxter’s communication strategy as traditional PR and marketing.
So, how does social media help our clients? Well, one of the big advantages social media gives us is being able to impart lots of targeted information to our clients in bite-sized, easily digestible chunks. We use LinkedIn, and Twitter to highlight news, legal updates and to direct people to the relevant part of our website that will inform them about their legal process. And it’s all so quick. For example, we can post an update to a change in the law with an explanation of its implications, then tweet the link and hey presto, the world and his wife know about it in less time than it takes to frank an envelope.
We’ve also found social media very useful for engaging with niche audiences, for example, the solicitors in our MACI Team have built up an ever increasing network of “friends” in the media and creative industries. They regularly get together for seminars and workshops and use Twitter and Linked In to keep everyone up to speed.
This brings me neatly to the obligatory note of caution as the last MACI seminar was all about social media and protecting your business’s reputation online. This is something that we are very hot on, both for our clients and also for our own firm’s reputation. Thanks to the huge potential audience, an incorrect or inappropriate post can destroy a firm’s reputation before you can say “who suggested a social media policy?”
As with all Mayo Wynne Baxter’s external communications, our social media content is always overseen by our marketing department. Whether it’s a press release, a brochure for our clients or even this blog, the content must be relevant and appropriate to the audience we are talking to and, above all, must accurately reflect Mayo Wynne Baxter’s professionalism and values.
So, you won’t find pictures of us on Facebook downing pints at the aforementioned Wig and Gavel, nor will you ever see blog posts or tweets about our clients, but hopefully you will find that we’re making law more accessible and easier to understand.
If you would like to find out more about copyright, intellectual property and the legalities surrounding social media, please contact our Media & Creative Industries team to arrange a meeting.
You can read the full Mashable post here.
Monday, 7 June 2010
Is ‘World Cup Fever’ bad news for employers?
With the World Cup kicking off this Friday (11th), patriotic employers across the country will be experiencing mixed feelings. Firstly, there will be the irrepressible anticipating and hope that England will go the distance and be victors after a 44 year World Cup drought.
However, the other feeling will be that of concern as to whether your staff will turn up during England’s fixtures, particularly the next day after over zealous celebratory drinking and frivolities. Of course we all want something to celebrate about, but not at the price of costly staff absences.
So, the fundamental question has to be: what is the best approach to managing staff expectations and issues relating to staff absence during the tournament?
Well, a large number of employers may have already made provisions for staff to watch World Cup matches at work, as well as offering flexible working hours, shift swaps or unpaid leave. However, employers may want to consider allowing staff time out to watch games in the workplace by accommodating requests to watch online to moderate disruption.
One word of caution, however, employers must ensure that non-English staff are afforded the same flexibility to watch their national teams in order to avoid discrimination claims. Also consideration should also be given to retaining some football-free areas for those not caught up in the World Cup frenzy.
Rather than ignore the festivities, employers have the option to see the World Cup as an opportunity to boost staff morale. Many companies intend to turn the World Cup into a team building event, creating “World Cup Sweepstakes”, with any entry fees going to charity. This could be an extremely cost effective way of re-engaging de-motivated staff following the recent economic downturn.
Having a clear policy sets the boundaries in terms of how far the employer is prepared to be accommodating. Employees should be made aware of the disciplinary consequences of taking unauthorised time off work without good reason, or for not performing satisfactorily or misbehaving at work during the tournament.
Like most people, The Mayo Wynne Baxter team are looking forward to the World Cup and will be cheering on various teams as part of our charity sweepstake!
Ruby Dinsmore is an Employment Solicitor with Mayo Wynne Baxter LLP. For further information please contact 01273 223286 or email: rdinsmore@mayowynnebaxter.co.uk
Don’t forget you can follow us on Twitter for regular tweets on Mayo Wynne Baxter news and views!
However, the other feeling will be that of concern as to whether your staff will turn up during England’s fixtures, particularly the next day after over zealous celebratory drinking and frivolities. Of course we all want something to celebrate about, but not at the price of costly staff absences.
So, the fundamental question has to be: what is the best approach to managing staff expectations and issues relating to staff absence during the tournament?
Well, a large number of employers may have already made provisions for staff to watch World Cup matches at work, as well as offering flexible working hours, shift swaps or unpaid leave. However, employers may want to consider allowing staff time out to watch games in the workplace by accommodating requests to watch online to moderate disruption.
One word of caution, however, employers must ensure that non-English staff are afforded the same flexibility to watch their national teams in order to avoid discrimination claims. Also consideration should also be given to retaining some football-free areas for those not caught up in the World Cup frenzy.
Rather than ignore the festivities, employers have the option to see the World Cup as an opportunity to boost staff morale. Many companies intend to turn the World Cup into a team building event, creating “World Cup Sweepstakes”, with any entry fees going to charity. This could be an extremely cost effective way of re-engaging de-motivated staff following the recent economic downturn.
Having a clear policy sets the boundaries in terms of how far the employer is prepared to be accommodating. Employees should be made aware of the disciplinary consequences of taking unauthorised time off work without good reason, or for not performing satisfactorily or misbehaving at work during the tournament.
Like most people, The Mayo Wynne Baxter team are looking forward to the World Cup and will be cheering on various teams as part of our charity sweepstake!
Ruby Dinsmore is an Employment Solicitor with Mayo Wynne Baxter LLP. For further information please contact 01273 223286 or email: rdinsmore@mayowynnebaxter.co.uk
Don’t forget you can follow us on Twitter for regular tweets on Mayo Wynne Baxter news and views!
Monday, 24 May 2010
Employment Law Seminar: making sense of new equality laws
Mayo Wynne Baxter's Employment Team have announced they’re joining forces to help employers understand a raft of new legislation.
In the wake of the Equality Act and extra rules on long-term sickness, Mayo Wynne Baxter and Martin Searle Solicitors will lead an Employment Law Update on 17th June. This informal event is part of a series run by pressure group LEADER (Local Employers Acting on Diversity, Equality and Race).
The seminar will interest those who have people management responsibilities within the private or public sector. Our very own Employment Law Specialist, Martin Williams, will be contributing his insight and wealth of experience; covering a multitude of topics, including:
PART I - What is new about the Equality Act?
- How discrimination law will be harmonised and extended
- Cover for "associative" and "perceptive" discrimination
- The concept of justification
- Third-party harassment
- The extent of positive discrimination
- The limitations on pre-employment health questionnaires
- When pay is and is not a secret
PART II - Managing ill health in the workplace and avoiding disability discrimination
- Adopting a fair procedure to any dismissal
- Ill health as a reason for dismissal
- The new Statement of Fitness for Work "Fit Notes"
- Disability and employment law
- What is disability discrimination and how has this changed with the introduction of
the Equality Act
This event is taking place at Brighton’s Holiday Inn and kicks off at 8.30am to 10.30am. The seminar is free to LEADER members and a one-off fee of £15 to £25 for non-members can go towards annual membership.
Don’t forget you can follow us on Twitter where we’ll remind you about our seminar nearer the time, as well as regular tweets on Mayo Wynne Baxter news and views. For further information, or to book your space at this event, email liz.kite@brighton-hove.co.uk or call 01273 291577.
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
In the wake of the Equality Act and extra rules on long-term sickness, Mayo Wynne Baxter and Martin Searle Solicitors will lead an Employment Law Update on 17th June. This informal event is part of a series run by pressure group LEADER (Local Employers Acting on Diversity, Equality and Race).
The seminar will interest those who have people management responsibilities within the private or public sector. Our very own Employment Law Specialist, Martin Williams, will be contributing his insight and wealth of experience; covering a multitude of topics, including:
PART I - What is new about the Equality Act?
- How discrimination law will be harmonised and extended
- Cover for "associative" and "perceptive" discrimination
- The concept of justification
- Third-party harassment
- The extent of positive discrimination
- The limitations on pre-employment health questionnaires
- When pay is and is not a secret
PART II - Managing ill health in the workplace and avoiding disability discrimination
- Adopting a fair procedure to any dismissal
- Ill health as a reason for dismissal
- The new Statement of Fitness for Work "Fit Notes"
- Disability and employment law
- What is disability discrimination and how has this changed with the introduction of
the Equality Act
This event is taking place at Brighton’s Holiday Inn and kicks off at 8.30am to 10.30am. The seminar is free to LEADER members and a one-off fee of £15 to £25 for non-members can go towards annual membership.
Don’t forget you can follow us on Twitter where we’ll remind you about our seminar nearer the time, as well as regular tweets on Mayo Wynne Baxter news and views. For further information, or to book your space at this event, email liz.kite@brighton-hove.co.uk or call 01273 291577.
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
Friday, 21 May 2010
Thank you to those who attended our ‘How to exploit the power of social networking’ seminar
Firstly, we’d like to thank everyone who attended last night’s event, particularly Lighthouse for their fantastic hospitality, and of course our speakers Edward Coxall, Dean Orgill, Cristina Lawrence and Leapfrogg’s Ben Potter for their invaluable insight on social media in the workplace.
Secondly, how many of you today viewed and used your various social networking channels differently? One thing last night’s presentations highlighted was the unrelenting power of social media and how it’s gradually entering our lives, even if some are unaware of it.
The Mayo Wynne Baxter team did themselves proud by delivering the often confusing and exhausting subject of copyright in a more engaging way. It was good to see attendees enthusiastically jot down notes and nod with interest during the course of the evening.
Ben Potter, Sales & Marketing Director at Leapfrogg, imparted his expertise on how social media is integral to modern day marketing, but more importantly, how it needs to be respected and applied correctly in order for it work effectively for your business.
Networking and nibbles then followed the discussions. Smart phones were visible; however guests preferred more conventional methods of communicating, which gave the opportunity for people to ask questions, exchange business cards and generally share their experiences of social networking. It was clear that the majority either liked or occasionally dipped in and out of social networks, but overall weren’t mindful of their capabilities. The power of social media was certainly felt by all!
If you would like to find out more about copyright, intellectual property and the legalities surrounding social media, contact our Media & Creative Industries Team today to arrange a meeting.
Secondly, how many of you today viewed and used your various social networking channels differently? One thing last night’s presentations highlighted was the unrelenting power of social media and how it’s gradually entering our lives, even if some are unaware of it.
The Mayo Wynne Baxter team did themselves proud by delivering the often confusing and exhausting subject of copyright in a more engaging way. It was good to see attendees enthusiastically jot down notes and nod with interest during the course of the evening.
Ben Potter, Sales & Marketing Director at Leapfrogg, imparted his expertise on how social media is integral to modern day marketing, but more importantly, how it needs to be respected and applied correctly in order for it work effectively for your business.
Networking and nibbles then followed the discussions. Smart phones were visible; however guests preferred more conventional methods of communicating, which gave the opportunity for people to ask questions, exchange business cards and generally share their experiences of social networking. It was clear that the majority either liked or occasionally dipped in and out of social networks, but overall weren’t mindful of their capabilities. The power of social media was certainly felt by all!
If you would like to find out more about copyright, intellectual property and the legalities surrounding social media, contact our Media & Creative Industries Team today to arrange a meeting.
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