Solicitors have all the answers!

 

 

Staff from Martin-Kaye Solicitors in Telford have put themselves to the test to help raise cash for Hope House Children’s Hospice. We've signed up to the Hospice’s 2013 Corporate Challenge where local firms are given £50 and have 90 days to increase it by as much as possible.
 

So we have decided to hold a Blockbuster-style quiz at The White Horse, in Wrockwardine Wood, at 6pm tonight.

Clare Pitchford, who has organised the quiz on our behalf, said: “So far we have received excellent support towards our challenge, and this is just the start. We have many other exciting fundraising events in the pipeline including a big breakfast and a cake sale, so we’re hoping to boost our total still further. Our team would like to thank everyone for their generosity so far and hope they will continue to back our efforts so that we can raise as much money as possible for such an incredible cause.”

All the money raised in this year’s Corporate Challenge will be used to deliver vital services for local terminally ill children and their families at Hope House, in Oswestry. The Hospice says fundraising under the scheme can be as simple or as challenging as companies make it, either by organising a one-off event or activity, or by continually fundraising throughout the whole 90 days of the campaign.

Any companies interested in the Corporate Challenge should contact the Hospice Fundraising Office on 01691 671671 or visit www.hopehouse.org.uk

Pic:    Launching the Martin-Kaye Solicitors Corporate Challenge are, from left, Lesley Warburton (Martin-Kaye), Lynsey Kilvert (Hope House) and Clare Pitchford (Martin-Kaye)

Social media contacts warning

Companies using corporate social media accounts must protect themselves and their followers if an employee moves on.
 

John Mehtam, our employment law specialist, said the issue of who actually owned the contacts and followers associated with these accounts was a difficult one.

“With the vast majority of businesses now taking to sites such as Twitter or LinkedIn to raise their profile, there may well be several employees posting messages about the company. But if one of those employees leaves the company, we have yet to see a trial in the UK to argue whether they can take the contacts with them. So employers should prepare themselves as this is clearly going to be a serious issue going forward, and as an employment lawyer I am already watching the legal developments carefully.”

John said when it came to LinkedIn, the law was likely to separate out ownership of a LinkedIn account from the ownership of the contacts attached to it.

“This is because the account was set up by the employee under a contract with LinkedIn – but any contacts made through a person’s employment are likely to belong to the employer and should be handed back when an employee leaves.

“And when it comes to Twitter, the situation is even more complicated. Companies are struggling to keep up with the pace of ever-changing social media trends, and may well not yet have any provision in their employment policies to protect themselves and prevent employees simply taking their followers with them if they leave.

“As an employer, you need to urgently review your employment contracts to ensure you include confidential information clauses on contacts made through Twitter, LinkedIn and Facebook accounts.

“Make sure too that you regularly remind staff of your policy, and if an employee does leave, remind them again that they should delete any relevant contacts and profiles, and ask them to sign to confirm they have done so. Social media is now an integral part of everyday life, and companies must ensure they are adapting their corporate policies day by day to protect their assets and their reputation.”

Unfair dismissal - one smoking hot claim

 

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

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

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

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

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

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

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

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

Don't leave empty premises vulnerable

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

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

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

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

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

Stuart suggested installing locks or steel boards on the doors and windows, which would need to be heavy duty.
“Remember that squatters can claim a legal right of entry if they get in through open or previously vandalised entry points, and don’t forget to secure the roof as that’s always a popular way to get in.

 

“Make sure the property is inspected regularly and think about installing a temporary wireless alarm that records video footage which will provide hard evidence if you ever need to evict someone.”

Digital age brings a challenge

Martin-Kaye's senior partner says today’s digital revolution is creating a whole new raft of challenges when it comes to personal accounts. 

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

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

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

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

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

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

Red tape cut is welcome move

 

Businesses will now find it easier and cheaper to protect themselves from competitors thanks to a new ruling.
Our senior partner, Graham Davies, said the new revised mediation service launched by the Intellectual Property Office was a “breath of fresh air”.

 

“Many businesses, particularly the very smallest, underestimate the value of their ideas, systems, services and products, and they may not even realise protection is available. But I have seen businesses ruined as a direct result of a competitor or a former employee plagiarising their ideas, when all the time they could have had protection in place.”

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

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

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

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

Truth and lies - the real story

Over 50 employers from across the Midlands were given the chance to judge between the truth and lies of workplace law thanks to our employment law specialist, John Mehtam.

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

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

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

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

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