martin searle solicitors » martin searle solicitors, Community Law Solicitors

Free Employment Law Advice Clinic for People with Mental Health Issues

Belinda — Tue, 06 Jul 2010 14:26:53 +0000

martin searle solicitors’ Croydon office is running a free employment law advice clinic with ESRA (the Employment Support Retraining Agency) on July 30, 2010 (9.15am-12.15pm). The free advice clinic in Redhill is designed to help people with mental health issues who need advice and support with employment law concerns, including mental health employment discrimination.

Those attending the clinic receive and hour’s FREE consultation with employmnent law solicitor Marsha Thompson.

To book an appointment contact ESRA on 01737 772115 or email graham@esrasurrey.co.uk. The clinic is held at ESRA’s Redhill office, Rawlinson House, London Road.

Digital Media HR Group Salary & Reward Strategies Workshop, July 7, 2010

Belinda — Tue, 29 Jun 2010 10:29:49 +0000

The new Digital Media HR Group set up by martin searle solicitors, Relentless Software and Madgex, is holding its next meeting on Wednesday, July 7, 2010 (3.00-4.30pm) at Madgex’s North Street offices in Brighton. This workshop style event will take attendees through salary and reward strategies and the legal pitfalls of discretionary bonus payments.

International reward consultant Susie Poole will kick off proceedings looking at compensation and reward strategies. With a background in blue-chip organisations, Susie has previously worked at PepsiCo, Visa International and Electronic Arts. She has a Masters in HR management and is MCIPD qualified.

Fiona Martin an employment law solicitor and director of martin searle solicitors will look at the hidden legal pitfalls.

The Digital Media HR Group is supported by Wired Sussex and meets bimonthly for employment law training and to share best practice and polices which impact on the digital media sector.

Events are free to members. Membership costs £25 for the year. To join or book an event contact Kat Blakeney at martin searle solicitors on 01273 609911 or email kat@ms-solicitors.co.uk.

Free Legal Advice Clinics for Older People

Belinda — Fri, 25 Jun 2010 10:36:28 +0000

Cate Searle will be hosting free legal advice clinics at Age Concern, Brighton, on July 1 and September 9, 2010 (1pm) and September 24 (10am). Cate can help with problems accessing NHS or social services and funding - including NHS care funding.

Cate has a nationwide repuation in this specialist area of law and has a successful track record helping people reclaim nursing home fees where funding rules have not been properly applied.

To book an appointment for one of the clinics at Age Concern Brighton, Hove and Portslade’s offices, 29-31 Prestonville Road, call Age Concern on 01273 720603.

Firewalk Raises £2,500

Belinda — Mon, 14 Jun 2010 06:42:04 +0000

Thirty-six intrepid folk walked over fire on Brighton seafront to raise money for Adventure Unlimited on Saturday, June 5, 2010 - including six team members from martin searle solicitors‘ Brighton and Croydon offices. It was the first time the charity had organised a firewalking fundraiser and the spectacle, accompanied by a samba band and fire jugglers, was watched by about 500 people. In all the evening raised about £2,500.

Adventure Unlimited raises money to enrich the lives of disadvantaged children and young people in the local community through Adventure Unlimited’s activities. The charity’s event organiser Emma Smith said: “We would like to say a huge thank you to everyone involved, especially the brave firewalkers whose efforts mean Adventure Unlimited can continue its work with disadvantaged young people.”

martin searle solicitors whose two directors took part also organised a post-event party at umi Hotel Brighton. Director Fiona Martin said: “We loved the sound of this event as soon as we heard about it and it was great to be able to support it by raising sponsorship for our own brave firewalkers and also hosting the party. As a community law firm, it’s great to be supporting such a brilliant charity that does so much to help some of the most disadvantaged members of our community.”

Brighton band Easy Company played at the party. Meanwhile, umi Hotel Brighton and local photographer Anthony Hunt donated their services for free to support Adventure Unlimited.

-ENDS-

For further information contact Emma Smith on 07909586912 or email emma.e.smith@live.co.uk. Hi-res images are available at www.flickr.com/photos/anthunt/sets/72157624229398296/

Compromise Agreement Case Study: New Job and Compensation Boost

Belinda — Tue, 08 Jun 2010 14:15:41 +0000

Summary

How Fiona Martin secured the amounts offered in a Compromise Agreement in a situation where an employee had originally rejected the offer but had then quickly found a well-paid job.

Situation

John had worked as a project manager for a large company for more than five years. He was advised that there was going to be a restructure and his job would no longer exist. He was given a Compromise Agreement in which he was offered four months’ salary.

However, he subsequently found out a less senior colleague had been offered his job at a lower rate of pay.

What we did

John came to see Fiona Martin who advised that he had a strong claim for unfair dismissal. She helped him draft a grievance on the basis that this was not a true redundancy as his job still existed.

However, after the initial grievance hearing, John managed to secure the offer of higher paid employment starting as soon as possible. John was concerned that if the company found out about this it might withdraw its offer of four months’ money as this was more than the five weeks’ notice statutory redundancy pay he was entitled to.

The result

Fiona negotiated a small increase to the sums offered under the Compromise Agreement and ensured it was completed before he started his new job.

Find out more about how we can help with Compromise Agreements as well as our c ompromise agreement employment law service for employers and trade unions with multiple sign-offs.

Compromise Agreement Case Study: £6000 Settlement Lift

Belinda — Tue, 08 Jun 2010 13:50:21 +0000

Summary

How Fiona Martin increased the compensation sum paid under a Compromise Agreement by £6,000.

Situation

Roger had worked as a manager at a small company for 13 years. He had a difficult relationship with his manager and he was called into a disciplinary meeting and was offered a Compromise Agreement with a compensatory sum of £10,000. His employer told him to “take it or else”.

Roger denied that there was any basis to the disciplinary allegations and pointed out that this was the second time in six months that this manager had tried to discipline him.

What we did

Fiona advised Roger to lodge a formal grievance. She helped him write this and supported him through both his disciplinary and grievance hearings. Fiona also wrote a “without prejudice” letter asking for a higher compensatory sum and negotiated with his employer’s solicitors.

The result

Despite the fact that the employer’s solicitor had stated that it would not increase the compensatory sum, he received £16,000, an increase of £6,000, together with a favourable reference.

Find out more about how we can help with Compromise Agreements as well as our c ompromise agreement employment law service for employers and trade unions with multiple sign-offs.

Martin Searle Solicitors Supports Charity For Disadvantaged Young People

Belinda — Mon, 24 May 2010 19:02:13 +0000

Adventure Unlimited’s first Brighton firewalk is set to get off with a swing on June 5, 2010 thanks to the support of a 30-piece samba band and fire jugglers. The band will play from 8.00pm near the West Pier. The firewalk itself is at 9pm when Deputy Mayor Councillor Ann Norman will open proceedings.

Thirty Brightonians from the age of 12 up will walk over five metres of burning hot wood while raising money to enrich the lives of disadvantaged children and young people in the local community through Adventure Unlimited’s activities.

Firewalkers and their supporters will then a party at umi Grill, part of the Umi Hotel Brighton which is famed for its flame-grilled food. The party is being organised by martin searle solicitors. umi Hotel Brighton has donated the venue and will also host the pre-firewalk training seminar.

Fiona Martin, director of martin searle solicitors, says: “We wanted to do something different to celebrate our sixth anniversary. Having six of our team walk on fire certainly matches the brief. As a community law firm, it’s great to be supporting such a brilliant local charity that does so much to help some of the most disadvantaged members of our community. The support of umi Hotel Brighton is much appreciated and is a good example of local businesses getting together to make a difference for a local charity.”

Local band Easy Company will be performing at the party. The band includes four members studying at BHASVIC and Varndean and there will be dancing into the small hours.

For the courageous, firewalk places still remain but are limited. Information on how to take part can be found at www.aultd.org.

-ENDS-

For further information including to arrange for a journalist to come along and cover the firewalk or the party contact Emma Smith at Advenuture Unlimited on 07909586912 or email emma.e.smith@live.co.uk. Photographer Anthony Hunt (www.anthony-hunt.com) has also donated his services and will be able to provide press photography. Contact Emma in advance to discuss your requirements.

Seminar to Make Sense of New Equality Laws

Belinda — Fri, 21 May 2010 10:31:44 +0000

martin searle solicitors and Mayo Wynne Baxter are 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, martin searle solicitors and Mayo Wynne Baxter will lead the Employment Law Update on 17^th June, 2010. This informal event is part of a series run by pressure group LEADER (Local Employers Acting on Diversity, Equality and Race).

Designed for anyone with people management responsibilities working in the private or public sector, the Employment Law Update is taking place at 8.30am to 10.30am 17^th June, 2010 at Brighton’s Holiday Inn.

LEADER’s Employment Law Update is led by Fiona Martin of martin searle solicitors and Mayo Wynne Baxter’s Martin Williams. It is divided into two parts:

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 payis 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 theintroduction of the Equality Act

This seminar is free to LEADER members and a one-off fee of £15 to £25 for non-members can go towards annual membership. Email liz.kite@brighton-hove.co.uk or call 01273 291 577 to book.

Factsheet: Compromise Agreement Tax Implications

Belinda — Mon, 17 May 2010 21:08:20 +0000

This factsheet sets out the tax implications of a Compromise Agreement payment.

What are Compromise Agreements tax considerations?

Compromise Agreements are legally binding agreements between an employer and an employee, sometimes referred to as a termination settlement. Whether you are an employer letting staff go or an employee about to lose your job, Compromise Agreement advice from a solicitor is essential.

It is usual for a Compromise Agreement to be entered into either shortly before or after termination of an employee’s employment. These agreements are sometimes used when redundancies are made, but they can be used in a number of situations.

A Compromise Agreement allows for a clean break of the employment relationship where the employee agrees to waive their right to bring claims in return for an agreed sum, or compensation. Generally speaking, employers can pay the first £30,000 compensation for the Compromise Agreement tax free, but this will not apply to all payments.

Compromise Agreements and Tax

How Compromise Agreement payments are treated for tax purposes will depend on the basis on which they are paid.

Salary and benefits to date of termination

All payments made for the period up to the point that the contract of employment ends are subject to deductions of tax and national insurance in the normal way.

Payment in lieu of holiday

Very often an employee will have holiday owing to them when the employment ends. Payments made in lieu of holiday are taxable.

Pay in lieu of notice (PILON)

Whether pay in lieu of notice is taxable depends on whether such payments are allowed for in a person’s contract of employment. This information could also be in an employee handbook rather than the written contract. Where they are allowed, they will be taxable like other contractual payments. Where they are not, they can be paid gross and will count towards the £30,000 exemption.

Where it is the custom and practice of an employer to make a payment in lieu of notice (PILON) even if it is not part of the contract, HM Revenue & Customs may consider that tax should be deducted. The question is whether payments are made automatically or considered on each occasion.

Compensatory and ex-gratia payments (non-contractual) payments

Compensatory, ex gratia (non-contractual) payments made for loss of office or employment are exempt from tax on the first £30,000.

Payments for restrictive covenants and confidentiality obligations

An employer may wish to restrict an employee from acting in competition, or approaching customers or employees once they have left the company. If the contract contains enforceable restrictive covenants, the employer will be able to rely on these if it has not breached the contract when terminating the employment. However, sometimes the contract does not contain such provisions, or the contract contains restrictions that are too wide to be enforceable. If this is the case, the employer can seek new restrictions.

To make these binding in law there must be a “consideration” paid, usually of a small sum of £100-£200. This payment is fully taxable and liable to national insurance contributions.

Some Compromise Agreements may also include a consideration associated with a confidentiality clause. These are also subject to deductions.

Redundancy payments

Both statutory and contractual redundancy payments fall within the £30,000 exemption.

Contributions to registered pension scheme

Payments made direct into a pension scheme are treated separately and are not subject to tax. There are annual and lifetime allowances for contributions to registered pension schemes and contributions in excess of these allowances do incur tax charges.

Outplacement costs

Contributions to the cost of outplacement counselling or similar training are not taxable and are usually paid directly by the employer and therefore do not count towards the £30,000 exemption.

Legal costs

Usually the employer pays the employee’s legal costs. This does not count towards the £30,000 exemption as long as it is solely in connection with termination of employment, is paid directly to the employee’s solicitor and there is a specific Compromise Agreement clause to that effect.

Sums exceeding the £30,000 exemption

If the Compromise Agreement includes compensation that exceeds the £30,000 exemption, tax is deducted at basic rate on the additional amount. If the employee is liable for higher rates of tax they are responsible for accounting to HM Revenue & Customs for this.

How we can help

martin searle solicitors offers free online information and advice for employers and employees about Compromise Agreements. Trade unions and employers can also find out about the firm’s Compromise Agreement employment law service for multiple sign offs.

Rules for Challenging Care Home Funding Decisions Set To Change

Belinda — Tue, 11 May 2010 09:48:05 +0000

Families should act now to challenge what they suspect may be flawed NHS care home funding decisions or social services’ funding decisions, advises care funding law expert Cate Searle of martin searle solicitors. With families able to claim very large sums of money for nursing home fees they have wrongly been asked to pay since April 2004, it seems likely the new government will take steps to tighten the claims system.

When someone moves into a care home, social services helps pay if their property or savings are less than £23,250. The NHS pays continuing healthcare funding to cover the full costs of care if they pass a primary health need test.

However, arbitrary and wrong rulings have seen hundreds of families paying for ederly care when they should not. Those who have successfully challenged such decisions have reclaimed nursing home charges up to as much as £50,000 a year.

“On the face of it, care funding rules are quite simple. But there is so much confusion in the system, people with genuine healthcare needs are frequently missing out on the funding they deserve while others are being told to sell their homes to fund their care when other options should be considered first,” says Cate Searle.

She adds: “The process for challenging a decision is already complex with many hurdles. But it seems inevitable the new government will want to reduce its exposure to the continuing stream of claims. The most obvious way to do that would be to bring forward the cut-off date to which claims can be backdated - currently April 2004.”

With one in five people expected to need long-term residential or nursing care in later life, the current care funding system is in urgent need of reform. However, with no consensus over what that reform should look like, it will be some time before the system is more equitable for everyone. Individuals who have been unfairly treated by the current system should act quickly to seek a review of funding decisions they suspect are wrong or risk losing out if the rules on making a claim change.