Annabel Shilton, an experienced management consultant and leadership coach, will be making a presentation on the importance of motivation in the workplace. Annabel says:

“A company lives and dies with its workers. So, whether you own your own company or manage a small department (or just one employee) you need to know how to motivate. Motivation is critical to making things happen, to achieving goals and getting results. It requires a delicate balance of communication, structure and incentives and this session will help you maximise motivation in yourself and others.”

After the meeting, we will be going to a local pub to hopefully make the most of a sunny afternoon and carry on our discussions over a good bottle of wine/beer.

The HR Digital Media Group is backed by Wired Sussex and welcomes business owners, HR managers, directors and and employees responsible for personnel issues who work in the digital media sector.

Events are free to members. Membership costs £25 per year.

To join the HR Digital Media Group contact Kat Smith at martin searle solicitors on 01273 609911 or email kat@ms-solicitors.co.uk.

To book your spot at the June 20th meeting contact Caroline Morris at Wired Sussex on 01273 692888 or email caroline@wiredsussex.com.

As one of the relatively few NHS continuing healthcare specialists in the UK, I’m often asked to provide expert opinion and speak at events to advise both professionals and the public on issues surrounding ongoing healthcare funding. It’s an incredibly complex area of the law which, as well as being massively rewarding on a personal level, can also be full of pitfalls for people who are unfamiliar with the processes and the level of bureaucracy involved.

I’ve recently had the pleasure of contributing an article to Private Client Adviser, a great magazine “offering a truly modern and practical perspective on private client practice”. I’m always keen to take on the opportunity to help guide people through the intricacies of community care law, and I was excited to learn that my article would also be the cover story for this edition of the magazine.

Thanks to Private Client Adviser, we’re able to offer a free PDF download of my article Health Check: How to improve your chances of securing NHS continuing healthcare funding. Just click on the article image below to view the article online, or right click and save the article to your computer.

In the article I cover areas relevant to NHS continuing healthcare funding such as:

• What NHS continuing healthcare funding involves, who may be eligible, and the controversy surrounding the “postcode lottery” many clients find themselves in;
• Common misconceptions that advisers and clients may have about care home funding;
• The deadline for reclaiming care home fees recently announced by the government;
• Practical tips for advisers handling NHS continuing healthcare cases.

If you’ve got any questions or concerns about NHS continuing healthcare funding, either for yourself or a close relative, you can find lots of free information and guidance in our Resource Centre. You can also contact me at cate@ms-solicitors.co.uk.

(This article first appeared in Private Client Adviser – www.privateclientadviser.co.uk)

We’d like to invite you to help martin searle solicitors celebrate our 8th birthday with an Alternative 80′s Party at Latest MusicBar in aid of local charity Adventure Unlimited.

Raid yours or your family’s wardrobes and get dressed in your best 80′s gear for a night of alternative 80′s tracks courtesy of Spellbound DJ Simon Price, pop critic for the Independent on Sunday, as well as 80′s hits performed by local singer/songwriter David Golden.

Tickets are £15, including entry and a locally-sourced buffet. Boozy prizes will be on hand from Butlers Wine Cellar for best dressed and best 80′s dancers.

For more information call Ruth or Angi at Latest MusicBar on 01273 687171 or email bookings@thelatest.co.uk. You can also read more about the party in Fiona Martin’s blog post.

Where: Latest MusicBar, Manchester Street, Brighton.

When: Thursday 7th June, 7pm – 2am.

(Bookings made through WeGotTickets are subject to a £1.50 booking fee. You can avoid the booking fee by buying your tickets in advance, in cash, at Latest MusicBar or paying by card for a £1.00 fee.)

We are very excited that Simon Price, music journalist at The Independent on Sunday and famous for his Alternative 80′s night, Spellbound, will be the DJ for the night.

We would love it if all participants attend in 80′s attire – alternative or mainstream, if you really love those shoulder pads and bad hair. I will be digging out my crimpers and black clobber so I can re-enact my clubbing days at The Basement and Subterfuge.

Our usual collaborator at these events, Henry Butler from Butlers Wine Cellar, will be our compère and will judge best 80’s attired man and woman and best 80’s man and woman dancer. His response to our invitation was “I hate the 1980s, I went to school during it, I hate the fashion and a lot of the music.” We felt this was just the ticket as Simon Price advertises Spellbound as “the ‘80s club night for people who HATE 80’s nights.”

We all need to work on our dances to win a bottle of fizz. A word of warning though, I witnessed my best friend being carried off the dance floor having knocked herself out with her own knee, Ska dancing to The Specials. Incidentally, she celebrated her birthday yesterday with her leg in plaster having broken it disco dancing at a wedding. Marsden, you know who you are and you’re not joining in on our 80′s dance competition!

The tickets for this event will be £15 and can be bought online through the Buy Tickets button below. This price includes a delicious, locally-sourced buffet.

There will also be live music from David Golden performing 80′s hits from bands such as The Clash, The Jam and Soft Cell.

I look forward to seeing all of you who can join us on 7th June at Latest MusicBar, from 7pm – 2am, to celebrate our birthday and to support the great work that Adventure Unlimited carry out.

(Bookings made through WeGotTickets are subject to a £1.50 booking fee. You can avoid the booking fee by buying your tickets in advance, in cash, at Latest MusicBar or paying by card for a £1.00 fee.)

As regular readers of my blog posts will know, this month has seen a raft of new and proposed changes to the world of employment law. My stance on these changes is straightforward; for the most part they will limit an employee’s access to fair treatment and justice and some of the proposals will cause unnecessary confusion for employers.

In light of these controversial changes to employment law I was asked by Legal Network Television, the media department of the College of Law, to take part in a training video for employment lawyers to help explain these new developments and the implications for both businesses and their employees. As I am always keen to get back on my “soapbox”, I was delighted to accept.

The personal views of myself, and other solicitors, are being filmed to assist practising solicitors, generally between four and 11 years qualified, on the impact of the changes to employment law across a number of areas. The presenter, Kirsty Wilkins, asked me what I thought about the implications on a number of recent and proposed changes such as:

• The charging of fees for claimants (employees) using Tribunal services;
• The opposition to the reforms from unions and advice providers;
• The proposals to introduce financial penalties for employers who breach an individuals rights;
• The decision to allow judges to sit alone in unfair dismissal cases, rather than benefiting from the advice of wing members;
• The proposals to increase the maximum levels of deposit orders and costs awards;
• And, most significantly, the doubling of the unfair dismissal qualifying period to two years.

I am totally opposed to this change which was introduced on 6 April 2012. This only applies to those employees who commenced employment on or after 6 April 2012, so we will have employees in the same workforce with different rights because there will be a period when people reach one year and get protection working with people who thereafter reach one year and won’t. The coalition government’s reasoning for this change is “to give greater confidence to employers in recruiting new employees, without undermining workers’ sense of job security”.

However, I consider one year, the previous qualifying period, to be more than enough time for an employer to judge an employee’s competence. The repercussion for employers is that aggrieved employees who have been unfairly dismissed are likely to look at bringing claims for alternative causes of actions such as whistleblowing or discrimination, which do not require a qualifying period. Also, employees are likely to feel aggrieved at being able to be dismissed unfairly for the first two years of employment, leading to less incentive for employees to move employer in such difficult economic times and an undermining of good employment relations between employer and employee. The only benefit that I have encountered so far is where an employer client wanted to offer temporary contracts and was able to offer an initial temporary contract every year, with the knowledge that this could be extended to up to two years, minus the notice pay, without having concerns about justifying a dismissal other than it being due to the end of the fixed contract term.

The charging of fees for bringing a claim and for the Tribunal Hearing, due to be introduced from 2013, also concerns many employment lawyers. This change will inevitably lead to a situation where people with genuine claims may not be able to afford to continue with their claim, simply because they lack the means to pay the new Tribunal fees. No fee is payable by the employer.

As we already have a costs regime which deals with the vexatious and unreasonable claimant, it is clear that the introduction of Tribunal fees is just the latest proposal in a long line of cost-cutting measures put forward by the coalition government. This goes against the aim of the tribunal service which is to provide “an easily accessible, speedy, informal and inexpensive procedure for the settlement of… disputes…” (Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004). They are also meant to ensure that the parties are on an equal footing.

In my opinion, the government’s aims to reduce regulatory burden on business, and at the same time cut the cost of running tribunals, is going to have an adverse effect on both employers and employees for some of the reasons above. In my previous post I explained I am taking part in a consultation working party for the Employment Lawyers Association where we will examine the government proposals to introduce compensated no-fault dismissals for micro-employers.

I greatly appreciated the opportunity to have my say in the College of Law’s training film. Everyone on the production team was extremely supportive in helping me find my best angle!

These are interesting times in the world of employment law, and change is afoot. Unfortunately the changes which will come in from tomorrow, 6 April 2012, will limit access to fair treatment for employees. Furthermore, the coalition Government’s planned changes are likely to cause confusion and uncertainty for both employers and employees.

The most important and retrograde change, which occurs tomorrow, is that the qualifying period for unfair dismissal will increase from one to two years. However, the good news is that this will only affect employees whose employment starts on or after 6 April 2012, meaning that those employees already in work before this date will not lose any of their rights. This will nevertheless have the unfortunate effect of creating a two tier system, with some employees having greater rights than others, even though they may have only been hired a few days apart.

In addition, the maximum deposit that either employers or employees may be required to pay if their claim or defence has little reasonable prospect of success has changed. This increases from £500 to £1,000. However, in our experience these are rarely used. This may be because it is the unrepresented employee or employer who faces a deposit order because they haven’t had the benefit of professional assistance in setting out their claim or defence. In addition to the increase in deposits, maximum costs awards have been raised from £10,000 to £20,000, for example where a party has acted unreasonably or vexatiously. (However, there always was the opportunity to apply for an increase over and above £10,000 by having the bill taxed.)

Another change will be that witness statements will be taken “as read” at the hearing unless a Judge or Tribunal directs otherwise. This means the Judge will not have the statement read out to them by the witness. This applies to all cases that are heard on or after 6 April 2012. Witness expenses paid by the Tribunal service are to be withdrawn; this affects claims presented on or after 6 April 2012. In addition, Judges will now sit alone on unfair dismissal claims. This was something that neither employers, employers’ representatives or employee representatives were very keen on because the practical input supplied by unpaid wing members (who usually come from employer or trade union organisations) is seen to be of value.

Consultation still continues on a number of controversial issues. I am pleased to advise that I am part of an Employment Lawyers Association micro firms working party which will look at compensated no-fault dismissals for micro-employers. Twenty lawyers in all will work in groups to deal with the different issues that are likely to arise, and these results will be fed back to the Government. However, as has been seen in relation to other consultation processes, there is no guarantee that the Government will listen when the overriding objective seems to be cost savings for the Tribunal service.

And on that note, Happy Easter!

The Department of Health has announced that families only have until 30 September 2012 to reclaim wrongly paid care home fees.

Many families are unaware that they qualify for NHS continuing healthcare funding, and so may have been making unnecessary financial contributions towards a loved ones care. Often this can mean selling their home or other assets.

The reclaiming deadline applies to care home fees paid between 1 April 2004 and 31 March 2011. Even if the person receiving the care has since died, families may still be entitled to seek a refund.

With the deadline only a matter of months away, it’s vital that families who feel they may have been entitled to NHS continuing healthcare funding contact an expert community care solicitor to look into their case. This highlights the need to act promptly, because if the family only seek legal advice at the end of the process, when the case is with the health service ombudsman, it is very difficult even for an expert solicitor to make a difference.

My team have a strong record in fighting complex NHS continuing healthcare cases. Between November 2011 and January 2012 our team recovered awards worth over £400,000 for 11 different families across England, together with ongoing funding of approximately £40,000 each year for those still in care. Take a look at our case studies or contact us to arrange a free initial assessment of your case.

Now that we have recovered from our excitement and hangovers, I thought I would divulge all about our night out at the Gatwick Diamond Business Awards. We were thrilled to win the Digital Media Campaign of the Year Award for our “Mind The Bump” pregnancy and maternity discrimination campaign.

The event was hosted by Rory Bremner, who was very funny. I last went to see him in 1996 and he is just as funny about the coalition Government as he was about the previous Tory Government.

I had a good feeling that we were going to win the award at the pre-reception drinks. Our award was judged by Amanda and Jeremy from Gatwick Airport. I jokingly told them that at a previous awards ceremony I had refused to go up and get my trophy as I had only been a runner-up (true!). Fortunately there was no uncomfortable silence but Jeremy did laugh like a drain and pretended to frog-march me out of the building.

My co-director Cate Searle and I were very lucky to be sitting at a great table which included attendees from Gatwick Diamond Jobs and recruitment group Hays. We began to feel even more optimistic when the G4S delegates on our table won one of the first awards for Green Business Champion. We definitely felt we were on the winner’s table.

By the time we were called up as winners of our award, we were a little worse for wear. Fortunately Jeremy Taylor, the organiser of the awards, was insistent that none of us were allowed to give speeches. Once we had had our celebratory peck from Rory Bremner and our photograph was taken we were quickly escorted to the next room to give an interview in front of a camera.

Cate immediately whisked our beautiful glass trophy to our hotel room as we have a bad habit of losing valuable items on work outings. Consequently, when everyone came over to congratulate us, they were a little concerned that I had neither the award nor Cate! In her excitement as she emailed all her friends and family about our win she missed the rest of the award ceremony and somehow managed to lose our company credit card in the process.*

At the after show party we embarked on some dodgy disco dancing and much fun was had.

We would like to thank the judges of our award for recognising our campaign. We’d also like to thank all of the attendees from the Gatwick Diamond area, who were great company, and we look forward to seeing them all again at future events.

* I felt very smug that this time it was Cate who had been the forgetful one. This didn’t last long, as I then discovered I had lost my glasses during the evening. So I also wish to extend a big thanks to the staff at the Copthorne Effingham Park Hotel for promptly sending them back to me.

(photo: Jon Rigby)

Fiona Martin and Cate Searle are at the Black Tie event at the Copthorne Effingham Park Hotel where they received the award from impressionist and comedian Rory Bremner for our pregnancy and maternity discrimination awareness campaign “Mind The Bump”.

We’d like to congratulate our fellow finalists, Chris Wall Creative and Elevate Local, as well as thank our partners and other businesses in Sussex including Same Sky, MDHub, Business Community Partnership, Splash FM and Belinda Gannaway for all their support with our campaign.

Fiona Martin will post more details about the event in the next few days, after we’ve finished celebrating!

If you have been dealing with an employee or a worker who is complaining that their pay is not fair in comparison to a colleague’s pay then taking action at an early stage is always wise. Matthew Grant, an equal pay expert in our employment law team, shares his top 10 tips for defending an equal pay claim.

(For simplicity, I’ll refer to the person raising the equal pay issues as the “worker” throughout).

1. Find a solicitor who is an expert in equal pay: An equal pay claim is one of the most complex claims to defend in an Employment Tribunal. Not only is the law technical and the case law contradictory, but there are several stages to the process and both parties have their own legal “hurdles” to cross. This means you need a lawyer who is well versed in the law surrounding equal pay claims to stand you in good stead right from the beginning.
2. Refresh yourself on the job histories of the people involved: A good starting point (both for employers and lawyers) is the job history of the male or female worker and the person  of the opposite sex with whom they are comparing themselves (the “comparator”). As an equal pay claim can span a period of six years it is important to know what has happened during this time, particularly to the worker. Have they changed job roles in the previous six years? Have they had a career break? Has their employment been the subject of a TUPE transfer? Exploring these issues fully with a lawyer at the outset is extremely important so that you can be very clear about the period that may present a threat.
3. Know your pay figures: Once you have refreshed yourself on their employment histories and worked out what period you might need to worry about, the next thing you need to establish is the figures. You and your lawyer will need to look at exactly what “terms” (typically pay and benefits) that your female and male workers have benefited from. The best starting point is to compare pay slips. Be very clear about the differences in basic pay, and also look at bonuses, ex gratia payments, commission, and so forth. Think also about any benefits that do not show on a pay slip – for example company cars, targets, annual leave entitlements etc. Going through this process will enable you to establish if there is a difference in pay at all – if there isn’t any difference then you may breathe a sigh of relief.
4. Dig deeper: Once you have established the period and pay differences under scrutiny, think carefully about why the comparator has been better paid than the worker. For example, looking over job interview notes for the comparator may help to refresh your memory about what they were earning in their previous job, or what salary expectations they expressed during negotiations. If you have inherited employees through a TUPE transfer then this might go some way to helping you to justify the pay differences. If you discover that there is a reason for the pay disparities, then your lawyer will advise you on how to explain this to your worker.
5. Think about what work the worker and their comparator do: Remember that it is for the worker to establish that they do equal work with their comparator for the duration of the period of the claim. In most cases the worker will claim to do “like work” or “work of equal value” and therefore examining their respective duties and responsibilities is crucial. Unless you directly supervise the worker and their comparator, you may need to talk to their line managers to get the full picture – both about the present and the past. Analysing how their jobs have changed over time could well highlight that the work might be of equal demand today, but wasn’t previously
6. Be careful what you say: Set out your responses in the grievance process and when responding to the Equality Act Questionnaire with care. Remember that anything you say at this stage – however innocently or well-intentioned – could be repeated later and misconstrued. For example, to say “Mr Smith is paid more than you because he does a better job” could make life difficult if you later rely on a defence of market forces. Your lawyer must advise you what you should and should not say, and will help you to prepare careful responses to any grievances and/or Equality Act Questionnaires.
7. Use the early stages of the Employment Tribunal process to your advantage: Usually the first hearing that the Employment Tribunal will hold is a Case Management Discussion. Ideally you should be represented at this hearing, but if not, you should prepare well for this. Use this as an opportunity to make your worker spell out their case. Wherever possible encourage them to limit the number of comparators they wish to rely upon to make the process more manageable. Make sure that the Tribunal’s Orders allow you plenty of time to disclose the information you need, and that the information and documents you are required to give are not too extensive.
8. Use the Equal Value Rules to your advantage: Whenever a worker claims to be doing work of equal value you should acquaint yourself with the Equal Value process and in particular the requirement to facilitate fact-finding meetings and prepare job descriptions. You should help your comparators and their line managers to understand just how demanding their role is and you should encourage them to consider this in terms of the factor headings that your Independent Expert will use.
9. Negotiating settlement: As in most forms of discrimination claims, where there has been unequal pay, early offers of settlement ensure that the relationship does not irretrievably break down and will save you legal fees.
10. Equal Pay Audits: These are a good way of identifying where equal pay claims might exist and where your defences might be weak. Carrying out an audit effectively and taking corrective action can allow you to reduce unequal pay going forwards, minimising the risk of complaints and reducing any potential liability. You should seek expert help in carrying out any audit to ensure that you look at all job roles objectively and fairly, and to ensure that any corrective action will achieve the overall aim you are striving for. This help may be from a lawyer and/or an HR Consultant with the necessary expertise and experience.

If you have any questions about equal pay issues, leave a comment below, or get in touch with Matthew at matthew@ms-solicitors.co.uk.