Wollens have a vacancy for an experienced, preferably at associate level, Commercial Property Solicitor / Chartered Legal Executive to work in the firm’s offices in Exeter or Barnstaple. Wollens is a dynamic and successful Devon-based firm. It has shown exceptional...
According to the Federation of Small Businesses, approximately 50,000 commercial enterprises are forced to close their doors each year due to the late payment of debts. This is a grim statistic that highlights the real problem businesses face when money owed to them...
With the start of a new academic year fast approaching for many students, it is also the start of a new tenancy agreement. Although you’ve likely just paid your deposit, it is important to take steps from the start to ensure the full deposit will be returned to you...
Early-stage businesses often struggle to secure cost-effective funding, but sometimes funding alone is not enough to help them thrive, especially when expertise is critical to success. A business angel can provide both, and this could be a good solution to explore and...
On top of the heartbreak and worry that a diagnosis of a life-limiting illness can cause, there will be a raft of concerns and uncertainties about your care and financial affairs, and it can be difficult to know exactly how to prepare from a legal standpoint. ‘There...
We have a fantastic opportunity for an enthusiastic individual to join our Family Team, to work in the firm’s brand-new South Devon Office based in the heart of Torquay. This is an attractive opportunity to join a progressive, and professional team who work together...
Case Study The team at Wollens were able to help a mother who had been accused of causing injuries to her child. Eventually the case revealed that the child suffered with a metabolic bone disease & it was proven that the child’s mother was not to blame....
What is the Trust Registration Service? In October 2020 new legislation was introduced which means that certain trusts, regardless of whether they have a UK tax liability, have to provide information to HMRC. The Trust Registration Service (TRS) is a register of the...
Whether you’re starting a joint venture or in a long-standing Partnership, being certain of the security of your business’ future should be a priority. Here at Wollens we don’t hear enough questions on this, rather statements that partnerships are ‘secure’ through...
Discrimination arising from disability happens when an employer treats an employee unfavourably because of ‘something’ arising from their disability and the employer cannot justify the treatment as a proportionate way of achieving a legitimate business aim. In DWP v...
We have a fantastic opportunity for an enthusiastic individual to join our Records team in the firm’s brand-new South Devon Office based in the heart of Torquay. This is a chance to join a progressive, and professional team who work together in purpose built modern...
In response to the coronavirus pandemic, the Government made an unprecedented financial support package available for struggling businesses. Millions of enterprises took advantage of the help on offer, but because of the speed with which the various schemes were...
Holidays abroad are back, but due to staff shortages, airports are struggling, and flights are being routinely cancelled and delayed across the country, including domestic and European routes often last minute. So with the school summer holidays fast approaching and...
If you’ve ever considered building your own home but don’t know how you are going to fund it, the Help to Build loan might be an option for you. The Help to Build loan is a government equity loan scheme for people in England who want to custom-build or self-build...
Section 230(3)(b) ERA says that an individual will be a ‘worker’ if they work under a contract with the company and have agreed to personally perform some work. However, they won’t be a worker if they are running their own business and the company is a client or...
A constructive dismissal arises where an employer fundamentally (seriously) breaches the employment contract and the employee resigns in response to the breach. The EAT has recently overruled an employment tribunal’s analysis of what a fundamental breach must entail...
An employer should follow the Acas Code of Practice on disciplinary and grievance procedures when dealing with grievances or dismissing an employee for disciplinary reasons such as misconduct or poor performance. The Code does not apply to redundancy dismissals. If...
Restrictive covenants are terms in contracts of employment which restrict the employee’s activities after employment has ended. They will be void – and unenforceable – for being in restraint of trade unless the employer can show it has a legitimate...
If an employee wins an unfair dismissal claim, the employment tribunal can award compensation that they consider to be ‘just and equitable’ bearing in mind the employee’s losses. In most cases, there is a statutory limit on the amount of compensation that can be...
New regulations have been put before Parliament which change the rules on who can sign employees off sick from work. Usually the work of a GP, and limited currently to doctors, the new rules allow other healthcare professionals to provide employees with fit notes for...
The B word – banter – is a word employers should dread. Good teams will thrive on a joke or two between workplace friends. However, offensive and potentially discriminatory comments can be masked as ‘banter’, indicating to the recipient that taking offence...
If you are a landlord of commercial property, you will have chosen your tenants carefully. A landlord wants to be sure that a tenant will pay the rent and service charge, and that the tenant will comply with the obligations in the lease so that the property is kept...
Last month, the Prime Minister announced an extension to the Right to Buy scheme in an attempt to make home ownership possible for millions more in the UK. Right to Buy is a government scheme that allows most council and now housing association tenants in England to...
Acting as an executor means that you are responsible for reporting the value of the estate and declaring any inheritance tax due, so it is important to make sure you follow correct procedures. ‘Since January 2022, new rules apply in respect of reporting inheritance...
Clinical Negligence Lawyer, Elizabeth Larner Case study Elizabeth Larner reached a settlement on behalf of a lady who suffered significant damage to her hearing as a result of a perforated ear drum caused by a nurse. A Devon lady has been awarded compensation as a...
Property buyers looking to pay reduced rates of stamp duty when buying multiple residential properties or claiming mixed residential and non-residential use can expect a tightening of the rules following a consultation by HMRC. Stamp Duty Land Tax (SDLT) is payable in...
Becoming or working towards being a greener business is nothing new, but the pressures are mounting to take environmental issues more seriously as an important corporate responsibility, and to show real action and commitment beyond just marketing puff. ‘Using...
What is it Parental Alienation? Parental Alienation can occur when separated parents intentionally and unintentionally isolate their child from the other parent – this can occur in the following ways: Repeatedly breaking or changing agreed arrangements Blocking calls,...
We have fantastic opportunities for enthusiastic individuals to join our award-winning Family Team, to work in either our Exeter office or our South Devon Office based in the heart of Torquay. Wollens is a dynamic and successful Devon-based firm. It has shown...
The Office for National Statistics has published its review of sickness absence rates in 2021. Unsurprisingly, in the middle of a pandemic, 2021 saw the highest rate of sickness absence in a decade. The UK’s sickness absence rate rose from a record low of 1.8% in 2020...
‘Without prejudice’ correspondence or conversations, which take place in a genuine attempt to settle a dispute, cannot then be used as evidence in subsequent legal proceedings. There are a few exceptions, including that the without prejudice rules should not be...
Are your job advertisements putting off potential recruits? Chatter Communications, an employee brand agency, recently conducted a survey of 230 job adverts on the websites of FTSE 100 companies and analysed the findings. The survey found that only 5 per cent of job...
A harasses B if they engages in unwanted conduct related to a protected characteristic (such as race or sex) that has the purpose or effect of violating B’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. A...
The Office for National Statistics has reported that 1.2 million people in the UK are suffering from long Covid, prolonged symptoms that impact their ability to do day to day things. Long Covid is a term used for people who experience symptoms for 4 weeks or longer,...
Back in 2015, the government banned the use of exclusivity clauses in zero hours contracts. Clauses that stop a zero-hours contract worker from working for another business, or which say that the worker cannot work for anyone else without the employer’s consent, are...
A victimises B if A subjects B to a detriment – treats them badly – because B has done a ‘protected act’. Protected acts can include making allegations of discrimination or bringing a discrimination claim. Even if the discrimination allegation itself turns...
If an employee wants to bring an employment tribunal claim, they must first go through Acas early conciliation (Acas EC) and wait to receive a certificate. The certificate number must then be listed on the form. The claim must be rejected if Acas EC has not been...
Many employment tribunal claims involve claims for both unfair dismissal and discrimination. They therefore involve the application of different legal tests to the same set of facts. Capability dismissals in particular lend themselves to claims that there has been...
Section 100(1)(d) and (e) of the Employment Rights Act 1996 provides employees with protection from dismissal if they exercise their right to leave the workplace or refuse to return to it, or take other steps to protect themselves, if they reasonably believe there is...
Our commercial property solicitors outline the considerations when redeveloping commercial property around your tenant. Redeveloping parts of a building in your portfolio, to create a more flexible layout or perhaps add additional floors, can be a good way to enhance...
If you are considering giving Power of Attorney to a loved one, we understand that this may feel overwhelming. There are many considerations, including choosing someone you trust to carry out your wishes and conduct your affairs as you would want. Choosing the right...
We will be closed for the extended bank holiday on Thursday 2nd June and Friday 3rd June, our website Live Chat service is available throughout the weekend or you can email us on info@wollens.co.uk or use a contact form on our website. We will re-open on Monday 6th...
From individual landowners to corporate developers, everyone is being encouraged to play their part in enhancing our environment by planting trees for The Queen’s Green Canopy, an initiative to mark Her Majesty’s Platinum Jubilee in 2022. Growing awareness of the role...
If you have recently divorced, you may be wondering what happens next. Going through the divorce process can be challenging, and even after you have come to an agreement, there may still be legal matters left unresolved. When you are married to someone, your lives are...
Cosmetic procedures have become increasingly common, but unfortunately, they do not always go to plan. If you have undergone a cosmetic procedure that has not gone as planned, we understand the devastating impact this may have on your life. A cosmetic procedure gone...
There are many reasons why someone might choose to leave money to charity in their will. Tax planning may be a key incentive, or it could be due to a lack of close family members. Some may simply wish to create a longer lasting personal legacy or they might have...
We know that separation and divorce can be a stressful and emotionally challenging time for all involved. It is a situation where children can feel in limbo between their parents so seeking advice and guidance on the various options available to best deal with child...
Businesses may need to send someone to court for a variety of reasons; from recovering an unpaid debt or contractual overpayment, to defending a personal injury claim or tax action brought against them by HMRC. Whatever the circumstances, there will be a need for...
Rebecca Procter, partner and head of the Family Team at Wollens reviews the impact of the new divorce laws introduced last month. When the clock finally chimed for no-fault divorce, courts saw a surge in petitions from couples looking to avoid the blame game but...
With summer just around the corner, many people are planning to make changes to their gardens. Some changes might be extensive, including decking, a garden office, fences or a total landscaping overhaul. While you generally won’t need permission to plant your...
Wollens have a vacancy for a Property Solicitor / Chartered Legal Executive / Senior Residential Conveyancer to work in the firm’s brand new South Devon Office based in the heart of Torquay. This is an attractive opportunity to join a progressive and professional...
We have a fantastic opportunity for an enthusiastic junior lawyer to join our dispute resolution team, to work in the firm’s South Devon Office based in the heart of Torquay. This is an attractive opportunity to join a progressive and professional team who work...
Do you have the skills and knowledge and experience to support clients who lack capacity to make decisions about their health and welfare, or their property and finances? Perhaps you have personal experience of caring for a family member, partner or neighbour –...
When buying or selling a house, there are various checks that need to be undertaken. These include structural surveys, checks on utilities and examination of the legal title for rights and covenants. A more abstract and unusual part of a property transaction relates...
Setting up a new business is an exciting time, and there are a thousand things to think about, but if you are launching your new venture with one or more other colleagues it is imperative to decide in advance how you are going to structure it legally. One popular...
Almost a month into the new tax year, we are reminded that 2022/23 may be particularly tough on our finances. It is essential to look ahead and be prepared for changes to the law and how these might affect your tax and other financial circumstances. In this article,...
Expert advice in the ever-changing world of business is being offered by our specialists at Wollens. The Wollens Employment and Business Club has proved to be very popular with businesses of all sizes and is now back for 2022. Following two years of on online events...
Even the most promising development can be knocked off course if the land is subject to a restrictive covenant. Restrictions of this sort can prevent land being built on or being used for specific purposes for many years, even if the development has planning...
When the New York Times announced in February 2022 that they had bought the popular free to play word game Wordle for a seven-figure sum, there were a few raised eyebrows. How could a game that was only launched a few months earlier, which has never generated any...
When applying for probate in regard to an estate which is subject to inheritance tax, the Probate Registry requires tax to be paid before the grant of probate application. This can prove difficult as most financial institutions will not pay out sums to executors...
The Government’s Living with Covid strategy removed one of the final hurdles towards a return to full-time office working, but many are expected to continue working from home under the new regime. The potential of reduced property costs combined with positive feedback...
We have a fantastic opportunity for an enthusiastic Lawyer to join our dispute resolution team, to work in the firm’s Exeter office. This is an attractive opportunity to join a progressive and professional team. Wollens is a dynamic and successful Devon-based firm....
Last week it was announced that P&O Ferries LTD had made mass redundancies across their crewing team, leaving 800 employees without work. This announcement was made by live video call to all 800 individuals, with no apparent consultation process having been...
Sophia Goodall is a Trainee Solicitor in the Family team at Wollens and writes this helpful guide to forthcoming changes in divorce law. Going through a divorce can be an emotional and tense situation, let alone trying to negotiate matters on child arrangements and...
Employees might be tempted to squirrel away paperwork before they leave employment in order to feather the nest of any potential legal claims relating to that employment especially if they are concerned that the documents will not be disclosed in future proceedings....
From 6th April 2022, the limits on employment tribunal compensation will increase and apply to any dismissals that take place after that date. The key changes are: The maximum award for unfair dismissal will be the lower of either 12 months’ pay or £93,878 (up from...
Is it unlawful harassment to ask a flatulent colleague to stop breaking wind in a shared space? Not according to the employment tribunal in Mohammed v CPS. In this case, the employee was a barrister and Senior Crown Prosecutor. He had a heart condition, the medication...
Regulation 14 of the Working Time Regulations 1998 (WTR) sets out a worker’s right to a minimum of 4 weeks’ paid holiday per year which derives originally from the Working Time Directive (WTD). In a case called Bear Scotland v Fulton, the EAT said that a three-month...
We have seen many worker status cases over the last few years. The majority stem from the gig economy, with many cases finding that an individual described in contractual documents as self-employed is really an employee or a worker of the business. This month has seen...
Additional terms can be implied into employment contracts where certain facts reflect the parties’ contractual intentions. A term can be implied to give business efficacy to the contract – to make it work. Or it can be implied if the term is so obvious that if an...
If a tribunal decides that an employee has been unfairly dismissed, it can reduce compensation, potentially to zero, for two reasons: because the dismissal would have occurred anyway regardless of any procedural errors (the Polkey principle referred to in the...
The government has given more information about when it will introduce new laws requiring employers to pass on all tips to workers. The government has said previously that tips earned by workers should go to the workers that customers intended them for. The new laws...
If an employee succeeds in a claim for unfair dismissal, an employment tribunal can order that compensation is paid which includes loss of earnings. The same is true for discriminatory dismissals. However, the tribunal does not have to do so. The principles set out in...
Creating a will with a life interest trust over your property allows you to ensure that your home passes to those you choose, whilst also allowing you to provide for another loved one during their lifetime. ‘Life interest trust wills are particularly popular with...
When a commercial lease is due to end, both landlord and tenant will consider their business plans to decide whether they want to put a new or extended lease in place. Many business tenants have an automatic statutory right to ask for a new lease when their existing...
If you have developed a new product, or perhaps come up with an innovative way of doing something, you may find that other businesses who are keen to make use of your ideas or creations ask you to enter into an intellectual property (IP) licensing agreement. It may be...
Sick pay policies have been hitting the headlines with many big-name employers withdrawing company sick pay benefits for staff who remain unvaccinated against Covid-19 and have to self-isolate. The highly infectious Omicron variant has led to mass absences across the...
There is still much uncertainty about the true impact of coronavirus on all aspects of our lives. Inheritance tax is no different, with the fallout of the pandemic affecting the value of estates, inheritance tax planning, and the valuation of business assets...
With guidance to work from home where possible now lifted, employers can plan a return to work for employees – many of whom will have been working from home for some time. Employees, however, may have different plans. Many people will still have concerns about...
In England and Wales, public rights of way give you permission to walk, ride, cycle and drive in public rights of way in the countryside. The Countryside Code also provides rules about ensuring rural areas are safe and enjoyable for visitors and that visitors to the...
Back in 2020, the Supreme Court said that a bakery and its Christian owners had not directly discriminated against a customer when they refused to bake a cake bearing the slogan ‘Support gay marriage’. Ending seven years of litigation on this case, the European Court...
Conduct is one of the five potentially fair reasons for dismissing an employee. Gross misconduct is the term often used for the most serious types of misconduct that undermines the employer’s trust and confidence in the employee to such an extent that it justifies...
An employment tribunal can extend the time limit for bringing a discrimination claim if it is just and equitable to do so. The things which the tribunal will consider include the length of the delay and any reasons for it, whether the cogency of evidence is affected...
Discrimination claims must usually be brought in the employment tribunal within three months of any discriminatory act occurring. If the act is one in a series of discriminatory acts, a claim should be brought within three months of the last act in that series. In...
Employers must ensure that the workplace is safe for employees. Businesses can be held responsible for the acts or omissions of their employees which take place ‘during the course of employment’. In Chell v Tarmac Cement and Lime, the High Court has looked at whether...
The Women and Equalities Committee is conducting an inquiry into menopause and the workplace. In January, MPs heard from high profile employment lawyers who support making menopause a new protected characteristic alongside the other nine which are included in the...
Section 230 Employment Rights Act 1996 sets out the legal definitions of employee and worker. To be a worker – and gain the benefits of paid holiday and national minimum wage – there must be a contract between the business and the individual, the contract must...
An employment tribunal in London has awarded a female banker one of the largest awards of compensation ever made by a British employment tribunal. In Macken v BNP Paribas, the employee was a banker with a global banking and financial services company. She won her...
Mandatory vaccination for NHS and social care workers is set to be scrapped. Sajid Javid, Health and Social Care Secretary, said he believes that the position has now changed with the omicron variant proving to be milder than previous versions of the virus. No doubt...
John Mousicos is part of the Dispute Resolution Team at Wollens. John, age 51, completed his training earlier this month (February 2022) and has now successfully qualified as a solicitor. He shares his story of how his journey into law as a mature student has...
In certain circumstances the Local Authority has a duty to provide alternative accommodation to children under the age of 18. There are a number of different circumstances which might lead to the local authority needing to intervene and ensure the safety of a young...
Many people who are injured in accidents or by their work have a visible injury, one that can be demonstrated with x-rays or with photographs or with simple tests which show the extent of their difficulties. A broken leg, a cut, a burn. There are other times when the...
The news that Midas Group Limited and its main subsidiary has gone into administration is very unwelcome news for the region. A total of 303 Midas employees have been lost so far, with likely hundreds more to follow. The failure will affect numerous construction...
Wollens are delighted to announce that we have agreed a year-long partnership with Exeter Northcott Theatre to support its charitable work providing creative opportunities for the people of Devon. Exeter Northcott welcomes more than 100,000 people through its doors...
If you are contemplating buying another business, then you will have been suitably impressed with the sale particulars. But these do not tell the whole story and when you decide to acquire the assets of a business you will want to satisfy yourself that you can...
By family law expert Rebecca Procter. The ongoing pandemic has placed many pressures on our personal lives, with one in five relationships struggling to survive according to research by University College London. It’s a further regrettable statistic from the past two...
The Government’s latest lifting of Covid-related restrictions, allowing business to return to the workplace, should mean worker welfare is a top priority according to health and safety experts. Personal Injury specialist Chris Tagg takes a look at the businesses...
With people seeking greater flexibility and a better work-life balance, small and medium-sized businesses (SMEs) now account for 99 per cent of all private businesses in the UK. ‘Launching and building your new startup is an exciting time and contingency planning is...
An employee has the right not be subjected to detriment by their employer on the ground that they made a protected disclosure. In deciding whether treatment is done ‘on the ground’ of making a protected disclosure, the tribunal must decide whether the protected...
Stockbrokers at London firm FinCapp have decided to give their employees unlimited holiday entitlement. After a bumper 6 months for workload and profit, the business has decided to introduce the policy to guard against staff burn out. The move will flip the standard...
Section 15 of the Equality Act 2010 deals with discrimination arising from disability. This is where an employee is treated unfavourably because of something arising from their disability. An employer will have a defence if it can show that its actions were a...
Employers must follow the Acas Code of Practice on Disciplinary and Grievance procedures when dealing with employee grievances or dismissing for misconduct or poor performance. If an employer does not follow the Acas Code, an employment tribunal can increase...
For a dismissal to be fair, the reason (or main reason) for the dismissal must be one of the potentially fair reasons under section 98 of the Employment Rights Act 1996. These are capability, conduct, redundancy, statutory illegality, or some other substantial reason...
Eligible employees who are off sick are entitled to statutory sick pay of £96.35 per week for up to 28 weeks. The employee must earn on average £120 or more per week and must be off work for at least 4 days in a row (including non -working days). Medical evidence is...
The law sets out the minimum hourly rates that workers must be paid. It isn’t always as simple as simply paying that minimum rate for each hour worked. Some deductions from the worker’s pay, or payments made by the worker, are relevant and will reduce the amount of...
Section 6(1) of the Equality Act 2010 sets out the statutory definition of disability. A person has a disability if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day to day...
The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (the Rules) contains the rules on strike out. Rule 37(1) says that a tribunal can strike out all or part of a claim (ET1) or response (ET3) at any stage of the proceedings, of its own...
An employment tribunal has found that a fear of catching Covid-19 is not a protected belief under the Equality Act 2010 (EA). Section 10 of the EA says that a belief means any religious or philosophical belief. To be a philosophical belief, the case of Grainger v...
Employers should check they are having the right conversations to support those experiencing problems in the workplace because of the menopause. Ellie Temple a Paralegal within the Corporate and Commercial Team here at Wollens explores this. With growing numbers of...
Family Law Consultant Sabina Smith offers advice on mediation during Family Mediation week. Its national Family Mediation Week! Family mediation offers a forum for separating or divorcing couples to discuss their future arrangements in a positive, co operative way,...
A Public Law Outline (also known as a PLO) process is initiated by the local authority when there are concerns relating to a child’s safety. This can be an unnerving time for parents. Sophie Rew, a Paralegal within the Family Team here at Wollens explains how our...
Personal Injury specialist Chris Tagg takes a look at the hazards associated with winter accidents. Winter. Christmas is over and if you took careful note of my pre-Christmas tips hopefully you didn’t saw your thumb off, fall off a ladder putting the decorations up...
Understanding the Differences Between an Asset Purchase and a Share Purchase. Uncertainty. Risks. Challenges. Many businesses have been through a lot in recent months; however, for some, the turbulence has now given way to, if not created, opportunities for growth....
Wollens have a vacancy for an experienced, preferably at associate level, Commercial Property Solicitor / Chartered Legal Executive to work in the firm’s offices in Exeter or Barnstaple. Wollens is a dynamic and successful Devon-based firm. It has shown exceptional...
Family Law Consultant Sabina Smith looks at the changes to divorce law coming from April 2022. This year sees a significant and long awaited change in the law for divorce in England and Wales. 6 April 2022 is the scheduled date when all fault-based divorce will be...
Personal Injury specialist Chris Tagg takes a look at the hazards associated with this years festive season. So, this is Christmas. After the isolation of last years festive season, this year we have at least the chance to get together with friends and family and...
The biggest penalty yet for a conviction under the Bribery Act is a reminder to be abreast of the legislation during the Christmas corporate gifting season. Companies and customers are set to miss another year of Christmas parties and corporate entertaining, following...
In September 2021, the government finally confirmed that the long-awaited cap on care costs, which was provided for in the Care Act 2014, was finally going to be introduced. Further details have just been released and a brief analysis of how this will work is set out...
Breach of confidence has been in the headlines with the recent case brought by the Duchess of Sussex against the press for making use of a private letter she had written to her father, but it is equally valuable in preventing misuse of intellectual property by...
Dispute resolution departments of law firms across the country are kept busy by a variety of cases ranging from simple debt claims to consumer issues with products or services, or from neighbour disputes to contested probate claims. Each case involves its own set of...
We would like to wish all of our clients a very Merry Christmas and a happy New Year! Christmas opening hours 2021 Thursday 23rd December 9am – 1pm Friday 24th December CLOSED Monday 27th December ...
Professionals working with the elderly and vulnerable are raising concerns over future safeguarding following a dramatic fall in the number of lasting powers of attorneys registered during the coronavirus pandemic. Figures from the Office of the Public Guardian, the...
The government has unveiled its long-awaited plans for arbitration to handle pandemic-related commercial rent arrears, with a code of conduct that effectively sets the standard for the draft legislation, which is expected to follow through next year. To protect...
If you are faced with dealing with a childcare matter, perhaps because of a separation or marital breakdown, it can be daunting to consider everything necessary regarding the process. Our lawyers are highly skilled and can support you through this journey regardless...
Commercial landlords rely on insurance to cover the cost of repairing damage to their investment property beyond normal wear and tear, and business tenants expect a rent holiday if they cannot use their premises. Many commercial landlords and tenants, whose premises...
If you are planning to appoint a new director to work in your business who will also acquire shares in your company then, as well as drawing up a service level agreement to govern their employment, you will also need to consider whether you need to make any changes to...
If your business discovers that it has entered into a commercial contract based on factual or legal statements that turn out to be untrue, what can you do? It may be possible for you to bring the contract to an end and to claim compensation for any losses that you...
Exeter Chamber held their annual general meeting at Exeter College on Monday 8th November, where two new board directors were officially appointed. Patrick Tigwell of Thomas Westcott Chartered Accountants replaces Laura Seaward as Treasurer and Wollens partner,...
It has been a requirement for many years to carry out collective consultation when contemplating a redundancy programme that proposes to make 20 or more employees redundant at an establishment within the period of 90 days. A failure to do so can result in protective...
HR Review has recently reported that the British Medical Association (BMA) has argued that working from home, the wearing of face masks and other measures contemplated in the Government’s ‘Plan B” should now become compulsory again, in light of the rising number of...
The recent EAT case of Rooney v Leicester City Council appears to be only the second case at appeal level addressing disability discrimination arising from menopause symptoms. In order to be classified as disabled under the Equality Act, a person must have a...
The Fawcett Society, a charity campaigning for gender equality and women’s rights at work, has published recommendations for employers to tackle sexual harassment in the workplace. Their report states that at least 40% of women have experienced workplace harassment,...
In the overwhelming majority of cases, Employment Tribunal hearings are held in public, and their decisions made available on the internet for everyone to read. However, there are occasions when it is appropriate to prevent or restrict the public disclosure of...
The Department of Health and Social Care has issued detailed operational guidance in relation to staff working in care homes. From 11 November 2021 all care home workers and anyone entering a care home needs to be fully vaccinated, unless they are medically exempt. ...
Unlike other acts of direct discrimination, age discrimination can be justified by an employer where they can show that the otherwise prohibited treatment was a proportionate means of achieving a legitimate aim. The EAT has delivered judgements in two cases (Pitcher v...
In Secure Care UK Limited v Mr R Mott, an employment tribunal found that when an employee is dismissed by reason of having made a protected disclosure in accordance with the whistleblowing legislation, that dismissal will be automatically unfair, even if the employee...
There have been a number of gig economy cases examining whether individuals satisfy the definition of ‘worker’ under s230(3)(b) of the Employment Rights Act 1996. The latest case in front of the Court of Appeal, Stuart Delivery Ltd v Augustine, involved a moped...
A secret trust can be a useful way of leaving a gift in your will if you do not wish the details of that gift to become public knowledge. Historically, secret trusts were used by those wishing to pass assets to extra-marital partners or illegitimate children without...
A child’s name can be changed with the written consent of everyone with parental responsibility. A person with parental responsibility has a legal responsibility to look after a child and make important decisions on their behalf, such as medical decisions. ...
Chris Hart, Wollens Chief Executive and Emma Reed, Partner. Wollens are delighted to welcome Partner and Solicitor Emma Reed to the Commercial department. An established, successful, and diligent lawyer, Emma will work with Wollens clients in all aspects of...
Well known Wollens Solicitor Michael Cosgrave is celebrating 50 years since he was admitted to the profession way back in 1971. This milestone fell on 1st November and the 2nd January 2022 marks the anniversary whereby Michael will have been working with Wollens for...
Making a lasting power of attorney for your finances is an important part of lifetime legal planning, especially if you have built up a portfolio of assets and investments which require regular management. While this legal authority needs to be set up well in advance...
Wollens are pleased to announce the appointment of four new partners who are based in multi locations across the region. The promotions are all from within the firms existing teams and each strengthen their departments structure. Chris Hart, Chief Executive said; “We...
In June 2021, the Supreme Court issued a judgment which has the potential to make it easier for clients who have received negligent professional advice to recover more of their losses. The decisions in Manchester Building Society v Grant Thornton UK LLP and Khan v...
“A commando course filled with real challenges. Tackle mud, fire, water, ice and obstacles to call yourself an ‘Unbreakable.” Mission: Unbreakable redefines the traditional ‘mud run’ obstacle course, because the course has been designed with 2 4...
The onset of the Pandemic resulted in many changes to modern day life, from a sudden rush of companies outfitting employees to enable them to work remotely, to the isolation from family that was experienced by many during the various lockdowns from 2020 through to...
Unlike most forms of direct discrimination, direct age discrimination can be justified as a proportionate way of achieving a legitimate business aim. Employers must now justify any retirement policy which requires employees to retire at a certain age, by showing it...
Most employers have long been alive to issues of diversity in business in terms of protected characteristics such as race, sex and disability. But what about class? Socio-economic grouping is not a protected characteristic, so is seeking to ensure a certain...
The government has published a consultation document – Making flexible working the default – which proposes various changes to the existing rights for employees to request flexible working. This consultation document comes hot on the heels of the widespread flexible...
The opportunity to appeal against dismissal is usually considered to be an essential element of a fair dismissal. In the recent case of Gwynedd County Council v Barrett, the Court of Appeal said that this is not necessarily the case in a redundancy dismissal. The...
Benefits such as permanent health insurance are often referred to only briefly in a contract of employment, with the details set out separately in an insurance policy or employment handbook. Employers usually aim to limit their liability to the terms of the relevant...
The CJEU has considered another case involving rest breaks that can be interrupted at short notice and whether they meet the requirements of the Working Time Directive. Article 2 says that working time is any period of time where the worker is working, at the...
If you have suffered an injury because of an accident abroad, you may be able to bring a claim for compensation. Many people are left out of pocket following an accident abroad because they believe it will be too expensive or too complicated to bring a successful...
Growing evidence of climate change has put sustainability firmly on the commercial property agenda. Owners, occupiers, and lenders are increasingly focused on ‘ESG’ which refers to environmental, social and governance issues. Lenders and occupiers are asking to see...
A judicial decision has seen the late Duke of Edinburgh’s will sealed for 90 years, and the value of the estate excluded from the grant of probate. The ruling highlights an often-overlooked fact, which is that a will, setting out how an individual wishes to pass on...
Christopher Tagg, Personal Injury specialist secured a settlement for a young boy who was seriously injured in a road traffic accident. The accident occurred in the early hours of the morning when a motorist was speeding, uninsured and without a licence. The vehicle...
If you are faced with a separation or a divorce it can be daunting to consider everything necessary regarding the process. Our lawyers are highly skilled and can support you through this journey regardless of the circumstances leading to it. Amelia Smith is a...
The presentation of the Devon & Somerset Law Society Legal Awards for 2020 took place last night (September 23rd) in a digital ceremony after several attempts to hold the Dinner originally planned for April 2020 were postponed for COVID reasons. Hosted by the...
A more straightforward digital system to set up a Lasting Power of Attorney (LPA) could come into play, but experts say that it is vital that sufficient safeguards are in place to protect elderly and vulnerable people from abuse. In this article, we look at how the...
Wollens are pleased to be a sponsor at South Devon Cricket Club, recognising the importance of local sport in the community. Once again young talent has been recognised through the Colts presentation night where Practice Director Clive Meredith presented the players...
When it comes to starting a business, one of the most challenging but interesting tasks you must carry out is finding the right name. However, many people do not realise that there are restrictions on what you can name your business. In the last two years, Companies...
Making sure a commercial property is well maintained is one of a landlord’s key priorities, and it is almost as important as getting in the rent. Under a full repairing and insuring lease the tenant is obliged to keep the property in a good state of repair – but what...
Our commercial litigation team looks at debt recovery options for creditors as Covid restrictions are lifted. Many businesses have suffered financially during the Covid crisis, and creditors have been urged to show restraint to avoid sending otherwise viable entities...
Sophie Rew is a paralegal within the Family Team at Wollens. Sophie’s work is predominantly dealing with care proceedings, particularly where Social Services are involved or there are allegations of non-accidental injury by a parent. She works closely with...
Poor performance – or capability – is one of the five potentially fair reasons for dismissing an employee. Having a potentially fair reason is not enough – a dismissal won’t be fair unless the decision to dismiss was reasonable overall, including a fair...
There is no upper limit on the amount of compensation that an employment tribunal can award in discrimination cases. Compensation is awarded based on the employee’s losses and what is just and equitable based on what happened. Compensation aims to put the employee in...
Harassment is where someone engages in unwanted conduct in relation to a protected characteristic (such as race or sex) which has the purpose or effect of either violating another person’s dignity or creating an intimidating, hostile, degrading, humiliating or...
The European Court of Justice cast its judgment in two German cases where Muslim employees were banned from wearing headscarves in the workplace. Although the judgment isn’t binding in the UK, courts and tribunals may take the decision into account when deciding...
Do you talk about menopause enough in your office? If you employ women aged between 45 and 55, and the issue doesn’t really come up, then the answer is no. Recent statistics from the employment tribunal show that more women are citing menopause in employment tribunal...
The government has published new guidance for employers to guide them in encouraging their employees to take up the vaccine. A special toolkit has been developed which can be shared with staff including information, common Q&As, scripts for internal conversations...
Every business has information that it wants to keep private, whether this is customer lists, pricing strategies, the ingredients to a secret recipe or even the steps involved in a new and novel industrial process. But what happens where your privacy is breached, for...
Clinical Negligence Lawyer, Elizabeth Larner Case study Elizabeth Larner reached a settlement with a residential care home who failed to provide adequate care for a resident who, as a result of the lack of care, fell and suffered inoperable fractures. The care home...
Householders spending more time at home and in their gardens during the Covid-19 pandemic is fuelling a rise in boundary disputes as infrequent niggles have translated into nagging complaints, with overhanging branches, encroaching tree roots and towering hedges...
Many commercial tenants, particularly in the hospitality and retail sectors, have accrued significant rent arrears during the Covid-19 pandemic. Despite the availability of government grants, many businesses have been simply unable to meet all of their outgoings in...
With the UK experiencing great summer weather, many people want to use this opportunity to get outside in new and exciting ways. If you own an electric scooter, quad bike or similar mode of transportation, it’s important to understand the rules and your obligations....
Our company solicitors explain the steps you need to take in preparation for admitting a new member to a partnership. Business checklist for admitting a new partner If you have decided that the time has come to admit a new member to your partnership, then there are a...
Born in Greece and educated in France and Germany before coming to the UK, at his death in April of this year Prince Philip reportedly left a multi-million-pound estate which includes assets overseas. The administration of those assets, and therefore his estate, is...
Christine’s husband died after failings occurred at her local A&E department. Christine wanted to ensure that the patients family voice was heard in order to bring improvements for others. She was supported through this process by clinical negligence...
To correct or not to correct? That was the question for the Court of Appeal in the recent case of MonSolar IQ Ltd v Woden Park Ltd [2021], when faced with an incorrectly drafted rent review provision which could have increased the annual rent from £15,000 to £76...
Parties to an employment contract where illegal activity has occurred may be prevented from bringing employment related claims. Where an employment contract has been entered into lawfully, but then illegally performed, the enforceability of the contract will depend on...
The TUC has called for long Covid to be recognised as a disability and an occupational disease so that workers can access legal protection and compensation. Their survey of more than 3500 workers, all of whom said they had contracted Covid-19, found that nearly a...
Interim relief is a powerful weapon in the employment tribunal’s toolbox. An employee can only ask for interim relief in dismissal claims relating to trade union, health and safety activities and whistleblowing. If an employee shows that there is a ‘pretty good...
Indirect discrimination occurs when an employer applies a provision, criterion or practice (PCP) to all employees which disadvantages a group of people who share a protected characteristic (such as race or sex). Indirect discrimination can be justified if it is a...
Religion or belief is a protected characteristic under the Equality Act 2010 and can include any religious or philosophical belief. Article 9 of the European Convention on Human Rights provides for freedom of thought, conscience and belief. In a case called Grainger v...
The employment tribunals have handed down more judgments this month in relation to Covid-19 related dismissals. In Accattatis v Fortuna Group, the employee worked for a company which sold PPE. In March and April 2020, he told his employer he was uncomfortable...
Next of kin is a commonly used term in everyday language, yet despite its frequent use ‘next of kin’ only provides legal rights where children are concerned and, even then, only in certain circumstances. The general rule is that the parent or guardian of a child under...
It has been quite a summer. The lock-down requirements are due to be eased as this article is published. England have taken the European Cup Final to almost the very last kick, and most momentous of all, and there is a new Highway Code on the way. This involves...
With the COVID-19 vaccine being quickly rolled out across the UK, there are concerns among some about the long-term impact and side effects of the vaccine. As a result, some are reluctant to get the vaccine themselves or let their children be vaccinated. The law in...
With many more people undergoing cosmetic surgery there is a rise in dissatisfaction from Patients. Clinical Negligence specialist Catherine Pinnegar looks at the issues. Cosmetic Surgery Clinics have reported an increase in enquiries for cosmetic procedures...
If you are thinking about writing a will, you may have considered doing it yourself. There are many templates and tools available online, along with vast amounts of information about the law and how to go about writing your own will. However, there are significant...
Clinical negligence specialist Catherine Pinnegar reviews a recent data breach and the impact it might have on patients. A cyber hacker syndicate have claimed responsibility for the recent ransomware attack on a cosmetic surgery hospital Group. The hackers claim to...
The world of social media can often seem like the wild west of the internet. Everyone has simple access to an audience and can share anything they wish. In a matter of minutes, a post can go viral, spreading a message or causing damage to a brand’s reputation....
When a landlord and tenant try to settle the terms for a new commercial lease, each party will have clear objectives. The landlord wants a secure income stream and confidence that the property will be left in good condition at the end of the lease. The tenant wants...
With travel restrictions prevailing in the UK, for many, travelling to their usual holiday destination may be impractical or even impossible. However, travelling around the UK is permitted, and with warmer weather and beautiful countryside, camping in British...
Relationships with manufacturers can become the backbone of your business in the long term, which is why it is important to have legal agreements in place that will grow with these relationships. ‘Before any contract conversations even begin, you need to have a clear...
Before the coronavirus struck, the options for landlords looking to recover commercial rent arrears were extensive. Depending on the circumstances, you could use the statutory commercial rent arrears recovery procedure (CRAR), effect forfeiture by peaceable re-entry...
Living through a global pandemic has meant seeing loved ones taken from us at an alarming rate, and it has been distressing for many to see someone taken into hospital and not know if you might be able to see them again. ‘Whilst planning ahead to document your wishes...
EU law requires all member states to ensure that individuals suffering discrimination receive appropriate remedies, including compensation. If an employee wins a discrimination claim, section 124(2) Equality Act 2010 (EA) says that an employment tribunal can make a...
Maternity Action has published a report on how they believe the shared parental leave provisions should be reformed. The charity suggests that the current scheme just doesn’t work. Government data shows that only 3.6 per cent of eligible fathers took shared parental...
In economically hard times, or when a business is restructuring, the ability to change employment terms can be an essential tool. The law does not allow an employer to change employment terms unilaterally, so giving lawful notice and offering a new contract in return...
ACAS has produced a new report called ‘Estimating the cost of workplace conflict’. It presents a snapshot of how conflict can affect businesses and the potential costs that may be involved. The report says that in 2018 to 2019, 9.7 million UK employees experienced...
Section 100(1)(a) Employment Rights Act 1996 says that an employee is unfairly dismissed if they were dismissed for carrying out activities assigned by the employer which are designed to reduce or prevent health and safety risks. A dismissal under this section will be...
In order to qualify as a disability under the Equality Act 2010, an impairment must have a substantial and long-term adverse effect on an employee’s ability to do day to day activities. The long-term requirement is met if the impairment has lasted, or is likely to...
Many employers have changed terms and conditions during the pandemic, whether to access the furlough scheme or to enable the survival of the business through economically unprecedented times. Some employees have been willing to agree to those changes, keen to avoid a...
‘May the force be with you’ is usually the concern of Jedi knights heading to battle in Star Wars, rather than something that company directors look for. But for those companies looking to claim that the coronavirus pandemic has given rise to circumstances beyond...
Companies anticipating a return to the workplace in June, if the Government’s route map stays on track, should be planning how to protect workers and customers once the country is released from the current Covid-related restrictions. Although the Government may...
After months of discussion and speculation, the government has now confirmed the date that the “no fault” divorce law will commence. Expected in the autumn some are disappointed that the date has been set for 6th April 2022. However this does give...
There have been a number of changes in regard to marriage law since 2004, with the most recent being the introduction of opposite-sex civil partnerships in 2019. These changes have been important in providing clarity over legal rights and financial security when one...
The easing of lockdown may have been the catalyst for the announcement by billionaire Bill Gates and his wife that they were heading for divorce and separate lives, with data from Google showing a surge in searches for divorce guidance as restrictions were relaxed....
Wollens is pleased to launch a new range of will services for existing and new clients. At Wollens we understand the importance of your will but astonishingly statistics show that more than half of all UK adults (58%) still do not have a will*. Sadly, many people die...
Wollens partner Rachel Carter who specialises in assisting parents accused of harming their children, acted for the family in a case reported in yesterday’s Sunday Times (May 16th 2021). Rachel said the case was far from isolated. In the past year she has concluded 22...
If your business is expanding, you may have outgrown your current premises. Before you start looking for a new site, it is worth investigating whether you could extend your existing property. Depending on the site and the nature of your building, you may be able to...
If you have been involved in a road traffic accident, we understand how much of an effect it may have had on your life and the lives of your loved ones. Many people know that they can claim compensation if an accident is caused by someone else, but what if the...
Directors are governed by the Companies Act 2006, which requires them to act in good faith in the best interests of the company, taking into account the interests of employees. Directors must also exercise reasonable care, skill and diligence in their duties. A...
The silver linings to the Covid-19 cloud often involve a new sourdough habit or less time commuting. The Office for National Statistics has done a study of working patterns during the pandemic which may show some more unexpected silver linings. Unsurprisingly, the...
The definition of disability is contained in s6 Equality Act 2010. A person is disabled if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day to day activities. Substantial means more...
Reinstatement and reengagement are potential remedies in an unfair dismissal claim. Reinstatement means the employee is put back into the job from which they were dismissed. Re-engagement means that an employee is taken back on by the business in comparable employment...
Direct discrimination happens if an employer treats an employee less favourably than it treats others because of sex. A female employee would need to show that she has been treated less favourably than a real or hypothetical comparator of the opposite sex whose...
If an employee wins a discrimination claim, an employment tribunal will award compensation for injury to feelings, designed to compensate the employee for the hurt and embarrassment caused by the discrimination. This is on top of any financial losses that flow from...
The Supreme Court handed down a final judgment in the Asda equal pay saga. In Asda v Brierley, a predominantly female group of Asda store workers are saying they should be paid the same as a group of predominantly male distribution depot workers who are paid more than...
The Uber v Aslam domino rally has begun. In Addison Lee v Lange, the Court of Appeal has refused the employer permission to appeal the EAT’s decision that Addison Lee drivers are workers. Addison Lee provided private hire and courier services. Drivers were formally...
Sections 100(1)(d) and (e) of the Employment Rights Act 1996 provide employees with protection from dismissal if they exercise their rights to leave the workplace or take other steps to protect themselves if they reasonably believe there is serious and imminent...
Employers must not discriminate against workers on the grounds of their religion or religious beliefs. In Page v NHS Trust Development Authority, the Court of Appeal has looked at whether an employee can be fairly dismissed for the way he expressed his beliefs, rather...
The Domestic Abuse Bill is one of 16 Bills which have received Royal Assent – the ‘landmark’ Domestic Abuse Act is designed to strengthen protection for those who experience domestic abuse and to increase measures available to tackle perpetrators. Rebecca Procter,...
As the shutters lift on life, with shops and bars opening and holiday planning underway, property owners may be thinking of cashing in on the demand for UK trips by offering their home for short-term lets, but they may run into trouble if they don’t check the small...
Our commercial solicitor Jon Dunkley details how you can effectively use subcontractors without increasing your risks. Whether you are planning on using subcontractors for a one-off project or on a long-term basis, there are several steps you can take to safeguard...
Our wills and probate solicitor Charlotte McGregor explains how you can protect yourself and your partner in later life if you are cohabitees. The coronavirus pandemic has seen many marriage or civil partnership ceremonies postponed, and a survey by the wedding...
With the UK economy currently in the deepest recession since records began, disputes between landlords and tenants are beginning to rise as pressure mounts on commercial occupiers to find ways to diversify and slash overheads in order to survive post-Covid. As Hannah...
The National Living Wage (previously known as the national minimum wage) increased from 1 April to £8.91, the equivalent of more than £345 a year for a full-time employee. For the first time, adults aged 23 and over will qualify for this top pay rate, rather than 25s...
The minister for Women and Equalities, Liz Truss, has asked employers to make flexible working a standard option for employees. She believes this step would boost both productivity and morale and improve employment prospects for women – who are twice as likely...
Remote working has hidden employees from sight, causing some employers to worry about what their staff are doing during working hours. The Guardian has reported that one of the world’s biggest call centre companies is planning to install surveillance systems to...
In 2017, in the case of King v Sash Windows, the CJEU established that a worker can carry over unlimited annual leave which they have been prevented from taking because the employer refuses to pay for it. The CJEU said domestic time limits for bringing such a claim –...
It is commonplace to negotiate severance terms before an employee leaves employment due to redundancy. Discussions usually agree the sums to be paid and formal settlement agreements are signed to create a clean break between the parties. The EAT has recently looked at...
The Supreme Court has given the final word on whether workers should get paid the national minimum wage for sleeping. The case law in this area has been conflicting, with different courts giving different judgments based on similar facts. Regulation 32(1) of the...
The current level of restriction means that any client meetings in our offices must be pre-booked with the lawyer dealing with your matter. In addition to meetings at offices (where possible), our lawyers can offer a variety of methods of communication including home...
If you intend to leave savings, property or other assets to family or friends after you die, you need to consider inheritance tax (IHT). It could cost your heirs up to 40% of their inheritance. By planning ahead, you can minimise IHT and ensure as much of your estate...
It is the thing that all company directors dread – the prospect of a claim of an alleged breach of duty – for this can give rise to personal liability or can result in the imposition of criminal sanctions or a director’s disqualification order. So, what should you do...
If you are reviewing your commercial property portfolio, you may decide that the time is right to sell some of your property. It goes without saying that you will want to get the best possible value from the sale. Prices are strongly affected by the local property...
One of the many consequences of the lockdown over the last 12 months has been that couples planning to marry in 2020 or 2021 have had to delay their weddings. This however has provided them with an opportunity to further reflect on how they may wish to manage their...
Family Law Consultant Sabina Smith Congratulations to Sabina Smith, solicitor and Family Law Consultant in our Exeter office, who has successfully passed https://resolution.org.uk/ accreditation for Pensions on Divorce. Sabina is one of only 23 solicitors nationally...
Our commercial solicitors explain the key legal issues you need to deal with to scale up your business. Starting any new business comes with a steep learning curve, especially as a founder when you often find yourself wearing all the management hats. This is why it is...
Many employers have been wondering whether Brexit would mean a change to some EU-derived employment laws. Brexit rather slunk into effect back in January, the headlines overtaken by Covid-19 and the third national lockdown in the UK. To salve some of the negative...
Section 1 of the Employment Rights Act 1996 requires employers to give employees a statement of their employment terms no later than the beginning of employment. The law changed recently – previously employers had a period of 2 months after employment commenced...
The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) provide that employees who are employed in the relevant part of the business, immediately before a transfer, will automatically transfer to the transferee. This is called the automatic transfer...
Throughout the Covid-19 pandemic, employers have had to grapple with the health and safety risks to employees and customers. Jobs where employees have contact with the public are particularly exposing in terms of the virus. Many employers have brought in rules about...
Conduct is one of the potentially fair reasons for dismissing an employee. It is the employer’s job to show that conduct was the reason for the dismissal in question. An employment tribunal will then decide whether the dismissal was fair. In making that decision, the...
Harassment occurs if an employee (X) engages in unwanted conduct relating to a protected characteristic (such as sex or race) which has the purpose or effect of: Violating another employee’s (Y) dignity or Creating an intimidating, hostile, degrading, humiliating or...
Offices seem to be worse hit by Covid-19 outbreaks than other types of workplace. Data shows that in the second half of 2020 there were more than 500 outbreaks or suspected outbreaks in offices, more than in supermarkets, construction sites, warehouses, restaurants...
The Supreme Court has confirmed that Uber drivers are workers rather than self-employed contractors. As such, drivers are entitled to basic employment rights such as the national minimum wage, paid holiday and rest breaks The long running Uber v Aslam saga has finally...
Laser eye surgery/lens replacement surgery Q&A We are seeing a worrying increase in the number of enquiries relating to poor outcomes from either laser eye surgery (also known as LASIK or LASEK) and lens replacement surgery (also known as RLE or refractive lens...
Coronavirus lockdown keeps chancellor’s attention on the short term, with the promise of jabs securing jobs for an upturn next year. The impact of the coronavirus pandemic on the UK’s economic agenda dominated the Chancellor’s 2021 Budget Statement, with support for...
If you are in the process of buying a property, you may have considered whether you will be able to take advantage of the stamp duty holiday, allowing you to save up to £15,000 on your property purchase. In this article, we look at the extension of the stamp duty...
Update your commercial contracts for the post-Brexit regime. Commercial Law expert Jon Dunkley explains how an assessment of your contracts can help you implement any changes arising from Brexit. While certain changes are already in place as a result of Brexit, we...
If the pandemic has left you with empty commercial property, now could be a good time to look for alternative uses. To help businesses make the best use of commercial property, the Government has made the planning rules more flexible so that it is now possible to...
In a world where so much information is available freely online, do you still need the advice of a lawyer? A simple Google search of your legal problems can provide thousands of relevant articles, and perhaps a friend has shared information on social media that seems...
Separation is never easy, but if you and your former partner own property together, the situation can be even more complicated. If you have been living with a partner, but you are not married, the legal term is ‘cohabitation’. When cohabitees separate, they are not...
A complex court case over conflicting dispute resolution provisions has highlighted a simple, but vital, takeaway on the importance of corporate reporting requirements for all UK registered companies, as the pandemic sees offices unattended or subject to permanent...
While many workplaces continue to be affected by the coronavirus pandemic, employment law and the Acas Code of Practice concerning disciplinary and grievance procedures still apply. If you are dealing with disciplinary or grievance procedures, there are some...
If an employment tribunal finds that an employee has been unfairly dismissed, they will then need to decide whether, and how much, compensation should be paid. The tribunal can order the amount it thinks is ‘just and equitable’ bearing in mind the employee’s losses....
Section 18 of the Equality Act 2010 deals with pregnancy and maternity discrimination. An employer discriminates against an employee if they treat her less favourably while she is pregnant or on maternity leave, either because of the pregnancy (or any related illness)...
The government has updated its advice in relation to the Coronavirus Job Retention Scheme to confirm that employees can be furloughed if they are unable to work some or all of their hours due to caring responsibilities resulting from Covid-19. The guidance says that...
An employee is victimised when an employer treats them badly for raising allegations of discrimination. The discrimination complaints are called ‘protected acts’, because the employee is protected if they raise them. In Chalmers v Airpoint, the EAT has looked at...
With the coronavirus vaccination programme well underway in the UK, many employers are considering what vaccination might mean for their business. Some companies are announcing that they will dismiss or refuse to recruit employees who aren’t vaccinated. With 23 per...
Debt recovery is a sensitive subject at the moment given the ongoing difficulties being caused by the coronavirus. The Government is urging creditors to show restraint in order to avoid a tsunami of otherwise viable businesses being sent to the wall. However, with no...
As the UK’s coronavirus lockdown measures turn from weeks to months, concern over its effects on vulnerable and elderly people is mounting. The National Domestic Abuse Helpline has seen a 25 per cent increase in requests for help, but many people do not associate...
Is your business ripe for more growth? Do you have the team that can take your business to the next level? Or do you want to take a step back and reap some of the rewards of your efforts? If continuity is important to you, then a management buy-out (MBO) or a...
Clinical negligence expert Catherine Pinnegar looks at the frequently asked questions. In summary Clinical Negligence is treatment or care from a health care professional such as a doctor, nurse, consultant or dentist is so poor that it falls below the standard of...
Trainee Family Law solicitor John Mousicos takes a look at the the latest independent review of the children’s social care system. It is a common claim that politicians running for office do not do what they say they will do, once they are elected. The truth is...
For many years now we have been battling with the growing risk of fraud, especially in the context of property transactions. There have been horror stories of people imitating genuine owners and completing the sale of a property before disappearing with the sale...
British pharmacies launched a codeword during January 2021 to tackle a feared spike in domestic violence during lockdown, telling victims to “Ask for ANI” at the counter to secretly summon help. The scheme is backed by the Government and Safeguarding Minister Victoria...
When parents do not agree on child arrangements after separation, many of them will turn to the courts to decide with whom their child or children will live and how frequently and for how long they will spend time with the other parent. Child Arrangement Orders are...
The continuing effects of coronavirus remain uncertain. Understandably, many people are concerned about its potential impact upon them and their loved ones. Jessica Wycliffe-Jones, wills specialist and private client solicitor here at Wollens has put together some...
A constructive dismissal involves the employee resigning in response to fundamental breach of contract on the part of the employer. Normally the employee will need to make it clear both that they are resigning and that the reason for their resignation is the...
The government has accepted the recommendations of the Low Pay Commission and announced the National Minimum Wage and National Living Wage rates which will come into force from April 2021. Recognising the formidable task of recommending minimum wage rates in the...
An employer making an employee redundant will not normally be acting reasonably unless it considers whether there is any alternative work that may be offered. In Aramark (UK) Ltd v Fernandes however, the employee argued that the employer should also have considered...
An employee who is dismissed for making a public interest disclosure – whistleblowing – can claim unfair dismissal even without the two years’ continuous service that is normally required. What is more, there is no cap placed on the amount of compensation that can be...
A redundancy is a dismissal as a result of a workplace closing down or the employer needing fewer employees to do work of a particular kind. In Berkeley Catering Ltd v Jackson the question was whether the reason that an employer needed fewer employees made a...
Employers and employees must follow the ACAS Code of Practice in relation to disciplinaries and dismissals. If either party fails to follow the Code, the tribunal can increase or decrease tribunal compensation by up to 25%. In Wardle v Credit Agricole Corporate and...
15/01/2021 – The Supreme Court has just handed down its judgement, following appeals brought by insurers and the Financial Conduct Authority (FCA) (brought on behalf of policy holders) of the High Court’s judgment of 15/09/2020. The judgment represents the...
Due to continued development and growth we have two fantastic opportunities for enthusiastic individuals to join our Private Client team in the firm’s brand-new South Devon Office based in the heart of Torquay. One role is to focus on general private client work,...
Deborah Baker, Partner and Private Client Practitioner at Wollens. Now that the COVID-19 vaccine is being rolled out across the country, criminals are using this as a way to exploit elderly and vulnerable people. We’ve had a number of reports come in highlighting a...
‘If your business is struggling and you lease your premises, it might be tempting to simply hand back the keys and walk away from your lease,’ says Ashley Bevans commercial property solicitor with Wollens. ‘However, ending your obligations under a lease is not that...
All employers will be making plans to deal with the escalating and ongoing threat caused by the Coronavirus (Covid-19). As a result, Wollens are again making available a free homeworking policy template to protect the huge numbers of businesses and their employees who...
The coronavirus outbreak has had an unprecedented impact on businesses and individuals. If you are self-employed, you may be concerned about paying your Self Assessment tax bill due on 31 January 2021. In this post, we look at some of your options and government...
If you have been involved in a road traffic accident, we understand how much of an impact this may have had on your life. The winter months with ice, snow and heavy rain can make driving a hazardous activity, leading to road traffic accidents and personal injury...
With the pandemic putting relationships under pressure and divorce rates recording their biggest percentage rise since 1972, family professionals and support groups are encouraging couples to focus on the wellbeing of the family over the festive season. Traditionally,...
It can be disappointing to discover that a Christmas gift is faulty, but fortunately, you do have certain rights when it comes to returning gifts that do not function as they should. You may also be able to return gifts that you simply did not want or do not need....
On 25 June 2020, the Corporate Insolvency and Governance Bill received royal assent and became law on 26 June 2020 (the “Act”). The legislation has been fast-tracked through Parliament and contains several temporary measures intended to relieve the burden on...
The Government has announced today that the furlough scheme will be extended by a further month to the end of April. Importantly for businesses, the Government will continue to pay 80% of wages (it was widely anticipated before the announcement that the employer’s...
Some personal thoughts of Chris Hart, the Chief Executive of Wollens Today sees a very significant day in the history of Wollens, with the opening of the new South Devon hub office in Torquay. The day is hugely exciting in that we are launching an office with...
Partner Chris Linton has been named as one of four global finalists in the Trusted Advisor of the Year category at the STEP Private Client Awards for 2020. STEP is the Society of Trust and Estate Practitioners – the “Gold Standard” qualification for advisors in this...
We would like to wish all of our clients a very merry Christmas and send our very best wishes for a happy and healthy 2021. Over the festive period our lawyers and support staff are operating around the bank holidays either from their respective office or from home....
In doing so Liz’s membership demonstrates her commitment to high professional standards and continued professional development. Liz specialises in advising clients in relation to wills, trusts, Powers of Attorney, inheritance tax planning and estate administration....
Now that the 2nd national lockdown has been concluded and we enter Tier 2 restrictions our offices are open. The current level of restriction means that any client meetings in our offices must be pre-booked with the lawyer dealing with your matter. In addition to...
By Jon Dunkley, Partner, data protection and employment specialist with Wollens Solicitors. The ‘Big Brother’ surveillance scenario envisaged by George Orwell has long since become reality. The ability to watch citizens outlined in the futuristic novel Nineteen...
Deborah Baker, Partner in the Family Department at Wollens gives some top tips on how to protect yourself financially if you are moving in with your partner or buying a house together for the first time. There is no such thing as a common law husband and wife so...
While the Government consults on its ideas for speeding up and simplifying the planning system, now could be a good time to sort out any problems with land in your commercial property portfolio, so that you are ready to go if a great opportunity comes along. If you...
Family law professionals from Wollens are showing their support for Good Divorce Week 2020 by offering free advice sessions to families later this month. Good Divorce Week is an annual campaign that aims to promote practical and constructive ways for separating...
Since March 2020, businesses have had to change the way that they work and, while technology has facilitated many of these changes, it is important not to lose sight of obligations in regard to data protection policies and procedures. It has been over two years now...
A poll by Working Families has collected data which shows that two thirds of employers have noticed an increase in flexible working requests by their male employees. The poll included a small sample of 26 UK employers who were asked how they managed the numerous...
An individual is protected from discrimination based on their religion or belief. A philosophical belief can be protected if: it is genuinely held; it is a belief not just an opinion; it involves a weighty aspect of human life and behaviour; it attains a certain level...
Employers must make sure that the workplace is safe for employees. Businesses can be held responsible for the acts or omissions of their employees which take place ‘during the course of employment’. In Chell v Tarmac Cement and Lime, the High Court has looked at...
Anyone can make a subject access request (SAR) from an organisation to ask whether and how the business is processing their personal information. In the employment sphere, SARs can also be used as a missile by an otherwise dissatisfied employee, often in preparation...
The Government has announced that employers cannot claim statutory notice periods under the Coronavirus Job Retention Scheme for claim periods starting on or after 1st December 2020. That means, contrary to the aims of the scheme, that employees who intended to make...
Wollens Partner and Private Practice Practitioner Charlotte McGregor looks at the current process and immeasurable, helpful changes to legislation. As restrictions continue we (lawyers) are yet again required to think creatively about how to provide the best possible...
On 31 October 2020 the Prime Minister announced that the country would be moving from the newly introduced tier system to a full lockdown from Thursday 5 November until 2 December. This was due to a rapid increase in COVID-19 cases and the highest number of deaths...
It is often extremely difficult for separating parents particularly at the start when each are attempting to carve out a new life for themselves. Often the issues that resulted in the breakup linger which all to readily provide the backdrop to their attempts to...
Wollens legal services available throughout Lockdown 2. As a consequence of Government announcement regarding a second lockdown our receptions will remain closed until lockdown is over. However, the majority of our staff are continuing to work from home and...
As you cannot have missed, the Government is placing us on a second national lockdown on Thursday (5th November). That has triggered panic across the economy as businesses prepare for this new challenge at very short notice. However, on a practical level, what do you...
The Covid 19 pandemic had a significant negative impact on first time buyers. The market saw 90 to 95% mortgages close to being wiped out during lockdown and the months following, leaving first time buyers with smaller amounts of capital available to put towards a...
The Job Support Scheme (JSS) will replace the furlough scheme and will come into play on 1 November 2020. In this article, we look at FAQs covering how the scheme works, who is eligible and specific difficulties employers and employees might have concerns about. Which...
Partner and private client practitioner Christopher Linton from Wollens has been recognised at the Law Society’s Excellence Awards – the highest accolade for law firms in England and Wales. The event – held virtually for the first time due to the Covid-19...
There are concerns that the latest spike in coronavirus transmissions may see more relationships taking a turn for the worse, after a surge in divorce enquiries following the nationwide lockdown.Back to school traditionally sees a peak in petitions for divorce, but...
With the dark nights coming in and summer drawing to a close, you may be considering having a bonfire. Either to dispose of waste that has accrued over the summer, to celebrate bonfire night, or simply to keep you warm in the garden as the evenings get chillier, a...
The ACQ5 Awards, launched in 2005, were the first of their kind in the global legal / financial publishing industry. Wollens are delighted that Childcare expert Rachel Carter has been awarded the title of Childcare Lawyer of the Year 2020. “Experts whose intimate...
If you have suffered an injury because of clinical negligence, you may be wondering whether you are eligible to make a claim for compensation. Personal injury claims for clinical negligence can be complicated, involving complex evidence and strict time scales....
Building on specialist skills in Commercial, Litigation and Family Law, we are delighted to welcome new lawyers to our Wollens South Devon offices – before, during and after lockdown. Dominic Hollingsworth, Head of Corporate Services Joining just before Lockdown as...
Sabina Smith, Family Law Consultant, Wollens. Sabina Smith joined Wollens in September 2020 and is based in our city centre office in Exeter, Sabina has a wealth of family law expertise. Having qualified as a solicitor in 1995 Sabina has spent her career working in...
The Wollens popular Business & Employment club is set to move to a webinar event in light of current restrictions. The webinar is free to attend and will be taking place on Tuesday 13th October at 9am. Sign up here. The event is designed for busy SME business...
CHRIS LINTON Partner christopher.linton@wollens.co.uk 01803 213251 RACHEL CARTER Partner rachel.carter@wollens.co.uk 01626 332266 Christopher Linton and Rachel Carter recognised Partner Chris Linton has been shortlisted as a finalist in the Law Society’s annual...
It has been a long and difficult year for most of us, with many considering finally taking a family holiday. With children having returned to school and travel plans frequently changing as a result of the COVID-19 outbreak, taking children on holiday during term-time...
The rules relating to the National Minimum Wage are complex. One reason for this is the need to ensure that employers do not seek to avoid their obligations by nominally paying workers the correct rate but then making artificial deductions that effectively reduce the...
Before dismissing an employee for redundancy a fair employer will take reasonable steps to look for an alternative – including offering the employee a chance to be considered for suitable vacancies elsewhere in the organisation. In Aramark (UK) Ltd v Fernandes the...
In Hall v London Lions Basketball, Mr Hall was a professional basketball player who resigned when his employer failed to pay him the wages that it owed him. He claimed a constructive wrongful dismissal and that claim was upheld. He had been employed for a fixed term...
In Phoenix Academy Trust v Kilroy, Mr Kilroy was the acting principal of a school that was taken over by a new academy trust. He was accused of gross misconduct and believed that the charges against him had been manufactured in an attempt to force him out. A...
Sometimes working relationships just break down and can’t be repaired. The employer may feel that it is left with no alternative but to dismiss an employee who simply cannot work effectively with a manager or key colleagues. A dismissal on these grounds can fall...
September and October this year see the scaling back of the Coronavirus Job Retention Scheme under which millions of employees have been placed on furlough while the Government issued grants to employers to cover the cost of their wages. The scheme ends altogether on...
Simon Bean, Partner and Head of Dispute Resolution at Wollens. Earlier today (15th September 2020), the judgement of the High Court was handed down in the test case brought by the FCA. The purpose of the case was to clarify whether the business interruption insurance...
Experts are warning against self-directed videos following the announcement by the Government that legislation is to be introduced in September to allow wills to be signed remotely using a live video link. While the coronavirus pandemic continues to pose a challenge...
Work is well underway in Torwood Street, with the office development fit out in full swing. Meeting room structures, cabling and even the kitchen is starting to take shape. The move date is set for early November and working with the various project teams on site,...
WOLLENS CASE STUDY A Devon woman was treated for Alzheimer’s and Parkinsons and even ended up in a care home – but she wasn’t suffering from the illnesses. Now Devon law firm Wollens has won significant compensation for her after the wrong hospital diagnosis which...
When Western Storm took to the filed for the opening fixture in the Rachael Heyhoe-Flint Trophy recently there was a familiar name on the front of the player’s shirts. Wollens are pleased to be able to announce that they will be continuing the successful partnership...
Our services have not stopped during Lockdown with our Lawyers and support teams working efficiently from home. We are however pleased to be opening offices again & bringing teams back together.Please make an appointment with your usual contact if you need to come...
On 25 June 2020, the Corporate Insolvency and Governance Bill received royal assent and became law on 26 June 2020 (the “Act”). The legislation has been fast tracked through Parliament and contains several temporary measures aimed at relieving the burden on businesses...
Most lease renewals are governed by the Landlord and Tenant Act 1954, and the rules can be complicated and confusing. However, if your commercial lease is up for renewal, you want to ensure you get the most favourable terms for your business. In this post, we look at...
The Government has issued guidance requesting parties to contracts act reasonably and fairly, in a spirit of working together in these unusual times, for the national interest and to protect jobs and the economy. Many parties to contracts will have been impacted by...
Starting with the basics, a shareholders’ agreement is a private contract between the shareholders of a company which sets out their rights and responsibilities as between them. It is not a compulsory document nor is it public. There is no set precedent and it can,...
The Covid-19 pandemic continues to evolve, and cyber criminals are mercilessly exploiting the crisis for their own objectives. While there may not have been a significant increase in the actual levels of cybercrime, there has certainly been a change in direction. So...
The introduction of social distancing in response to the coronavirus outbreak has caused disruption to many vital services – including in the justice system. Many services that would typically have taken place face-to-face have been adapted to meet the challenges of...
The Torwood Street development, Torquay. Adaptability, that’s the key message for any business at the moment in these difficult COVID times. For Wollens it’s always been the mantra by which it has been managed and we’re delighted to announce the next phase of the...
Adjusting to the challenges caused by coronavirus has been difficult for all of us. However, for those dealing with the death of a loved one, the onerous obligations placed on executors may seem overwhelming. In recent years there has been an increase in the number of...
With 2020 being such an unprecedented year with the global pandemic, the results on the economy and life in general cannot be overstated. That is why some creative thinking has been needed to get life going again and to stimulate the already bustling property sector....
South Devon’s tourism and hospitality sector has re-opened after more than three months of Lockdown which has cost businesses and the local economy millions of pounds. The government is recognising the damage being done to communities like the English Riviera...
One of the least often claimed grounds of discrimination is marriage and civil partnership. Prejudice against married people is hardly widespread and there are few circumstances in which an employer might treat an employee less favourably because they were married....
The Transfer of Undertakings Regulations (known as TUPE) provide that an employee’s terms and conditions cannot be changed because of the transfer of their employment from one employer to another. It has been argued in the past that this provision only applies to...
An employer must be careful to avoid employing someone who does not have the right to work in the UK. Doing so knowingly is a criminal offence and inadvertently employing someone who is working illegally can lead to a civil penalty of up to £20,000 for an employer who...
In considering a wrongful dismissal claim, the Tribunal needs to decide whether or not the employee is guilty of gross misconduct. When it comes to unfair dismissal that is precisely what the Tribunal should not do – at least until it comes to assess compensation. It...
An employee dismissed without notice will often claim both unfair and wrongful dismissal. These are two distinct claims. Unfair dismissal is concerned with the reasonableness of the employer’s decision to dismiss the employee. Wrongful dismissal is a contractual claim...
It is now common practice for employers to select employees for redundancy based on their performance at an interview. Often this process appears to be similar to a recruitment exercise, with the employer selecting those who will be offered a place in the new...
From this month the new Flexible Furlough Scheme is in operation. Under the old scheme an employee had to be furloughed for at least 21 days and could perform no work in that time. The new scheme allows for a furlough of any period and for employees to work part-time....
Companies looking to protect their business by relying on non-compete clauses for key employees should check that any post-termination restrictions are reasonable. When an employee leaves and there is a threat of commercially sensitive information about operations and...
What is a Lasting Power of Attorney? A Lasting Power of Attorney (LPA) is a legal document which allows you to appoint up to four people of your choice to make decisions on your behalf, should you ever become unable to do so yourself or would simply like to have help...
The directors of a property management company ran into a brick wall when they tried to boost their benefits package before transferring to a new employer under the TUPE employment protection regulations. TUPE – which stands for the Transfer of Undertakings...
Many businesses carry insurance which covers them for losses which arise when they cannot carry out business as usual due to an event such as a natural disaster or disease outbreak. However, the response of insurers in many cases has been to decline insurance claims...
In order to raise awareness of the importance of making a Will, Wollens are offering up to 50% off their standard fee* when clients opt to use the online questionnaire. Click here to find out more or email us info@wollens.co.uk . The outbreak of coronavirus has...
Everybody in the country is feeling uncertain during these unprecedented times, who would have thought that we would have to go into total lockdown during our lifetime. There has been concern that the property market will suffer the most, but at Wollens we have not...
Deborah Baker, Family law partner with Wollens Solicitors prepares a few short articles to look at how we deal with family issues during lockdown. In part 3 Deborah looks at children matters during lockdown. Where parents are living in different households, the...
Trusts are a vehicle for protecting money and assets for a prolonged period of time and in some cases can afford flexibility as to how assets are used to benefit the intended recipient; known as the Beneficiary. Myth buster – Trusts are not the preserve of the...
For companies bringing employees back to work during the Covid-19 pandemic careful consideration is required to ensure that guidelines are met. Under the Health and Safety at Work, etc. Act 1974 (HSWA), employers have the duty to safeguard, so far as is reasonably...
Many of us understand that the principal difference between freehold and leasehold property is that with a lease it is only granted for a certain number of years (often referred to as the ‘Term’). When buying a brand new property the length of the Term will seldom be...
Businesses whose trade has been decimated by the Coronavirus pandemic are facing an uphill struggle with big insurance companies over claims for their huge losses. Many, especially in the tourism and hospitality sector, thought their business interruption cover would...
On Sunday Boris Johnson announced a partial return to work for some workers and on Monday a little more detailed was provided but what does this mean in practice? Well it is quite clear that people who can work from home should still do so for the foreseeable future....
Deborah Baker, Family law partner with Wollens Solicitors prepares a few short articles to look at how we deal with family issues during lockdown. In part 2 Deborah looks at the separation process and progressing to maintenance payments. What to think about before...
Deborah Baker, Family law partner with Wollens Solicitors prepares a few short articles to look at how we deal with family issues during lockdown. The coronavirus crisis is redefining lifestyles and the boundaries of our interactions; a situation that can challenge...
The death of a shareholder is not something anyone wants to have to consider but extremely relevant in the current climate. It is also likely that whilst most companies will seek to take a pragmatic and realistic approach post COVID-19, it is an unfortunate...
The outbreak of coronavirus has prompted a surge in people wanting to create or to update their wills. This is understandable in the current climate. It is always important to ensure that you (a) have a valid will and (b) it does what you want it to do. It is...
NHS workers fighting Covid-19 on the front line, together with the elderly and vulnerable, lie behind a huge spike in demand for will writing over recent weeks, according to the professional body for solicitors. The Law Society says many firms have reported a 30%...
This Q&A covers the main issues that appear to be arising in both Commercial and Residential scenarios involving Landlords, Tenants and Lodgers during the COVID-19 pandemic restrictions. These are presently in force until at least 30 September 2020 but could be...
It now seems almost certain that the online portal for furlough grant applications will open on 20th April with the first payments being made on 30th April so make sure you (or your accountant) are ready with your figures. There had also been an indication from HMRC...
Most joint venture agreements will contain default provisions which are triggered upon breach of one of the parties to the agreement. However, whilst a party’s failure to pay following a demand is often the focus of default provisions, default may also be...
Many businesses are making use of government’s Coronavirus job retention scheme. However, it is a qualifying requirement of EMI that an employee satisfies the working time requirement, of working at least 25 hours per week in the company or, if less, 75% of the...
For most of us, the coronavirus has triggered the biggest challenge to businesses in living memory. These challenges are compounded by the speed in which the changes have been made, often in retrospect, and the fact that most of the proposals are in policy...
Wollens Partner and private client specialist Charlotte McGregor shares thoughts and recent actions undertaken in the preparation of client wills. When you can’t conduct face-to-face meeting, how do you satisfy yourself that somebody isn’t being influenced to give you...
We are all reeling from the shock of the Coronavirus pandemic but what has changed and what do we know now? Sick Pay The Government has changed the rules on statutory sick pay (“SSP”) during the Coronavirus outbreak to entitle those who are self isolating...
It is difficult to think of any area, or anyone, who has not been affected by the Covid-19 Pandemic. Aside from concern over illness and well-being of one’s self and others, thoughts are naturally being paid towards the economic and financial impact that the...
Moving in together: Cohabitation Agreements It is likely that you have spent the last week or so wondering if you are living out the plot of a James Cameron movie (think Aliens or Terminator). Of course, I am referring to Coronavirus. On Monday evening, 23rd March in...
Review the terms of the contract carefully – are there any rights to terminate early or cancel? Payment – protect yourself by securing payment as soon as possible – consider requesting deposits, payment on completion or seeking personal guarantees from a...
Basic contract law dictates that both parties to a contract must comply with the written obligations of that contract unless there is an express right not to do so. However, the unprecedented nature of Coronavirus gives rise to two possibilities for non-performance...
Yesterday evening the Prime Minister addressed the nation and enforced what has been dubbed a ‘lock down.’ But what does this mean in real terms? It means that we should only be leaving our homes for the following limited purposes: Shopping for necessities,...
Our office premises are closed to the general public currently due to the government guidelines released on the 23rd March. However our lawyers are working at home so will still be able to help you with your enquiry. Our telephone lines are open – please call...
All employers will be making plans to deal with the escalating threat caused by the Coronavirus (COVID-19). As a result, Wollens are making available a FREE homeworking policy template to protect the huge numbers of businesses and their employees who are, or will...
The situation around Coronavirus is fast moving but we would like to reassure you on behalf of the staff and partners at Wollens that work for our clients is continuing whilst we follow the latest advice from the UK Government. Our utmost concern is for the health and...
From an oil rig off the African coast to a restaurant in the middle of Exeter. Benjamin Doyle certainly believes in the saying – variety is the spice of life. The 30-year-old has just opened the Margoux restaurant and bar in Mary Arches Street. He was helped...
Posh nosh and posh cars were the order of the day during a special business seminar in Exeter. The event was organised and hosted by Wollens, chartered accountants Thomas Westcott and Mercedes-Benz South West at the car dealer’s showrooms at Marsh Barton. The evening...
SUNDAY 8th March 2020 is a very special day for women. It is a day of recognition. A day of celebrating success. A day of campaigning and the continuing battle for equality. International Women’s Day is a global day celebrating the social, economic, cultural and...
Coronavirus (COVID-19) is grabbing the headlines as it spreads over the globe and more cases are diagnosed in the UK. The impact of the virus on employees and business is worrying for employers. Some guidance has been published recently which employers might find...
To satisfy the definition of ‘disabled’ under the Equality Act 2010, an employee must show that they have a physical or mental impairment which has a substantial and long-term effect on their ability to do day to day things. To be long term, the impairment...
You may remember the Court of Appeal decision in Chief Constable of Leicestershire v Hextall last year. The Court of Appeal decided that it was not discriminatory to pay men on shared parental leave less than women on maternity leave. The special treatment women...
An employer must be able to justify any compulsory retirement age (CRA) by showing it is a proportionate way of achieving a legitimate business aim. An employment tribunal will look at why the CRA is necessary and appropriate, whether there is any alternative to the...
Workers are protected from being treated badly by their employer because they have made protected disclosures about malpractice. In Jesudason v Alder Hey Children’s NHS Foundation Trust, the Court of Appeal has looked at whether an employer’s attempts to...
The Supreme Court decided last year that knowledge of a manager other than the dismissing officer can be attributed to the employer when establishing the reason for the dismissal (Royal Mail v Jhuti – where the real reason for dismissal, whistleblowing, was hidden...
The Employment Appeal Tribunal has looked at whether it is fair to dismiss an employee who has been charged with a crime. In Lafferty v Nuffield Health, the employee was a porter at a charity. He had 20 years’ service and a clean disciplinary record. One of his...
Coronavirus (COVID-19) is grabbing the headlines as it spreads over the globe and more cases are diagnosed in the UK. The impact of the virus on employees and business is worrying for employers. Some guidance has been published recently which employers might find...
Expert advice in the ever-changing world of business is being offered by a specialist club organised by the team at Wollens solicitors. The Wollens Employment and Business Club has proved to be very popular with businesses of all sizes and is now back for 2020. It...
Family Law executive Victoria Harle is back where it all began. Victoria first joined the care team at Devon law firm Wollens in 2017 helping Childcare and Family team partner Rachel Carter. In 2019 she was promoted to Family Law Executive to focus on disputes...
A Devon teenager has been awarded ‘significant’ compensation after his dream to become an RAF pilot was shattered due to a hospital’s lack of proper treatment. The boy suffered a lifelong injury after the hospital failed to diagnose a fractured femoral head in his...
Section 47B of the Employment Rights Act 1996 says that an employer must not treat a worker badly (subject them to a detriment) if they have ‘blown the whistle’ on wrongdoing (made a ‘protected disclosure’). In Tiplady v City of Bradford...
The Equality Act 2010 sets out the law in relation to equal pay. Male and female workers should be paid the same for doing the same job (like work), work which is given the same rating under a job evaluation scheme (rated as equivalent) or work of equal value, unless...
You may remember that the Low Pay Commission reported to government back in Autumn 2019 and recommended increases to the national minimum wage and national living wage. The national living wage is the minimum pay required for workers who are aged 25 and older. It is a...
Employers must protect their workers from discrimination and harassment. An employer will be legally liable for harassment at work if they have not taken reasonable steps to prevent it. The Equality and Human Rights Commission has published some technical guidance on...
Many employers automatically suspend an employee accused of misconduct while they investigate the allegations. Many employees don’t object. The employee in Harrison v Barking, Havering and Redbridge NHS Trust did object and brought a claim in the High Court to stop...
An employment tribunal has recently looked at indirect discrimination and how it applies to dress codes. Indirect discrimination is where an employer applies a policy or practice to all employees, but which negatively affects a particular group who share a protected...
The government has announced that parents will be entitled to bereavement leave from 6 April 2020 (subject to parliamentary approval). Employees who lose a child under the age of 18, or who suffer a stillbirth from 24 weeks of pregnancy, will be entitled to two...
Everyone’s talking about veganism, and not just because of Veganuary. In January, an employment tribunal found that a vegan was protected from discrimination by the Equality Act 2010. The employee’s ethical veganism met the legal test for a...
What is a Prenuptial Agreement and what does it do? It is an arrangement between a couple before they marry. Its aim is to regulate what happens a marriage breaks down and ends in divorce. If you are getting married, and you or your future spouse’s family have a...
UNMARRIED couples faced with an end to their relationship have been given some sound advice – and warnings – from a solicitor at a leading Devon law firm. One of the most important messages from Terry Chetwood is that if they think they have the same right...
A night down at the local or on the town has changed in so many ways – especially with modern technology. The days of an “I’ll have a pint of your best” instruction to the landlord or landlady over the bar are becoming fewer and fewer, particularly with the presence...
Well what a year that was! From business mergers to a brand new name and modern look to gold-winning awards, marines-style charity challenges and, of course, Sidney the Kidney – 2019 will go down as one of busiest years in the illustrious history of Wollens. A lot of...
As we prepare to leave 2019 the £32million Torwood Street development in Torquay has reached a new milestone. A giant crane which has been dominating the harbour and waterfront area has been dismantled after almost 10 months on site. It was only in October last year...
Wollens have paid a special seasonal tribute to some of their longest-serving staff members. Champagne and flowers were presented during their Christmas party and celebrations at the Rougemont Hotel in Exeter. More than one in three people at Wollens, 58 in total,...
That’s the special advice from legal experts as Christmas cheers can lead to tears for some couples and their families. Divorce rates have fallen to their lowest level since the 1970s but breakdowns continue to spike after the festive season, and professionals are...
Christmas is the season to be jolly and spoil your business associates with a box of chocs and a bottle of wine. ……But you could be giving yourself a massive Christmas hangover if you’re not careful and it has nothing to do with the booze! It is all about...
The New Year could herald in a new start for opposite-sex couples who want to legally seal their relationship without having to get married. Until now Civil Partnerships were only a legal union available to same-sex couples. But from December 31 that will change with...
Christmas opening times Home » Category: "Uncategorized" We would like to wish all of our clients a very Merry Christmas and a prosperous New Year. Our best wishes for 2020. Our opening hours over the festive period are: Monday 23...
Thousands of pounds were raised for Kidney Research UK after a special fish and chips inspired quiz night.Rockfish’s newly-opened restaurant at Exeter was the venue for the event which was organised by Wollens solicitors with 16 teams competing.It was a special night...
In the 2nd of our series of Q&A’s, we caught up with Simon Bean, Partner and Head of Department for Dispute Resolution at Wollens. Simon is based at our office in Torquay. Simon qualified in 2003 and joined Wollens in 2018, Simon provides advice to business...
Wollens solicitors are celebrating after scooping a national, prestigious award. They stuck gold by winning the ‘Best Business Development and Marketing’ category at this year’s annual LawNet Awards. It was awarded after Wollens successfully delivered an extensive...
Years of hard work, studying and exams have paid dividends for the two Wollens solicitors. Faye said: “Having spent seven years working towards qualifying as a solicitor, it’s exciting that it’s finally here.” She spent three years at Cardiff University and as a...
It was exactly one year ago that Wollens’ chief executive Chris Hart was given the gift of life by wife Liz who donated a kidney to him in a transplant operation. The Harts were back at their desks within months, but ever since that life-saving day they and their...
It’s the night when the ghosties and ghoulies and long-legged beasties take to our streets – and it’s going to be either a Trick or Treat for most of us. Halloween Night is upon us, that annual phenomenon from the USA where being a little Devil is now part of our...
Devon law firm Wollens has added two new partners to its ranks. Daniel Gresswell specialises in the corporate and commercial side of the business with Ashley Bevans focussing on commercial property. Daniel was working with Toller Beattie when the Barnstaple-based...
Get Ready for Brexit. That’s the message to businesses as quitting the EU looms large. Firms of all sizes and in every sector could be facing significant change over the next weeks and months so being prepared is essential. Enter Brexit Ready Exeter, a collaboration...
Wollens have been shortlisted for a top industry award. They are one of three finalists in the Business Development/Marketing category of this year’s prestigious LawNet Awards. LawNet is one of the country’s leading law firm networks and has been supporting...
Picture above the best of friends – Harriet and Elsie, side by side The ‘Legends’ from yesteryear in Totnes took on the footballing stars of Plymouth Argyle in a special fund-raising match.The event was held to raise money and to say thank you to the Bristol...
A special business networking club is being started for Young Professionals. It is designed to be most suitable for people at the earlier stages of their career who might not usually get the opportunity to attend networking events. The club is the idea of Wollens...
An early valuation could be important if you are making a gift of land or property. The advice comes from Gillian Jones, a partner in the company and commercial department of Wollens solicitors. Gillian, who is based at Wollens’ Barnstaple office, says: “If you are...
Wollens have joined one of the country’s leading law firm networks. Membership to LawNet will provide a boost for the law firm, its staff and clients. LawNet has been supporting independent law firms for 30 years. With offices across Devon, Wollens employ almost 200...
They proved to be unbreakable! A five-strong team from Devon law firm Wollens were among 900 brave souls to survive one of toughest charity challenges of the year.They had to conquer mud, marsh, rivers, hills and obstacles as part of this weekend’s Mission:Unbreakable...
Women are leaving themselves financially vulnerable should their marriages fail.That is the verdict after a survey found women are vulnerable to financial troubles in the event of a divorce because they are failing to get to grips with the wealth of their...
The collapse of Thomas Cook has sent shock waves through the holiday industry.More than 21,000 people have lost their jobs and holidays for thousands of people have been wrecked after a last-ditch rescue bid failed and the holiday giants went under.Could some people...
Hi-tech is the name of the game as Devon law firm Wollens add another string to their extensive bow of services for their clients.They are working in partnership with leading legal-tech company Settify to offer a modern and forward-thinking ‘real time’ service in its...
The Rotary Club of Preston(Torbay) recently presented their annual Community Award to Jim Parker. Jim was born in Hele, Torquay, went to Torquay Boys Grammar School, and has worked in the newspaper industry in London and locally for many years. He started in the...
After the family home, pensions are for many people the most substantial financial investment they will ever make. According to official data, from the Office of National Statistics, men approaching retirement aged 55 to 64 have an average pension worth £125,000,...
The Wollens cricket team gave the champions of South Devon Cricket Club a run for their money in the annual sponsors match. South Devon were celebrating one of their best seasons after both their first and second teams won promotion in the Devon League. But Chris...
It’s back to school time for thousands of children across Devon. And with that comes the expense – and pitfalls – of school uniforms. The majority of schools have some form of dress code or uniform, and most are pretty strict about enforcing compliance from pupils,...
(Picture above provided by Western Storm)Salute the champions of Western Storm.They landed the KLS Super League title for the second time in two years by beating the Southern Vipers by six wickets in a high-scoring game at Hove yesterday.And it was skipper and Devon’s...
All roads lead to Sussex County Cricket Club’s Ist Central County Ground at the Hove, Brighton, on Sunday as the cricketers of Western Storm go for super league glory – and thousands more will be watching the action live on Sky TV.The Storm booked their place in...
(Left to right – Wollens chief executive Chris Hart, Western Storm general manager Lisa Pagett, Wollens partner Chris Linton, Western Storm captain Heather Knight, Wollens HR director Gary Brenton, Wollens practice director Clive Meredith and Somerset County Cricket...
Western Storm made it six wins out of six when they beat Lancashire Thunder after a down-to-the-wire run chase – led by superstar Smriti Mandhana. The world’s number one ranked one-day international batter smashed 72 from just 43 balls as Storm successfully...
It’s all systems go for Wollens with our latest investment and growth plans for operations in the north of the county. In October last year Wollens, formally Wollen Michelmore, merged with the well-established and well-known North Devon practice Toller Beattie who...
The Wollens Glitter Girls are sparkling stars.The girls completed the Rowcroft Sleep Walk recently.All the sponsorship monies have now been collected and it has been revealed they raised £904.The team from the Torquay and Newton Abbot offices of the law firm joined...
Wollens sponsored Western Storm are sitting pretty at the top of the Kia Super League as they prepare for their latest challenge tomorrow (Thursday). They made it four wins on the bounce with a 40-run victory against Loughborough Lightning at Bristol yesterday...
A woman from the West Midlands area who was wrongly given the all-clear in cancer tests has won compensation. The specialist clinical negligence team at Devon law firm Wollens took up her case after a hospital Trust in the West Midlands area failed to diagnose and...
How do you fancy passing through an underwater tunnel and having to rely on somebody pulling you through from the other end?Or literally running through fire? Or wading through chest-high water and ice to cool down?Sounds just like a Commandos-style assault course –...
One in three children leave primary school unable to read to the expected level – and one in eight disadvantaged youngsters don’t even have a book of their own.That is why charities like the Childrens’ Bookshow are so vital.It inspires children to love reading through...
The Western Storm line up with the Devon under-15s. Everyone was a winner – both on and off the field – as the Western Storm cricketers began their 2019 Kia Super League campaign. They opened their account with a convincing win against the Loughborough Lightning....
They came in all colours, shapes and flavours…Staff from Wollens’ county-wide offices have been doing their bit for charity.Raising cash for the Lullaby Trust which supports families who have lost babies through Sudden Infant Death Syndrome has been the aim.And baking...
The Wollens initiative is to take in an event in Exeter for the first time. Wollens solicitors Simon Bean and Jon Dunkley lead the sessions. Jon is a partner who heads the firm’s specialist Employment Department. He advises on all aspects of employment law and is a...
In the first of our series of Q&A’s, we caught up with Ellie Lorimer, one of our family law solicitors based at our office in Dartmouth. Ellie specialises in family law and joined Wollens in 2018 from a highly-regarded London practice. Ellie advises a broad...
A fund-raising night in Newton Abbot may have some surprise – and star – guests. Somerset and England cricket legend Marcus Trescothick will be the headline name for the event when he shares his memories of England’s historic Ashes win over Australia in 2005....
Law firm Wollens have teamed up with the Exeter City Community Trust to support a project where sporting memories are brought back to life. CITY Community Trust, Exeter’s leading health and wellbeing charity working in partnership with Exeter City Football Club, runs...
The Wollens Glitter Girls are already planning next year’s theme after completing an ‘amazing’ Rowcroft Sleep Walk at the weekend.A team from the Torquay and Newton Abbot offices of the law firm joined hundreds of other walkers for the massive Rowcroft Hospice...
The school holidays are coming – and they play an important role in a child’s educational and cultural development. They are also just fun!However, holidays can also be a cause of conflict in separated families where one party wants to take a child abroad or to...
Torbay and South Devon is committed to tackling domestic abuse.Organisations have come together to share and promote their services and commitment to combat the issue.The event, arranged by Safer Communities Torbay, was an opportunity for those who work in the area of...
Business continuity planning may range across various disaster scenarios – from cyber-attack to fire or flood – but you can overlook the obvious, which is how the business will cope if the owner isn’t available to manage financial matters and decision...
The Glitter Girls are about to take to the streets – and they need your help.The girls are all members of the Wollens team taking part in this year’s Rowcroft Hospice fund-raising Sleep Walk.Based in Torquay and Newton Abbot, the ladies taking part are Zoe Gask, Trish...
NOW is the season for school and summer fetes, barbeques and garden parties. But with all the fun in the South Devon sun (fingers crossed!) comes a word of warning from the experts at Wollens.. over licensing! For various event organisers there’s much more to think...
One in four women will suffer some form of domestic in their lifetime. Shockingly, two women are killed every week by their current or former partner. Whilst awareness of such issues is growing, many women and men experiencing abuse are not aware of the help available...
What better way to spend a wet Sunday? Wollens solicitors Katrina Vollentine and Rachel Carter braved the elements to join around 300 other runners to take part in this year’s Exeter Age UK Superhero Run on Sunday. The run started and finished at the Exeter Quay. The...
Alex Nagy hasn’t a clue what present he may be getting for Father’s Day and has no idea what he wants either. That’s because Alex was given the best gift ever earlier this year – baby daughter Rinoa. It will be the Wollens IT Network Manager’s first Father’s Day. “I...
Somerset and England cricket legend Marcus Trescothick will be the star of the show at a special fund-raising night in Newton Abbot. He will be sharing his memories of England’s historic Ashes win over Australia in 2005 when the Aussies were defeated 2-1 in a...
TORBAY businessman Paul Bettesworth is off on his travels again – but he won’t have much time for site-seeing.Paul has only recently recovered from tackling the Three Alpine Peaks in Three Days challenge when he climbed mountains in France, Switzerland and France.He...
Charity rally driving solicitor Jon Dunkley has been able to take in some famous locations – and events – during his grueling trek through Europe.Wollens solicitor Jon has been behind the wheel of his Audi TTs and traveling through eight European countries in...
A group of Torbay business people were left saddle sore and shattered – but also delighted to raise thousands of pounds for charity. The members of the Torbay Business Cycling Club have just about recovered after completing the grueling Round Devon 3x3x3 Challenge to...
Solicitor Jon Dunkley is well on his way to raising hundreds of pounds for charity.He sent these pictures back to show how he had ‘landed’ safely in France.His grueling rally expedition will have taken him through eight European countries in just eight days.The...
Wollens solicitor Judith Manser was ‘privileged’ to attend an event at the heart of a town’s long history.Judith, a partner in the law firm’s property department, was representing the Barnstaple Chamber of Commerce at the local town council’s annual mayor-making...
Intrepid trio Dave Kendall, Dave Brooking and Andrew Guthrie have been getting into the swing of things for charity.They made up the Wollens solicitors team which took part in the annual Newton Abbot Rotary Club charity golf day at Stover Golf Club.Dave, a partner in...
Selling a private company needs planning and team-work – otherwise there could be serious consequences. Mark Roome, a partner with Wollens solicitors and who specialises in this field, says: “As the head of Wollens’ company commercial department, I, and my team, deal...
Wollens chief executive Chris Hart has helped launch the North Devon Business, Leisure and Tourism Awards.The law firm are once again the headline sponsors of the awards which have been revamped this year.They were officially launched with a reception for sponsors and...
What a wonderful ‘shop window’ to show off your new name and identity.Wollens took to the Devon County Show ground to join the hundreds of stall-holders and exhibitors at this year’s event.Thousands of people enjoyed the mix of goods, services – and, of course,...
Wollens solicitors have celebrated the dawning of a new era in the firm’s long history by securing a partnership deal with the Exeter Chamber of Commerce. The new identity and image for the law firm – formerly Wollen Michelmore – has been launched after a big renaming...
Solicitor Jon Dunkley is off on his travels tomorrow – embarking on a gruelling expedition around Europe.He will start a charity rally which will take him through eight European countries in just eight days.It is all part of the Monte Carlo Fireball Rally with Jon...
The new Wollens name and brand has been given the thumbs up across the board. It also took centre stage at the Torbay Business Forum’s first Business Dinner at Torquay’s Grand Hotel last week. Wollens is the bright new look and feel for Wollen Michelmore after a big,...
TWO days almost done – one more to go.It is onwards and upwards for a team of Torbay business people and their ‘Everest-style’ charity challenge.Wollens partner Simon Bean and 15 other members of the Torbay Business Cycling Club are in the middle of a gruelling...
A TEAM of Torbay business people are about to embark on an ‘Everest-style’ charity challenge. Wollens partner Simon Bean and 15 other members of the Torbay Business Cycling Club start a gruelling three-day cycle ‘tour’ tomorrow. The Round Devon 3X3X3 Challenge is in...
Two recent tragic cases have highlighted the importance of taking the utmost care when considering a care home for a loved oneIt is a decision that takes a lot of thought to ensure that the individual is going to be cared for in a safe environment, that they are going...
Paignton guest house owners Colin Bell and Jackie Dungie picked up more than just a few facts and figures on how the industry was doing at a recent tourism conference. They also walked away with a brand new Amazon Alexa – the virtual assistant that allows you to play...
Jason Graebert has been given a taste of what it is like to work at a law firm – and it may just have some bearing on his decision over a full–time career. The 21-year-old is planning a future in the teaching or the legal world. But his work placement at...
Hundreds of lives will be saved after a change in organ donation laws. It is just the news for which South Devon couple Chris and Liz Hart had been hoping after they spearheaded a campaign locally. Torbay MP Kevin Foster has also welcomed the Royal Assent for the...
Wollen Michelmore has launched a new, exciting chapter in its history to take the law firm flying into the 21st century. It now has a new look, image and key message, but its ethos remains at the heart of all that it does – the client, the people and the community...
As Devon grows in population, so do the number of houses that are being built. There have been many big new build developments in Devon, including in Torbay, Exeter, Dartmouth and Barnstaple Buying a new-build home is a little different to buying an existing property...
Solicitor Jon Dunkley is embarking on a grueling expedition around Europe. He has entered the Monte Carlo Fireball Rally and will be raising money for Kidney Research. The rally will take him through eight European countries in just eight days – covering around 2,000...
The first visible signs of the £32million Torwood Street development are quickly taking shape.A giant crane has been towering over the harbour helping to oversee the pouring of masses of concrete to form the first level of the project which will totally transform an...
The Devon and Somerset Law Society’s 2019 awards were simply DASL-ing! And although they didn’t land the silverware this time around, staff from Wollens still celebrated their shortlisting in the Team of the Year category. The society and its event partner have been...
RAISING A GLASS TO ‘PERFECT FIT’ MERGER Business leaders and clients celebrated the merger of two law firms in Devon. Wollens and North Devon-based Toller Beattie joined forces at the end of last year, but a special reception was held at the Barnstaple Hotel in...
