Personal Law

A man has been removed as an executor of his mother’s Will after his brother complained that he was obstructing the administration of the estate. Megan Wilkinson, Associate Solicitor, reports on this recent case. The case involved three brothers; two of them were executors of her will. Following several years of disagreement, one of the brothers raised a petition seeking the removal of the other as an executor. The petitioner…

The announcement of the Government’s plan for reforming social care is a big political news story.  But the costs of paying for care – and getting the care you or your loved one needs – is a very human story which affects increasing numbers of us. Stephanie Johnson Senior Associate Solicitor and Head of our Health and Social Care Team provides an update … The plan reintroduces the 2011 proposal…

EMPLOYERS need to educate their staff on what constitutes sexual harassment and sex discrimination in the workplace as the Government announces that it will bring in new legislation to protect employees from being victims of such behaviour at work. This is the opinion of leading employment lawyer Joanne Stronach, Head of Employment Law and HR at Cartmell Shepherd Solicitors, who said sexual harassment and sex discrimination was still a problem…

A disabled employee has lost a discrimination claim after a judge concluded that her employer had made all reasonable adjustments to avoid any disadvantage to her. Joanne Stronach Head of Employment and HR reports on this recent case. The employee, Ms Martin, started working for the employer in 2014. She had several stress-related absences. In March 2017, an occupational health report advised that she had a chronic medical condition exacerbated…

The High Court has reconciled contradictory instructions relating to a deceased woman’s estate so that all three of her children can receive an equal inheritance. Rebecca Armstrong Associate Solicitor reports on this case. The court made the ruling after the trustees of a settlement applied for an interpretation of the woman’s will. Under the deed of settlement, the woman had a special power of appointment in respect of property in…

The Employment Appeal Tribunal has upheld a decision that a nursing officer was dismissed solely because she had made protected disclosures. Joanne Stronach Head of Employment & HR reports on this recent case. The officer, Ms Fairhall, had worked in district nursing for University Hospital North Tees and Hartlepool NHS Foundation Trust for 38 years and managed 50 nursing staff. In 2015 she was commended for her care and leadership qualities.…

A woman who stumbled across a workplace WhatsApp group featuring racially abusive remarks about her has been awarded nearly £25,000 for unlawful harassment on the grounds of sex, race and religious belief.  Joanne Stronach Head of Employment & HR reports on this recent case. The case involved Mrs Muna Abdi who worked as an operations clerk for Deltec in Hounslow. She was originally from Somalia and moved to the UK as…

IMPLEMENTING a ‘no jab, no job’ policy brings serious pitfalls for business across England, a leading employment lawyer has warned. While it will be the law in England from November 11 for all staff and volunteers in registered care home settings to show proof they have received both Covid-19 vaccinations to enable them to continue working there, unless clinically exempt, companies across other sectors need to be aware that introducing…

The Government has announced it will introduce a duty on employers to prevent sexual harassment and consider extending the time limit for claims under the Equality Act 2010 from three to six months. Joanne Stronach Head of Employment & HR provides an update. There will also be explicit protections from third-party harassment. The measures are in response to the consultation on sexual harassment in the workplace, which ran from July to…

The Supreme Court has upheld a decision that a postman had not been subjected to race discrimination when his applications for more than 30 jobs all failed. Joanne Stronach Head of Employment & HR reports on this recent case. In giving its judgment, the court clarified the correct approach to be taken by employment tribunals dealing with discrimination claims, particularly in reference to the burden of proof and whether any adverse…