Kent Solicitors

The manufacture and import of asbestos was banned in 1999

Find out when your building was constructed and /or when any significant refurbishments took place.

All non-domestic buildings constructed during and prior to 1999 must be surveyed.

Note: “Non-domestic” includes the common parts of blocks of flats!!

Does it have to be me who arranges / pays for it?
The burden falls on the person who is responsible for the day to day maintenance of the building

In the case of freehold property, this is likely to be the owner, but in the case of leasehold property it might be the Landlord or the Tenant according to the terms of the lease.

What next?
There are 3 types of asbestos survey. Discuss with the surveyor which one to choose

Labels: asbestos, kings hill, requirements, solicitor, survey

Follow any contractual or non-contractual procedure already published but if there is none…..

Appoint someone to carry out an investigation to establish the facts.

If you then decide to take disciplinary action, write to the employee concerned with detailed allegations and possible consequences

Attach copies of any written evidence

Ask him to attend a disciplinary hearing at a given time and location.

At the hearing

your representative (preferably someone other than the investigator) should explain the case and go through the evidence gathered

Allow the employee to answer all the allegations, ask questions and call witnesses.

Decide (preferably after due consideration, rather than instantly) whether any disciplinary action is necessary and write to the employee accordingly

If the issue is
o Performance or conduct, give a first written warning setting out a timetable and pattern of improvement for the employee to follow. Consider training. Write down the consequences of failure

o Extremely serious, give a final written warning.

o Gross misconduct, you might consider dismissal without notice

Indicate how long the decision will remain on the employee’s personnel file

Set out the right to appeal and how they should go about this

Hear the appeal (preferably using different, more senior managers)

Write to the employee confirming or overturning the decision or amending any penalty. Indicate how long the decision will remain on the employee’s personnel file

Labels: disciplinary, docklands, Employment, kent, misconduct, solicitor, Unfair dismissal

A residential tenancy with a rent exceeding 25,000 pounds will not be an Assured Shorthold Tenancy.

It will be a Common Law tenancy and therefore

The landlord will be entitled to possession at the end of the tenancy (without service of Notice To Quit).

The landlord will be able to bring the tenancy to an early end on any of the grounds specified in the tenancy agreement ( the Landlord is not restricted to the prescribed grounds set out in Schedule 2 Housing Act 1980).

The Tenancy Deposit Scheme provisions will not apply.

However, no eviction is possible without a Court Order.

Labels: rental limits, Residential tenancy

A tenancy cannot be an Assured Shorthold Tenancies (AST) if the rent exceeds 25,000 pounds

The £25,000 figure can be easily exceeded in a shared house or in a house of multiple occupation, where the rent is calculated as the combined rent of all tenants

Example: 5 joint tenants (for example students in a flat share) paying 100 pounds per week
= 5 x 100 x 52 = 26,000 pounds

Labels: Assured Shorthold Tenancy Rental limits

Unoccupied commercial premises (e.g. retail or office) used to get a get a 3-month exemption and then have to pay 50% rates. Now they get a 3-month exemption and then pay 100% rates.

For further details call Michael Breeze on 07 900 195 195.

Labels: commercial property rates

An NHS Trust has been held to go back on its own deal and upset the payment under a Compromise Agreement because it had acted outside its powers in agreeing an irrationally generous compensation payment.

This legislation could be used in other areas for example, massive pay offs on retirement to bankers and captains of industry where these are perceived as compensation for failure.

For further details call Michael Breeze on 07 900 195 195 to discuss further.

Labels: compensation payments, compromise agreements

In future, company directors and secretaries can keep private their private address and this will not be public information obtainable from Companies House.

They will provide a service address as well as their residential address. The former will appear in the company register of directors (It can be the trading address or the address of the companys accountant) and the latter will go into a separate new register and be protected information.

Existing directors will continue to have their residential addresses publicly available, until such time as they change the address for service (possibly after 01/10/09)

For further details call Michael Breeze on 07 900 195 195 to discuss further.

Labels: company directors residential addresses

Come and join Chris Lodge on 16 July at 8pm for an online chat which will take place in the Better Networking Lobby Chat. Visit http://betternetworking.co.uk/ to join.

Get FREE advice from Chris Lodge on what to do if you have a road accident.

Better Networking's specialist Road Traffic Accident Solicitor, Chris Lodge of Kaslers Solicitors LLP will be taking any questions on how best to cope with the aftermath of a road accident including taking photos, getting all the right information and what happens if your cannot be driven or if you are injured.

For more information - see http://www.car-accident-advice.co.uk/

Labels: Road Traffic Accident Advice

Once a trade mark owner has put items on the market, then, traditionally, he cannot interfere with the distribution of those goods within the EU and cannot complain if the goods are sold on to a “discounter” that is, someone who knocks them out at below the desired retail price.

However, if the initial sale of the goods is combined with a trade mark licence, the terms of that licence can control the terms of the onward sale.

Labels: trade marks luxury brands

As an employer, you need to Inform and Consult even if you are outsourcing the work from the UK to another country and there is no likelihood of the employees following their job there.

The point is that they will continue to be employed whilst you work through that consultation period and this will give them a longer time of paid employment whilst they look for alternative work.

Call Michael Breeze on 07 900 195 195 to discuss further

Labels: Employment

A Certificate is still required even though the tenant will be installing its own heating/cooling systems.

The Landlord may have to buy the certificate according to the most energy efficient fit-out possible. This may well be out of date at the time the tenant does the fitting.

Call Simon Scott on 0797 991 661 to discuss further.

Labels: Energy performance certificates