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Latest legal news from Kent Solicitors, Kaslers Solicitors LLP.



Wednesday, 30 September 2009

National Minimum Wage Regulations

National Minimum Wage Regulations 1999 (Amendment) Regulations 2009 come into force on 1 October 2009. The Regulations increase the rate of the national minimum wage. The main rate rises from 5.73 pounds per hour to 5.80 pounds per hour and the development rate from 4.77 pounds per hour to 4.83 pounds per hour. The rate for workers aged 16 to 17 years increases from 3.53 pounds to 3.57 pounds per hour. The Regulations also specify new classes of persons who do not qualify for the national minimum wage and increase the day value of the accommodation amount that can be taken into account where an employer provides an employee with housing from 4.46 pounds to 4.51 pounds.

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Monday, 28 September 2009

Employment Dismissal and Effective Date of Termination

The Effective Date of Termination is a critical concept within employment law - not least because certain time limits run from it - most notably the 3 months within which you must issue your application

Contact: Michael Breeze (Solicitor, Partner) m: 07 900 195 195
e: mdb@kaslers.co.uk skype: michael.breeze.kaslers

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Thursday, 24 September 2009

Deposit Forfeiture Special purpose vehicle (SPV)

If a buyer fails to complete the purchase of land, then the seller forfeits the deposit.

The seller will also claim damages for the losses arising, for example, in a falling market, the difference between the contractual sale price agreed and the eventual sale price

That remedy will be useless if the buyer is a SPV with no other assets

Contact: Simon M. Scott (Solicitor, Partner) Mobile: 07979 916619
email: ss@kaslers.co.uk

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Wednesday, 23 September 2009

Illegal File Sharing and music privacy

Pop star Lilly Allen, an outspoken critic of both musical piracy and the Featured Artists Coalitions (FAC) softly-softly approach to the issue, has set up a blog http://idontwanttochangetheworld.blogspot.com/
to discuss the problem of illegal file sharing.

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Tuesday, 22 September 2009

Illegal Downloading

There was a slight dip in illegal downloading of 14-24 years olds according to the UK Music-commissioned study http://news.bbc.co.uk/1/hi/entertainment/8193148.stm

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Monday, 21 September 2009

Data Protection

In August 2009 The Information Commissioner's Office (ICO) found a doctor in Ipswich in breach of the Data Protection Act for failing to secure a computer containing patient information.
The computer was found in a car park by an employee of Suffolk Primary Care Trust. The computer contained employee and patient details.

The doctor has to sign an undertaking to keep personal information securely
Sally-Anne Poole, Head of Enforcement and Investigations at the ICO, said it is vital that sensitive personal information, such as patient information, is handled securely.

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Monday, 14 September 2009

Liability of Non-executive Directors

They must take an active role in the company, else may be held to be in breach of duty.

When an executive director stole many millions and carried out transactions with connected parties, the company sued 2 non-executive directors.

It was held that they should have quizzed him on the deals, all the most so because they knew of his past fraudulent activities

Michael Breeze (Solicitor, Partner) m: 07 900 195 195 e: mdb@kaslers.co.uk skype: michael.breeze.kaslers

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Saturday, 12 September 2009

Redundancy Consultation

An employer is obliged to consult with recognised trade unions (or if there are none, employee representatives) if 20-99 redundancies are proposed within a period of 90 days

Consultation must begin at least 30 days before the first dismissal takes effect

If 100 or more redundancies are proposed, then a 90 days consultation period is needed

Contact: Selwan Yousif Tel : 0845 270 2511 email : sy@kaslers.co.uk

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Thursday, 10 September 2009

Redundancy - Length of service

Length of service alone on a last in first out basis will probably be discrimatory on grounds of age as younger employees tend to have less service.

However, it might be justified if the employer can show that the discriminatory act was a proportionate means of achieving a legitimate aim.

The courts have decided that length of service was an indirectly discriminatory criteria, but it could be justified on the basis of rewarding loyalty and achieving a stable workforce.

Contact: Selwan Yousif Tel : 0845 270 2511 email : sy@kaslers.co.uk

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Saturday, 5 September 2009

Employment Restrictive Covenants

Check that the employer and employee have actually signed up to the terms of restrictive covenants

So often, the employer never actually included the relevant term in the employment contract

Perhaps the employee never signed up to a new version of the terms and conditions, or the restrictive covenants are contained in a staff handbook which has no contractual status.

An employer should review the position when considering wage increases and make sure that the pay increase is given in consideration of newly re-stated restrictive covenants.

Contact: Selwan Yousif Tel : 0845 270 2511 email : sy@kaslers.co.uk

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Wednesday, 2 September 2009

Walt Disney Acquisition

Congratulations to Walt Disney for their acquisition with Marvel
http://www.bloomberg.com/apps/news?pid=20601103&sid=aU_kuPju0Ngo


Luke English (Trainee Solicitor)
t : 01732 897 974 e : lde@kaslers.co.uk

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Illegal Workers Penalties

Employers who employ illegal workers face a maximum penalty of 10,000 pounds per illegal worker.

Contact: Michael Breeze (Solicitor, Partner) m: 07 900 195.195
e: mdb@kaslers.co.uk skype: michael.breeze.kaslers

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Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to if you need legal advise about any of these issues