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Osborne announces Employment Law Reforms PDF Print E-mail
  
Tuesday, 04 October 2011 14:21

Chancellor George Osborne has announced two important changes, intended to reduce the number of employment tribunal claims and boost the economy.

First, the qualifying period for unfair dismissal will be increased from one year to two years with effect from 1 April 2012.

Second, fees will be introduced for tribunal claims. From the (sketchy) information currently available, it appears the following fee structure will apply:

  • upfront fee of £250 when lodging ET1;
  • further fee of £1,000 payable by Claimant when the hearing is listed;
  • higher fees if the claim is for over £30,000;
  • fee to be refunded if Claimant wins, and forfeited if they lose
  • fees to be waived for those with no money

The devil is always in the detail. If the test for a fee-waiver is simply being on income support, then most ex-employees will automatically qualify for the waiver (but those still in a job will not). Note that the issue fee of £250 (and hearing fee of £1,000) is substantially greater than the small claims issue fee.

For more information see the full article on London Evening Standard.

Last Updated ( Tuesday, 04 October 2011 14:31 )
 
Pomink Chopina w Manchestrze PDF Print E-mail
  
Monday, 26 September 2011 21:48

Pomnik Fryderyka Chopina został odsłonięty w Manchesterze 16 września. W uroczystości wzięła udział między innymi pani ambasador Barbara Tuge-Erecinska, a także przedstawiciele świata biznesu Polonii oraz mieszkańcy Manchesteru. Autorem największego pomnika Chopina poza granicami Polski jest Robert Sobociński z Poznania. Mierzący 2,5 metra wysokości posąg z brązu, zawierający elementy z okresu Powstania Listopadowego oraz  przedstawia kompozytora siedzącego przy fortepianie.

"Jesteśmy dumni, widząc tak wspaniały pomnik w samym sercu jednego z największych brytyjskich miast, które stało się domem dla bardzo wielu Polaków przez wiele lat" - powiedział cytowany przez media Andrzej  Person, szef senackiej komisji do spraw Polonii.

Jest to bardzo miły polski akcent w mieście, gdzie mieszka tak dużo naszych rodaków.

Pomink Chopina w Manchestrze
Last Updated ( Monday, 26 September 2011 22:06 )
 
ECJ - Pilot's Holiday Pay not limited to Basic Salary PDF Print E-mail
  
Friday, 16 September 2011 08:55

When a pilot is on holiday, should holiday pay be calculated from basic salary, or should the calculation include allowances on top of basic salary?

After a reference by the Supreme Court in the cases of Williams & Others v British Airways plc the answer to the question that landed at the European Court of Justice ‘ECJ’ is that generally, allowances must be included in holiday pay where they relate to "any inconvenient aspect" intrinsic to the performance of the job, e.g. a flying allowance paid to a pilot, whereas an allowance for occasional or ancillary costs, e.g. an allowance for time spent away from the pilot's base (but not working) might not need to be taken into account for holiday pay. However, pay during leave should be comparable to pay during periods of work.

The ECJ was concerned that if employers only pay basic salary for annual leave, the prospect of losing pay could deter people from taking annual leave, which would be contrary to the social policy of encouraging people to take leave.

The ECJ left the question of which elements of pay should be incorporated into holiday pay to be determined by the national Court.

The ECJ was considering a question arising from The Civil Aviation (Working Time) Regulations 2004 which cover aircrews, implementing the sector-specific provisions relating to Working Time. However, the Judgment may have broad implications for calculating holiday pay for workers where task-related allowances form part of remuneration.

 

Last Updated ( Monday, 31 October 2011 15:58 )
 
A Day in the Life of McHale & Co PDF Print E-mail
  
Thursday, 28 July 2011 08:29

The start of a regular monthly blog taking a snapshot of what goes on here at McHale & Co. We hope it shows the diversity of what we do and is of some interest!

For starters, Partner Andrew McHale spent most of the day in Trafford magistrates representing a client on a Private Criminal matter. The client had committed a serious Road Traffic Offence where the guideline sentence is 12 weeks in Prison. Fortunately Andrew managed to keep the client out of prison by securing a suspended sentence but it wasn’t easy!

Up the road in the High Court in Manchester, Litigation Partner Michael Muldoon was acting for a client on an alleged breach of a Super Injunction. The case ended up being adjourned to Friday.

Also out and about was Personal Injury Lawyer Nina Mahaffy who was taking instructions from a client who broke her shoulder after slipping on a railway sleeper on a golf course. The case is ongoing and Nina was getting detailed instructions for the witness statement. Tom Curle was in meetings with Didi Hamann about player recruitment in Stockport.

Meanwhile back at the ranch: Nicola Nolan was considering the contract on a Land Purchase in Kendal with complicated features and was getting ready for a number of Conveyancing completions on Friday whilst David Burke was negotiating the purchase of a Commercial Property on behalf of a client. Annemarie Smith was progressing matters in relation to Care Home Fees Reclaims-in particular looking at medical notes.

Matthew Kelly, in the Financial Irregularity department had the happy task of paying money to a satisfied customer after a successful claim against a bank and instructed Barristers to draft papers on a new claim. Darren Bossons from the Sports Law department was trying to arrange to take one of our player clients to a Premier league club and a back-to back loan to a Championship side.

Family Partner Edith Holt worked on some ongoing Divorce matters to bring them to an amicable and swift settlement and Marta Grzelak took instructions from a new Polish client about an accident at work. Paul Fitton was engaged in drafting wills and in the Employment Department Paul Harris-Stelfox was preparing for a matter that is before the Employment Tribunal tomorrow.

All in a days work at McHale & co!

Last Updated ( Thursday, 28 July 2011 08:41 )
 
A Day in the life of McHale & Co - September PDF Print E-mail
  
Friday, 30 September 2011 00:00

Our monthly snapshot of what goes on here at McHale & Co.

Friday 30th September saw Andrew McHale & Michael Muldoon involved in the final touches for our merger with Waldron & Schofield Solicitors which officially takes place tomorrow.

There were the usual conveyancing completions, Friday remaining the day when most people want to move house. In amongst the residential transactions carried out by Nicola Nolan and Nick Ball was a Commercial Lease completed by David Burke.

Tom Curle in the Sports Department was taking delivery of a pair of football boots for a very promising young prospect who is playing tomorrow for Manchester City Youth Team. A few potential loan moves were also being discussed between Tom and Darren Bossons.

In the Personal Injury department Andrew Walker prepared and delivered a Trial Bundle to Court for a final hearing next week. Afterwards the insurers on the other side finally came to their senses and made an offer to settle that was accepted and the case was settled to the client’s great satisfaction. Marta Gzelak was dealing with a number of Polish clients for whom we are acting and was talking to a client for whom we have already secured a £100k prosthetic hand. He is coming back to England so we can progress his case further.

Our favourite road traffic barrister Nick Flanagan was briefed to attend Court on Monday for a client by Michael French. Paul Fitton worked on reviewing video evidence on behalf of a private client accused of Rape in a case that has attracted media interest.

Our Financial Irregularity Department continued to progress the many cases that we have in Court against Financial Institutions who mis-sold Payment Protection Insurance to the public. Matthew Kelly enjoyed his last day as a trainee solicitor and looked forward to his qualification on Monday (when the really hard work starts!).

Family Law matters were progressed and we tried to sort out last minute contact issues for a client before the weekend. Thankfully matters were agreed with the other side to the client’s relief.

Another completely untypical “typical day” in the life of McHale & Co!

Last Updated ( Tuesday, 06 December 2011 16:17 )
 
'Kibice Manchester City kopiują styl poznaniaków' PDF Print E-mail
  
Monday, 26 September 2011 21:46

Spotkanie Ligi Europy w październiku 2010, w którym Lech Poznań mierzył się na wyjeździe z Manchesterem City, na długo zapadnie w pamięci brytyjskich kibiców. Głównie za sprawą polskich fanów, którzy zaszokowali Anglię nietypowym sposobem dopingu. Około 6 tysięcy polskich kibiców przybyło na mecz i pokazało Anglikom jak wspierać graczy.

'To jest coś niesamowitego. Jakbym słuchał plutonu amerykańskich marines podczas szkolenia. Manchester może i dominuje na boisku, ale na trybunach zwycięzcami są fani Lecha' - to słowa Petera Fergusona.

Po bramce dla Lecha, fani "Kolejorza" odwrócili się plecami do murawy, chwycili za barki i rytmicznie podskakując i śpiewając celebrowali strzelonego gola. Zgromadzonym na stadionie widzom spodobało się to tak bardzo, że postanowili na stałe włączyć to do swego kibicowskiego repertuaru. Okrzyk "Let's all do the Poznan" ("Zróbmy wszyscy Poznań") już nie raz zachęcał publikę do podobnego, żywego reagowania po bramkach dla 'niebieskich'. Możemy być dumi z polskich kibiców, którzy dają przykład poza granicami Polski. Na zdjęciu fani Manchester City kopiują styl poznaniaków na Barclays Premier League meczu w Fulham.

'Kibice Manchester City kopiują styl poznaniaków'
Last Updated ( Monday, 26 September 2011 22:07 )
 
A Day in the Life of McHale & Co - August PDF Print E-mail
  
Wednesday, 31 August 2011 00:00

Head of our Employment dept, Paul Harris-Stelfox, is drafting contracts of employment for teaching staff and finance officer, application forms for a teaching appointment, personnel records documents, all for a recently established Academy.

Michael French was with a 21 year old up on a drink drive charge in Trafford Magistrates. He received a 12 month disqualification, fines totaling £300. The bench gave have the option of the drink awareness course which the client availed of. Our Barrister Nick Flannagan represented the case in Court. Client’s anxious mother was also in attendance. They were happy with the outcome and glad that they now have closure on the situation.

Michael Muldoon was chasing the Court of Appeal for a judgment in the Country’s leading PPI case-it should be with us in a couple of weeks.

Nina Mahaffy from the Personal Injury Department is taking instructions from a new CICA client, and negotiating damages for a client who broke her neck in a car accident. Andrew Walker was drafting a witness statement for another accident victim.

Andrew McHale was working on the Firms renewal of its Professional Indemnity Insurance for next year-one of many administrative tasks that requires the input of senior management and stops them earning fees!

Also doing some “behind the scenes” work was Marta Grzelak who was preparing a new website to run in Poland in order to assist the Polish companies pursuing business activities in England.

In Conveyancing Nicola Nolan was completing the purchase of a property and was struggling to get hold of the client in the morning because he was training with the England Football team.

Meanwhile in Sports, Darren Bossons completed a deal to take Emile Sinclair to Peterborough FC. Tom Curle worked on some potential deals on transfer deadline day that frustratingly didn’t come off.

All in a days work here at McHale & Co!

Last Updated ( Monday, 03 October 2011 14:27 )
 
Our Environment, European Directives and the Expensive Reality PDF Print E-mail
  
Tuesday, 19 July 2011 12:47

Over the past few years farmers across Britain have been bombarded with piece after piece of red tape which has either been generated from within our own shores at Westminster or from further afield through our MEPs in Brussels.

After generations of performing everyday tasks in a standard fashion such as spraying crops, spreading manure and planting crops the European Union, most notably, has over recent years began to instruct farmers native to their own lands about how to perform these duties. Foreign ministers have constructed many legal obstacles, barriers and hoops for farmers to jump over, under and through thus adding much, and arguably unnecessary expense, to an industry that itself is not particularly thriving in the current economic climate.

One of the most recent issues to arise is the implementation of the European Commission Nitrates Directive which came into force on 1st January 2009 with area by area of the country being engulfed by its overarching rules and regulations. Its single most striking consequence is the prevention of farms in designated Nitrate Vulnerable Zones (NVZ) from spreading nitrogen based manures, fertilisers and pesticides between certain months of the year.

The logic in this would seem very reasonable and sound as quite rightly man-made products such as sprays should indeed be prevented from contaminating nearby water supplies. However, when it is considered that natural cow slurry is one of the substances regulated under the NVZ it is arguable that EU legislation has gone slightly over board considering for many decades such practices have gone on unnoticed without any interruption and without any problems. Depending on a farm’s location and soil type, slurry is now not permitted to be spread for up to 6 months of a calendar year. This has consequently led to many farmers shutting down dairies, diversifying from keeping store cattle and for many others it has meant spending tens of thousands of pounds to erect new slurry stores and purchase new spreading equipment in order to comply with this new directive which will apply to all NVZ affected farms by 1st January 2012 with no exceptions permitted.

This move has been welcomed by many but loathed by those losing out as a result. There will no doubt be further regulations to follow.

 
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