A Leamington Spa family lawyer has given her advice to people who are looking at how to navigate festive parenting arrangements with a former partner.

Sophia Mellor, head of family law at Blythe Liggins Solicitors, said that if parents were involved in a dispute around festive arrangements for children, it is now too late to apply for a judge to rule on the situation – but there are still ways in which the law can still assist.

She said: “When disputes arise around arrangements for the children, the preference should always be for discussion between the two ex-partners to help reach an amicable solution which is right for their family, however those arrangements look.

“The focus should always be on the welfare of the children, as this is the priority of the court when considering an application on a matter like this.

“If talking and reaching a mutually acceptable arrangement isn’t possible or creates conflict, then professional input may be required. Mediation can be considered, and there are also other forms of dispute resolution that may be helpful, including ‘collaborative law’.”

Many family law solicitors are approved collaborative lawyers, which means they work with co-parents to resolve their issues out of court.

This involves both parents hiring a family lawyer each and all parties then meeting to negotiate a solution. The aim is to work towards the right solution for the family, rather than giving a forum for parents to argue their respective cases.

Sophia said: “No two families are the same, so the aim of a collaborative lawyer is to work with these families to find the solution which causes the least disruption to the children and the least amount of upset to everyone involved.

“If you find yourself in a situation in which you are experiencing difficulties of this type at the eleventh hour before the Christmas holidays, I recommend taking advice from a solicitor as soon as possible to see whether collaborative law can help you find a way forward.”

Caption: Sophia Mellor, Head of Family Law.

Newly-promoted Leamington FC are starting the 2024/25 season with a new addition to the squad – a leading local law firm.

It’s the first time Blythe Liggins has sponsored the high-flying Brakes and will see the firm’s logo on one of the sleeves of their home shirt as they mark a quick return to the National League North.

There’s also every chance the distinctive gold and black striped shirt will be seen on national television as various National League North matches will be shown by a major broadcaster.

Additionally, the Blythe Liggins’ sponsorship deal extends to a pitch-side board at Leamington’s stadium in Harbury Lane which regularly sees 600 fans cheer on the Brakes.

David Lester, senior partner at Blythe Liggins, said: “It’s fantastic that our first sponsorship deal with Leamington FC coincides with their rapid promotion back to National League North which is home to some real big hitters.

“We hope it also brings the Brakes some extra luck and, who knows, as it’s a team packed with talent and dedication they can build upon their recent success and play towards as high a finish as possible.”

Jim Scott, chairman at Leamington FC, said: “Our thanks go to Blythe Liggins, our brand-new legal partners, who are a well-established legal practice in the town with clients in Warwickshire and further afield.

“It’s great to welcome them to the Leamington FC family in what promises to be a very exciting season ahead for the Brakes.”

ENDS

CAPTIONS: Simon Davies, Commercial Manager at Leamington FC, with David Lester, senior partner at Blythe Liggins Solicitors

Tickets are selling fast for a festive pantomime which will raise money for charity in memory of a young girl from Warwick.

Raise The Roof theatre company will perform its original production of ‘The Festive Elves & The Shoemakers’ in Warwick and Leamington Spa from Wednesday 6^th to Friday 8^th November.

Evening performances will take place on Wednesday 6^th and Thursday 7^th November in the Great Hall at Warwick Castle, followed by a matinee and evening show on Saturday 9^th November at the Royal Pump Rooms in Leamington.

The pantomime will raise money for Birmingham Children’s Hospital in memory of 11-year-old Annabel Greenhalgh from Warwick Gates, who died suddenly in October 2022.

Director and writer Amelia Webster from Raise The Roof theatre company said: “Our show is based on the classic story ‘The Elves and the Shoemaker’, a story from Grimm’s Fairy Tales in which a poor shoemaker receives help from three young elves.

“Our mission as a theatre company is to create brand new shows and exciting opportunities for all, so we have given the story a pantomime makeover, complete with a new plot and twists in the tale.

“The show will also feature original songs sung by our wonderful cast, which is made up entirely of local people.”

The cast will include one of Annabel’s closest friends, who now lives in Finland and will be flying over especially to play the role of Aurora, the fairy of the Northern Lights, in the show as a tribute to her.

The show is being supported by sponsorship from Leamington-based Blythe Liggins Solicitors.

Amelia said: “We’re really looking forward to sharing our festive new show with audiences in Warwick and Leamington. Tickets are beginning to run low for some of the shows, so we’d urge theatregoers to book their spot sooner rather than later.

“We’d like to thank everyone at Blythe Liggins for their support, which helps to make the show possible.”

Donna Bothamley, partner at Blythe Liggins, said: “We’re proud to be supporting Raise the Roof for the second year in a row.

“Last year’s show was a huge hit and this year’s looks set to be an even bigger production, with a talented cast of performers bringing this wonderful original piece of theatre to life.”

Tickets are available to book at https://www.ticketsource.co.uk/raise-the-roof-theatre-co

ENDS

CAPTIONS:

• The cast of ‘The Festive Elves & The Shoemakers’ with Donna Bothamley from show sponsors Blythe Liggins Solicitors

I’ve been given a Settlement Agreement by my employer – what is it?

A Settlement Agreement is an agreement between an employer and an employee in which you are asked to settle your employment claims.

Usually, the Agreement will record that your employment ends on a certain date, as part of the terms.

If you sign the Settlement Agreement, you will not be able to sue your employer for claims connected to your employment or its termination, for example, unfair dismissal, discrimination, notice pay claims etc.

In return for agreeing to give up those employment claims, your employer will normally offer you financial compensation under the Agreement.

Why has my employer offered me a Settlement Agreement?

Employers often offer Settlement Agreements because they are concerned that you may have employment claims and they want to avoid the cost, risk and management time spent in dealing with them.

Sometimes, employers offer Settlement Agreements even when there are not any claims, at the time. For example, employees frequently seek advice about Agreements which are presented to them because their employer does not want to go through, say, a redundancy consultation or a disciplinary procedure.

Can I ask my employer for a Settlement Agreement?

Yes, you can ask your employer if they would be prepared to offer you a Settlement Agreement.

You would only usually ask your employer for a Settlement Agreement if you were prepared to leave your job and you thought that you had potential employment claims.

I can advise you about how to best approach your employer or I can do so, on your behalf.

Why would I ask my employer for a Settlement Agreement?

You might want to consider asking your employer if a Settlement Agreement could be offered if, for example:

• you have been told that you are being called to a disciplinary hearing and you are facing allegations which you believe will probably lead, rightly or wrongly, to your dismissal (particularly if there are allegations of gross misconduct) or
• you want to leave your job due to discrimination or other detrimental treatment by your employer or colleagues and you do not want to raise a grievance about it (or you are unhappy with a grievance outcome).

Do I need to get legal advice about the Settlement Agreement?

Yes, you are required to take legal advice and there are only certain individuals, including Solicitors, who are allowed to advise you about the terms of the Settlement Agreement; most people ask a Solicitor to advise.

I am a specialist Employment Solicitor and I have been advising on Settlement Agreements, as well as negotiating beneficial changes to them for employees, for over 20 years.

Your employer will almost always make a contribution towards the cost of the legal advice which they require you to take.

Do I have to sign a Settlement Agreement?

No, you are not obliged to sign a Settlement Agreement; however, there may be repercussions, if you do not sign.

For example, the employer may then proceed with a performance, long-term sickness or disciplinary procedure against you, where relevant. You would therefore need to weigh up whether it would be in your interests to decline an Agreement and I can help you make that decision.

Can I negotiate the terms of a Settlement Agreement?

Yes, you can negotiate the terms of a Settlement Agreement.

The most important part of the Settlement Agreement tends to be the terms about the financial compensation which you would receive. I would advise you whether this would be a reasonable sum in relation to the potential value of your claims.

With regard to other terms of the Agreement, it is worth bearing in mind that as they are drafted on behalf of the employer, they are usually strongly in the employer’s favour. It is important for you to understand which clauses are standard and which should be disputed.

As part of advising you about the terms of the Agreement, I would consider whether there are any negotiations on the terms which you might want to be carried out, including possibly asking for an enhanced financial package. I can seek to negotiate improvements on your behalf or you could carry out your own negotiations with your employer, if you preferred.

What are the advantages of signing a Settlement Agreement?

If you sign a Settlement Agreement, it will bring to an end the issues which you may be facing, for example a potential or actual dismissal or an in-depth grievance.

It will almost always be quicker, cheaper and less stressful to settle claims under a Settlement Agreement than if you were to bring an Employment Tribunal case.

In addition, the terms will usually include: an agreed reference; an agreement that neither party talks about the circumstances leading up to the end of employment (nor the agreement/its terms) and that neither party will make derogatory comments about the other. This can help both parties to move forward from any difficult employment situation, on a positive basis.

What are the disadvantages of signing a Settlement Agreement?

In most instances, you will be required to agree to the ending of your employment under the Agreement. However, quite often, by the time that a Settlement Agreement is offered, employees are unhappy with their work situation and are happy to exit.

Obviously, after signing the Agreement, you would not be able to litigate your claims but I would advise you beforehand about the suitability of the Agreement.

Can I ask Julia Woodhouse, Settlement Agreement Solicitor – Leamington Spa, Warwick and Warwickshire to advise me?

Yes, I will be pleased to help you. I have extensive experience in advising on and negotiating Settlement Agreements. I will work with you towards achieving a fair and reasonable Settlement which also allows you to start the next chapter of your working life, with confidence.

Please contact Julia on 01926 831231 or email her at jhw@blytheliggins.co.uk 

Julia is an Employment Solicitor based in Leamington Spa and advises clients across Leamington Spa, Warwick, Kenilworth, Coventry, Rugby, Nuneaton, Atherstone and further afield.

 

This article does not provide you with legal advice.

 

On 10 October 2024, the Government presented the Employment Rights Bill to Parliament, containing some of the most significant reforms in a decade. The Government will consult on the reforms and most of them are expected to take effect no earlier than 2026.

Following on from our first article about the Employment Rights Bill, we set out below a summary of the key issues relating to trade unions and other matters in the Bill.

Collective redundancy consultation and notification

The Bill changes the current thresholds which trigger the need to collectively consult (ie with trade union or elected employee representatives) and when employers need to notify the Secretary of State.

Currently, the duty to collectively consult and, separately, notify the Secretary of State is triggered where the employer is proposing 20 or more redundancies, at a single establishment, within 90 days or less.

Under the Bill, the duties will arise when the employer is proposing 20 or more redundancies across its business (rather than solely at a single establishment of the business). As a result, more proposed redundancy situations are likely to come within the scope of the requirements.

Written statement of employment particulars

The written statement will have to include confirmation that the worker has the right to join a trade union; this information will also need to be given at other prescribed times.

Trade unions

The Bill provides for:

• access agreements to be entered into between listed trade unions and employers to allow officials from those unions to access the workplace for certain reasons
• trade union representatives to have sufficient access to facilities and to give time off rights to union equality representatives and
• the current statutory trade union recognition process will be simplified.

Industrial action

Changes will be made to remove the requirement that at least 50% of those entitled to vote in a ballot for industrial action, do vote and this will be replaced by requiring a simple majority of those who vote.

The Bill will repeal the legislation which allows employers, in certain sectors, to impose minimum service levels, during strikes.

There will also be protection from detriment for taking part in official and protected industrial action and protection against dismissal.

Equality action plans

Employers with 250 + employees will be required to produce a gender pay gap action plan to accompany their gender pay reports. They will also be required to produce action plans on how they support employees through the menopause.

Fair Work Agency

A single enforcement body will be created called the Fair Work Agency. The role of the agency will be to ensure greater protection of workers’ rights, with representation from trade unions and businesses.

Other provisions

There will be provisions establishing the School Support Staff Negotiating Body to establish national terms and conditions.

The Bill also provides for the establishment of an Adult Social Care Negotiating Body, with the aim of establishing a Fair Pay Agreement in the adult social care sector.

Next steps

The Bill will need to progress through Parliament and there are likely to be changes during this process. Both employers and employees should look out for updates on the proposals over the next few years.

If you would like to discuss any employment matter, please contact Julia Woodhouse on 01926 831231 or jhw@blytheliggins.co.uk  

Julia is an Employment Solicitor based in Leamington Spa and advises clients across Leamington Spa, Warwick, Kenilworth, Coventry, Rugby, Nuneaton, Atherstone and further afield.

 

This article does not constitute legal advice.

A local hospice has added a new shop in Alcester to its footprint of charity shops – bringing the total to 26.

The Myton Hospices has just opened its newest store, which will sell donated preloved homewares, electrical items and small pieces of furniture, at Alcester Business Centre in Kinwarton Farm Road.

It is the charity’s second shop in Alcester – the other is an established clothing boutique which is based in the town centre.

The Myton Hospices was helped in its acquisition of the new Alcester shop – and the other 25 stores in its retail estate by Blythe Liggins. We work with the charity on new leases and lease renewals for its shops and we are also a long-term supporter of the charity.

Ralph Beevers, head of retail and trading at The Myton Hospices, said: “We have had our town centre shop in Alcester for about six years now, so this new store was a great chance to have another shop in the town with a slightly different offering of stock.

“Being based out of the town centre, it is easy to access for dropping off donations, which are always gratefully received.”

The new Alcester store will be accepting donations of electrical items such as toasters, microwaves and hairdryers and, as it carries out its own PAT testing, is able to accept “almost anything with a plug”, Ralph said.

As well as the two Alcester stores, The Myton Hospices also has shops in locations including Leamington, Stratford, Warwick, Rugby, Southam, Kenilworth, Nuneaton and Henley in Arden.

Nick Watts, principal associate at Blythe Liggins, has worked with the hospice on the leases for its various shops. He said: “The Myton Hospices is an important charity which we’re proud to support – whether that’s by raising money through fundraising or through championing their ever-growing network of shops by supporting on the legal side of the leases.

“The new shop at Alcester Business Centre is looking smart and I’m sure it will be well supported with quality donations.”

Caption: Nick Watts, Principal Associate in the Commercial Department.

Employment Rights Bill – individual rights

On 10 October 2024, the Government presented the Employment Rights Bill to Parliament, containing some of the most significant reforms in a decade. The Government will consult on the reforms and most of them are expected to take effect no earlier than 2026.

This is a summary of some of the key issues relating to individual employment rights in the Bill (there will be a second article about trade union rights and other matters under the Bill).

Day One right to claim Unfair Dismissal

The Bill will remove the two year qualifying period for ordinary unfair dismissal claims; this will allow employees to bring unfair dismissal claims from the first day of their employment.

However, it is anticipated that employers will be allowed to operate a probationary period during which there will be a lighter touch process for employers to follow, to dismiss an employee who is “not right for the job”.

The Government will consult about the length of the statutory probationary period but currently, its preference is that it lasts for 9 months.

This is likely to have a significant effect on the way employment relationships are handled by employers, as well as leading to an increase in Employment Tribunal claims.

Note that there are already some specific exceptions to the two year qualifying period for unfair dismissal eg if an employee is dismissed because s/he has made a protected disclosure (whistleblowing).

Paternity leave and unpaid Parental leave

The entitlement to paternity and parental leave will be available from the first day of employment. Employees will also be able to take Paternity leave and pay following Shared Parental leave and pay which is currently not allowed.

Bereavement leave

This leave will be a new right but we do not yet know details of the relationship which the employee will be required to have had with the deceased. Currently, bereavement leave (and pay) only applies to parents who have lost a child under 18 years old or had a stillbirth after 24 weeks of pregnancy.

Dismissal during or after family leave

There will be additional protections against dismissal of employees during or after a protected period of pregnancy and on return from other forms of statutory family leave. This will go beyond the enhanced protection introduced in April 2024 which only related to redundancies.

Statutory Sick Pay

This will be payable from the first day of sickness (currently there is a three day waiting period and payment starts on day four). In addition, the Lower Earnings Limited will be removed, making all employees eligible for Statutory Sick Pay. The Bill allows for a lower earner to be paid less than the statutory rate.

Flexible working

The right to request flexible working will be strengthened.

Under the proposed changes, employers will only be able to rely on one (or more) of the statutory grounds to refuse a request for flexible working, where it is reasonable to do so.

Where the employee’s request is refused, the employer will be required to explain in writing to the employee, the ground(s) for refusal and why it is reasonable to refuse the application on those ground(s).

Zero hours contracts

There will not be an outright ban on zero hours contracts but there will be a right for workers on zero hours or low hours contracts to:

• a guaranteed hours contract which reflects the worker’s normal hours, based on a reference period
• reasonable notice of a shift, if the worker is on a zero hours contract or works under a contract where the shift patterns are not known in advance and
• reasonable notice of changes to a shift or working time and proportionate compensation for shifts cancelled or curtailed at short notice.

Sexual harassment

Under a law which took effect on 26 October 2024, there is a duty on employers to take reasonable steps to prevent sexual harassment, in the course of workers’ employment.

However, under the Employment Rights Bill, the new duty will be extended further to require employers to take all reasonable steps, making the duty more onerous on employers.

Third party harassment

An employer will be liable if a third party (such as a customer) harasses a worker in the course of his/her employment and the employer had failed to take all reasonable steps to prevent that harassment.

This provision will apply to harassment on the grounds of any relevant protected characteristic (not just sexual harassment) including age, disability, gender reassignment, race, religion or belief, sex or sexual orientation.

Fire and re-hire or Fire and replace

The provisions in the Bill place tight restrictions on when an employer can fire and rehire the same employee or fire one employee and replace him/her with another employee.

Dismissals will be automatically unfair where the reason (or main reason) for the dismissal is:

• that the employee did not agree to his/her employer’s requested variation of contract of employment or
• to enable the employer to employ another person or re-engage the employee under a varied contract of employment, to carry out substantially the same duties as the employee carried out, before his/her dismissal.

There will be a limited exception where the reason for the variation, is to address financial difficulties affecting the employer’s business.

Next steps

The Bill will need to progress through Parliament and there are likely to be changes to it during this process. Both employers and employees should look out for updates on the proposals over the next few years.

If you would like to discuss any employment matter, please contact Julia Woodhouse on 01926 831231 or jhw@blytheliggins.co.uk  

Julia is an Employment Solicitor based in Leamington Spa and advises clients across Leamington Spa, Warwick, Kenilworth, Coventry, Rugby, Nuneaton, Atherstone and further afield.

This article does not constitute legal advice.