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‘Client care has always been key’

Solicitors Burton & Dyson has launched a brand new website and re-confirmed the role of its client charter.

The Gainsborough-based firm strives to achieve the highest standards and offer a personal client service that provides care and professionalism at all times. Its client charter sets out exactly what clients can expect from the firm and is based around a recognition that client care and personal service come first.

The charter, which is a reflection of how Burton & Dyson has always conducted itself, states that a client’s first meeting will be in complete confidence with no obligation and that clients will always receive a friendly and courteous service and be treated with the utmost respect.

Furthermore, all calls will be responded to on the day they are received and emails or other correspondence will be handled within 48 hours. Burton & Dyson promises to communicate regularly with its clients and keep them updated on the progress of cases, and emphasises that jargon will not be used and complex matters will be made as simple as possible.

The firm has also pledged that a detailed analysis of fees will be provided and clients will only be charged for what has been agreed in writing.

“We want to be as transparent as possible,” said Kirk Conroy, Business Support Manager. “Client care has always been key to us and our customer charter shapes the way we do business and the way we have always done business. It sets out what we will do for clients and is at the heart of everything we do to ensure that our clients receive the best possible service.”

For further information on Burton & Dyson please contact us.

Overtime to form part of worker’s holiday pay

Lisa Whitelam, partner at Gainsborough-based law firm Burton & Dyson discusses the implications of this morning’s holiday pay ruling at the Employment Appeals Tribunal.

This morning, the Employment Appeals Tribunal has handed down its judgment in the case of Bear Scotland vs Fulton and others; the much anticipated decision has ruled that voluntary overtime payments should be taken into consideration when calculating a worker’s holiday pay entitlement. As a result of today’s ruling it is estimated that approximately five million workers in the UK could be entitled to more holiday pay at a potential cost to companies of billions of pounds.

At the end of 2012 and beginning of 2013, three employees from the road maintenance company Bear Scotland presented claims to the employment tribunal asserting that voluntary overtime pay should have been included in their holiday pay. The employment judge hearing the case agreed with the claimants and ruled that all overtime payments should be taken into consideration when calculating holiday pay. The decision was appealed and the case was heard earlier this year with the Employment Appeals Tribunal upholding the initial judgment.

The decision has centred upon the interpretation of the Working Time Regulations implemented in the UK in 1998. Article 7 of the Working Time Directive states that workers must have the right to paid annual leave, however it does not specify how a worker’s pay should be calculated and this has historically been left to national legislation to determine. Prior to today’s decision, only basic pay has counted when calculating holiday pay.

Today’s result is expected to have huge ramifications for all companies whose workers carry out overtime above their contracted hours. With one sixth of the 30.8 million workers getting paid overtime, a significant number of claims can be expected as a result of today’s judgment.

It is anticipated that the ruling will be appealed to the Court of Appeal or referred to the EU Courts in Luxemburg for clarification on how European law should be interpreted. Interestingly, on previous referrals, the EU Courts have ruled that commission and bonus payments should be included in holiday pay which may provide an indication as to their potential approach should today’s decision be referred.

With either an appeal or referral likely, it may be some years before we have a final decision on whether overtime should form part of holiday pay.

Planning law reform makes home improvements easier

New figures show that changes to planning law are enabling thousands of homeowners to make improvements.

Since last year, new permitted development rights have given people more power to extend their homes without having to apply for planning permission.

Data published on 2 October has revealed that in the three months to June, councils across the country received 7,700 applications for home extensions, 6,500 of which received the go-ahead without needing to go through the planning process.

The figures also show how permitted development measures to enable redundant office buildings to be turned into new homes were also being taken up, with 1,100 applications received by councils in the last quarter and 900 approved during the same period.

Planning approvals were at a ten-year high, with authorities granting 350,200 permissions in the year to June, two per cent higher than in the previous year.

Meanwhile, Housing and Planning Minister Brandon Lewis has announced further proposed changes to planning law to support people who want to build their own homes.

Mr Lewis launched a consultation on proposals for a new Right to Build across England, which would enable anyone who wants to build their own home to turn to their council for help in finding a suitable plot of land. The consultation closes on 18 December.

In September, 11 local authorities began operating the Right to Build model on a voluntary basis to test how it will work in practice.

New law reinforces focus on children’s needs

The importance of children maintaining relationships with both their parents following a family breakdown has been reinforced with new legislation.

The change, which came into force on 22 October, encourages parents to be more focused on their children’s needs following separation and the role they each play in the child’s life.

The new law will require family courts to presume that each parent’s involvement in the child’s life will further their welfare, but with the needs of the child always remaining the paramount priority.

Justice Minister Simon Hughes said: “Following [the] break-up of relationships we are encouraging all parents to focus on the needs of the child rather than what they want for themselves.

“No parent should be excluded from their child’s life for no good reason. This change in the law is not about giving parents new ‘rights’ but makes clear to parents and everybody else that the family courts will presume that each parent will play a role in the future life of their child.”

Parental involvement is the last part of the Children and Families Act 2014 to be implemented. Its reforms include:

  • introducing the new Family Court in England and Wales with a simpler single system and a network of single application points
  • new child arrangements orders that encourage parents to focus on the child’s needs rather than what they see as their own ‘rights’
  • compulsory family mediation information meetings to help separating couples consider alternatives to court when resolving financial matters and arrangements for children.

Solicitors urge Brits to make a will

Most British adults have not made a will, according to new research from the body representing solicitors in England and Wales.

The Law Society findings, published on 27 October, revealed that 73 per cent of 16 to 54-year-olds do not have a will. Among over-55s, 64 per cent of people have made a will.

Law Society president Andrew Caplen said the figures were worrying, adding: “Thousands of people die every year without making a will or without a properly drafted will.

“Dying intestate not only means your final wishes will probably go unheeded, but the financial and emotional mess is left for your loved ones to sort out.

“Making a will is usually a very simple process but we urge people to use a qualified, insured solicitor because he or she will be able to spot the nuances that could lead to trouble later on if not properly addressed.”

It is estimated that by 2018 the government will receive nearly £6 billion annually in inheritance tax, levied at a rate of 40 per cent on estates worth more than £325,000. The Law Society said that with careful planning measures, such as leaving money to charity, people who would be subject to inheritance tax and make a will could substantially reduce the amount of tax due or even alleviate it all together.

A recent separate survey conducted by YouGov found that the biggest motivators for people writing a will were seeing the negative implications of not having one, and “feeling old enough”. Nearly half (47.2 per cent) of people drew up a will for one of these two reasons.

The biggest reason for people for not having a will was that they did not believe they had anything worth leaving (34 per cent).