Tel: 01427 610761

Burton and Dyson Ltd

With effect from 7th April 2016 the Practice of Burton and Dyson has been incorporated as a limited company, Burton and Dyson Ltd.

The company will continue to practice under the name Burton and Dyson.

Our client services, working practices and customer relationships will remain unchanged, and the same staff will continue to provide the same care and attention to your needs as you have always received.

If you have any questions regarding this change please speak to your usual contact or alternatively, Steven Hardy, Managing Director.

Dementia Friends

Fifteen members of our staff have completed a training course run by The Alzheimer’s Society to become recognised Dementia Friends.

The course looks at understanding issues surrounding dementia and what’s it’s like living with dementia or caring for someone with a dementia diagnosis.

The Alzheimer’s Society are on target to recruit 4 million Dementia Friends by 2020 and Burton & Dyson are proud to be part of the scheme.

To build on the Dementia Friends training, Sarah Grayson, Solicitor in our Wills and Probate department, is also a member of the West Lindsey Dementia Action Alliance, which aims to raise awareness of dementia related issues in the local community and is working towards making West Lindsey a recognised Dementia Friendly Community.

We choose LIVES as our 2016-2017 charity

We are pleased to announce that we made a donation to Lincolnshire Integrated Voluntary Emergency Services, known as LIVES.

This is the first time that we have been directly involved with LIVES and it has come about as our Conveyancing Paralegal, Charlotte Brown, is a LIVES first responder who has recently achieved her level three qualification.

LIVES is a charity that provides emergency first aid to people living in Lincolnshire. When there is a medical emergency and 999 is dialled, an ambulance will be mobilised as well as a volunteer LIVES Medic or Responder who is on call in the area. LIVES responders aim to be with a patient within five minutes of being mobilised and attended to 18,000 call outs across Lincolnshire last year. Having a LIVES Responder on call ensures a much quicker response to a patient, especially in rural communities.

Our donation will go towards training the volunteer responders and paying for vital medical equipment.

Charlotte Brown said: “It is impossible to know when a medical emergency will happen and I’m so proud that Burton & Dyson will be supporting this local charity that means so much to me. The donation will mean that volunteers such as me can be trained in helping to keep our community safe. The firm hopes to make further contributions and create greater links with LIVES in the future. Partners are also encouraging everyone to run regular fund raising events, and LIVES will be one of the Partners’ chosen charities for 2016-2017.”

Steven Hardy, Senior Partner, said: “We are very proud of what Charlotte has done and are pleased to support the work that she and the rest of the LIVES team put in. It is a great local charity.”

Burton & Dyson get in the saddle

A team of novice cyclists from Burton & Dyson Solicitors recently completed the 100 mile Lincoln Castle to Coast to Castle (C2C2C); raising money for three local charities in the process.

The team from the Gainsborough-based firm were Kirk Conroy, Dawn Fenn, Jason Whitelam, Lisa Whitelam and Andy Wolfe who all raised funds for the event ’s chosen

Charities; Sophie’s Story, St Barnabas Hospice, and Lincolnshire and Nottinghamshire Air Ambulance which celebrates its 21st birthday this year.

The circular C2C2C route saw the cyclists depart from Lincoln Castle’s Bailgate and head to Chapel Saint Leonards. Office Manager Kirk Conroy said: “None of us had done anything like this before and we had been in training for just three months. In fact, I didn’t even own a bike until February! Despite our nerves, we all had a great experience on the day and secured money for good causes.”

The annual C2C2C event saw 311 riders participate last year and raise £10,000 for Cyclists Fighting Cancer and Different Strokes.

Caption (from left to right) – Andy Wolfe, Jason Whitelam, Lisa Whitelam, Kirk Conroy, Dawn Fenn

‘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.