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Linder Myers – Legal 500 Directory

Linder Myers is proud to feature in the Legal 500 legal directory. Each year the Legal 500 directory undertake an independent, full and comprehensive analysis of law firms across the United Kingdom in order to assess the best law firms across the country and by region.

BBC breakfast bulletin: The right to be forgotten

One of the lead stories on BBC 1 Breakfast this morning was about the overhaul of UK data protection laws.

British citizens will soon have more rights to control what is done with personal information about them. The UK data protection watchdog is also to get new powers and will be able to levy higher fines.

Sleep-in workers – is a person working simply by being present?

A hot topic within the employment sector is the question of whether ‘sleeping time’ should be classed as ‘working time’ for the purpose of National Minimum Wage Regulations (NMWR).

The aim of this deliberation is to determine whether employees should be paid for hours spent sleeping whilst technically being ‘at work’. Many would declare that their dream job would be getting paid to sleep, but is there a valid argument to support this?

Care Home contracts

The law provides greater protection for consumers when they enter into contracts with businesses than it does when businesses contract with other businesses.

Residential care home clients are invariably “customers” and not businesses. So these additional protections need to be kept in mind when drafting and preparing the contractual terms which are to govern the relationship between the residential care home and its residents.

Can you recover costs in a small claims dispute?

The basic position is that for claims which have been allocated to the Small Claims Track, usually with a monetary value of less than £10,000, the Court will not order a party to pay fees or expenses to the other party, subject to certain exceptions.

One of those exceptions is if the Court thinks a party has behaved unreasonably.

Residential tenancy deposits – are you protected?

Landlords and Tenants should take heed of the importance of complying with the legal requirements centring around the protection of tenancy deposits.

As most Landlords will be aware, any deposit paid in connection with an Assured Short-hold Tenancy since 6th April 2007 must be registered with an authorised Tenancy Deposit Scheme. The Tenant must be provided with prescribed information within 30 days of receipt of the deposit. Landlords are required to register the deposit within 30 days of receipt.

Timeshares – not all ‘fun in the sun’

Each year, thousands of Brits are cold called or approached in the street to be hailed as “competition” winners or presented with offers of “free holidays”. The catch being you have to attend a presentation in order to claim your “prize”.

The presentation is a high pressure sales pitch which can last several hours with many people finding it difficult to leave without signing up for a Timeshare, a decision they often later live to regret.

The apprenticeship levy explained

Under the Equality Act 2010, it is common practice for an employer to be held vicariously liable for discriminatory acts that their employees commit during ‘the course of employment’. Imposing strict liability on employers encourages them to maintain standards of “good practice” by their employees.

Employment contracts – what to look out for when starting a new job

When starting a new job, many employees will often overlook the crucial part of reviewing the finer details of their employment contract.

Contracts of employment are important documents as they set out the key terms of your employment with your new company. It is therefore vital to check these terms carefully before you agree to them. In particular, you need to query the following before you sign on the dotted line.

Can my boss ask me to return earlier or later from maternity leave?

It is always recommended that notifying your employer be done in writing at least 15 weeks before your baby is due. If this is not possible, for example because you did not realise you were pregnant, you should inform your employer as soon as possible.

All employees have a right to 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave, making 52 weeks in total.

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