What is a redundancy?

A redundancy is where there is: a closure of a particular site or office; a closure of the whole business or where there is a reduced need for employees to do a particular sort of work.

Employment rights

If you are being made redundant, you are entitled to notice of termination of employment but you may also have other rights.

If you have at least two years’ continuous employment, you will be entitled to a statutory redundancy payment and you will also have unfair dismissal rights.

If your employer does not have a genuine redundancy situation or if it fails to follow a fair consultation procedure before ending your employment, you are likely to have an unfair dismissal claim.

In larger scale redundancies (where there are 20 or more employees being made redundant at one establishment over a period of 90 days or less), your employer must also collectively consult with trade union or employee representatives, as well as with you individually.

In some instances, where selection for redundancy is for a discriminatory reason, you may have a discrimination claim. It is against the law to discriminate because of the following protected characteristics: sex, race, disability, age, religion or belief, sexual orientation, gender reassignment, pregnancy and maternity or marriage and civil partnership. You can bring a claim for discrimination without any period of continuous employment.

Settlement agreements

Sometimes employers will offer Settlement Agreements during a redundancy process.

A Settlement Agreement is an agreement between an employer and an employee in which the employee agrees not to pursue employment claims, usually in return for a financial package from the employer and other terms.

If you are offered a Settlement Agreement, you will be required to take independent legal advice on it. If you come to us, we will check that you are being offered a fair deal.

Caption: Julia Woodhouse, Employment Law Solicitor.

A firm of Warwickshire solicitors raised nearly £2,000 for its nominated charity by giving up its time for free to support its Make a Will Week campaign.

Blythe Liggins Solicitors in Leamington Spa raised £1,912 for The Myton Hospices by taking part in the campaign, which ran between March 7 and 11.

The fundraising drive has raised £16,522 so far this year for Myton, which needs to generate £7.8 million every year to provide its services for free.

Blythe Liggins has supported its nominated charity for more than 25 years, taking part in Make a Will Week since 2010.

Donna Bothamley, head of the wills and probate department at Blythe Liggins, said: “We had a fantastic response to the Make a Will Week campaign this year and we’re delighted to have raised nearly £2,000 for our long-standing named charity.

“Charities like Myton took a huge hit during the pandemic and supporting them has never been more important as we slowly get back to normal.

“The money will help the charity to continue providing vital services and support for terminally ill people and their families across Coventry and Warwickshire.”

For more information on The Myton Hospices, visit www.mytonhospice.org.

For more information on Blythe Liggins, call 01926 831231 or visit www.blytheliggins.co.uk.

CAPTION: L-R Jessica McDonnell, Kayleigh Mullins and Paul England from the wills and probate team at Blythe Liggins Solicitors, which raised £1,912 for The Myton Hospices by giving its time for free during the Make a Will Week campaign

Blue skies greeted the much-anticipated return of one of Warwickshire’s biggest sporting spectacles, the Two Castles Run, which took place at the weekend for the first time since before the Covid-19 pandemic.

The 38th staging of the renowned run between Warwick and Kenilworth castles on Sunday (June 12) lived up to its well-established reputation as one of the best 10k runs in the country.

After an enforced break in 2020 and 2021, huge crowds came out to support the return of the event, which was once again organised by Kenilworth Rotary Club and Leamington Cycling and Athletics Club and sponsored by Leamington solicitors Blythe Liggins.

There was repeat success for 2019 winner Callum Hanlon (Leamington Cycling and Athletics Club), who crossed the finish line at Kenilworth Castle in a time of 32m 1s, beating his winning time from three years ago by 56 seconds.

Second home was team-mate Frazer Knowles with a time of 32m 59s, with Luke Morgan (Kenilworth Runners) completing the top three just a second behind, in a time of 33 minutes flat.

Julie Emmerson (Coventry Godiva Harriers) went one better than 2019 and was the first woman home in a time of 36m 20s, with Kelly Edwards (Leamington Cycling and Athletics Club) second in a time of 37m 43 second and Natalie Bhangal, also of Leamington Cycling and Athletics Club, completing the top three in a time of 40m 3s.

Rotary press officer Bob Kelly said: “It was fantastic to see such a successful return for this much-loved event after an enforced absence.

“A big thank-you to everyone who made it happen, from the volunteers to the runners and the large crowds who came out to support the event.”

It was the 17th year that Blythe Liggins was the event’s headline sponsor, with the firm also fielding a squad of some 30 runners, as well as providing race marshals.

Senior partner David Lester said: “We’re delighted the day went so well and it was wonderful to see such a large crowd come out to support the runners.

“The Two Castles is a huge event for the county and it has been much missed the last two years. It’s a great boost to see it return, not least for the charities who benefit from it and who have seen their fundraising hit hard since the start of the pandemic.”

The race is staffed entirely by unpaid volunteers and annually raises more than £100,000 for local and national charities. The first run had 400 runners and now more than 3,000 take part.

To see the full results of the Two Castles, visit www.stuweb.co.uk.

Caption: The winners are pictured with Sir Jeremy Wright MP and David Lester, senior partner at Blythe Liggins.

A long-awaited change in the law to allow for a no-fault divorce will have a significant benefit for families and remove toxic “blame culture,” a Warwickshire solicitor has said.

New legislation comes into force on April 6 which allows couples to individually or jointly approach a court to ask for a divorce without needing to blame one another.

Up until now, couples have had to be separated for two years with each other’s consent, or five years without, before they could apply for a divorce, otherwise they would need to blame the other party.

The blame could be assigned through adultery, unreasonable behaviour or desertion.

Sophia Mellor, head of family law at Blythe Liggins Solicitors in Leamington, said the updated law should make a difficult time much easier for everyone concerned.

She is offering a free advice session – either in person or via video call – for anyone wanting to find out more about the new legislation and how it may affect them.

Sophia said: “The current law dates back to 1973 and the main argument against it was that it was outdated, a point of view which has finally been listened to.

“The family law campaign group Resolution started a campaign for the introduction of a no-fault divorce law more than 30 years ago and many involved in the family justice system have been fighting for it ever since.

“Now, we have a situation where a couple can approach a court on a joint basis and not blame each other. Both applicants take part on an equal footing and it removes the culture of blame.

“Equally, one party only can apply to the court without blaming the other, by simply stating their case that their marriage has broken down irretrievably.

“It’s going to allow clients and family law practitioners to focus on the important issues: the welfare of the children of the family and a fair division of the assets.

“When it comes to issues such as children and money, people find it hard to separate the divorce process from the other issues. Emotions run high, making it difficult for them to focus on what is important.

“Now the main focus will be on the wellbeing of a couple’s children and resolving their financial issues, making the process much easier on a human level.”

The free advice sessions are available on Friday mornings throughout May and anyone interested in speaking to Sophia can call Blythe Liggins on 01926 831231 or email sm@blytheliggins.co.uk.

CAPTION: Sophia Mellor, head of family law at Blythe Liggins in Leamington.

The race to secure a place in the annual Two Castles Run is under starter’s orders.

The event, which has not been run since the beginning of the pandemic, is now scheduled for Sunday June 12 and organisers Kenilworth Rotary say they are now open for applications.

Rotary president Philip Southwell, who also chairs the planning team, said that all those who were successful in registering for the cancelled 2020 run were being given first choice to enter this year.

Leamington solicitors Blythe Liggins have again agreed to be the headline sponsor, which will be the 15th time they have sponsored the run. Senior partner David Lester said: “The charities supported by the runners have been hard hit by the pandemic with most of their main fundraising events cancelled, so it is even more important this year that as many people as possible dig deep to sponsor the individual runners.

“The Two Castles is a hugely popular event, which we are delighted to be giving our support to once again,” he said. The firm will also be entering a team of some 30 runners and will be providing a water station at the finish.

Other sponsors include Hawkesford estate agents, with offices in Warwick and    Leamington.

The 10k race is run between the castles at Warwick and Kenilworth and more than 4,000 runners take part each year. Organised jointly by Kenilworth Rotary and Leamington Spa Cycling and Athletics Club, staffed entirely by unpaid volunteers, it raises more than £100,000 for local and national charities.

Mr Southwell said: “The race attracts people of all abilities from near and far. Each year we have far more people who want to take part than we have places for, which proves just how popular the run is. It is a hugely enjoyable event and a perfect way to raise substantial sums of money for charity. We are so grateful to Blythe Liggins for their continuing support and generous sponsorship.”

To apply for a place, simply go to www.twocastlesrun.org.uk or follow the link on the Two Castles Facebook page.

Caption : David Lester (right), senior partner at Blythe Liggins, with Kenilworth Rotary president, Philip Southwell and Claire Kirwan, a Blythe Liggins partner and head of personal injury and clinical negligence.

Solicitors at a leading Leamington Spa law firm are urging landlords and tenants of commercial properties to work together in the wake of forfeiture restrictions lifting this March.

The Coronavirus Act 2020 was introduced at the height of the pandemic to provide a host of protective measures including to tenants who were not able to pay rent.

The provisions in the act meant that landlords were unable to forfeit or obtain possession of commercial leases for unpaid rent, are restricted in forcing tenants into any form of insolvency and are restricted in enforcing the terms of leases by way of commercial rent arrears recovery.

These rules are set to end next month and Jagdeep Sandher, head of dispute resolution at Rugby Road-based Blythe Liggins, says there are several issues that will remain once those restrictions come to an end.

He said: “It’s no secret that the pandemic created a knock-on effect with so many tenants and landlords around the country, regardless of how big or small they are.

“So many businesses were affected by the forced closures and had seriously impacted tenants’ ability to pay rents.

“As we slowly emerge from the Covid-19 pandemic and the economy returns to a semblance of normality, it is important that tenants and landlords understand and work together to reach amicable and workable solutions.

“In June last year, the government announced a plan for intended ringfencing of rent arrears that were accrued during the pandemic and for a scheme of mandatory arbitration, essentially as a way of ensuring that the pain of the pandemic is shared between landlords and tenants alike. As such, it’s anticipated the Commercial Rent (Coronavirus) Bill will become law by March 25, when the other restrictions come to an end.”

Jagdeep said the act has been massively beneficial in helping keep tenants afloat, but landlords and tenants now need to work together to ensure amicable partnerships continue and properties around the country aren’t left empty.

“It must be noted that any arrears which don’t fall within the ringfenced scheme can be enforced in the normal way. The mandatory arbitration will be binding on the tenant and landlord, so both should act reasonably during the discussions as the outcome of any arbitration may not be as favourable as a negotiated settlement,” he added.

Caption: Jagdeep Sandher, Head of Dispute Resolution at Blythe Liggins in Leamington.

A Leamington Spa solicitors which has gathered a staggering £888,000 in will pledges for Cancer Research is appealing to the public to help it reach £1 million.

Blythe Liggins gives advice and support to people writing or updating a will and through its partnership with Cancer Research, it is now just £112,000 short of reaching £1 million in legacy pledges.

The Rugby Road-based firm is encouraging members of the public to consider leaving a gift to the charity, which funds around a third of its research in this way.

Blythe Liggins has offered the free will service to people in Leamington and the surrounding area for more than 20 years and many choose to leave a gift to Cancer Research when they use the service.

Kayleigh Mullins, who is part of Blythe Liggins’ wills and probate team, said: “Gifts in wills to Cancer Research help fund a third of its life-saving research and we are extremely grateful to everyone who makes the kind offer of a gift in their own will.

“There are amazing projects going on locally and it is great that we can support them. At the University of Warwick, Dr Steve Royle is looking at how our cells divide in minute detail. He’s using powerful microscopes to study the structure and function of molecules involved in this process.

“Having a better understanding of this could lead to new ways to stop cancer forming and to the development of new treatments for cancer, that work by stopping cancer cells dividing.

“We have a long-standing relationship with Cancer Research and the figure of £888,000 pledged to date is truly remarkable. However, we’d love to reach that magic million mark and any gift in a will, no matter how small, will help us along that road.”

For more information on leaving a pledge to Cancer Research in your will, contact Blythe Liggins on 01926 831231 or visit www.blytheliggins.co.uk.

 

A teenager inspired by her mum’s vital work at Warwick Hospital is the deserving winner of our NHS Christmas card competition.

Together with Leamington law firm Blythe Liggins, we asked Courier and Weekly News readers to design a Christmas ‘thank you’ card for NHS workers and join us in making a donation to NHS Charities Together.

Now the festive season is over, we’re delighted to announce Ellie Wall, 18, from Radford Semele, as our winner. She was presented with her prize of £100 by Blythe Liggins senior partner David Lester at the firm’s Edmund House headquarters last week.

Ellie’s mum Debbie works for the South Warwickshire NHS Foundation Trust and seeing the impact of the pandemic on a loved one was the driving force behind her entry.

She is planning to use the prize money for driving lessons, which were hugely interrupted during the pandemic.

Ellie said: “I think the competition is a great idea. The NHS has been under so much pressure and has saved thousands of people’s lives during the pandemic, so it’s our time to say thank you.

“I have seen the stress of frontline workers and heard about the difficult situations my mum has dealt with at work. It must have been a traumatic time for all the staff and I don’t think everyone fully understands what all NHS staff have been through.

“So I would just like to thank you for this lovely idea because it will touch all their hearts and help them all know how grateful we are for their hard work!”

David added: “When we launched this competition, we wanted to ask readers to reflect on the amazing work carried out by NHS staff and other frontline workers, and to consider the sacrifices they have all made during the pandemic.

“Ellie has a very personal connection to this and she is a very worthy winner. Many congratulations to her, on behalf of us all at Blythe Liggins.”

Anyone wanting to make a donation to NHS Charities Together can visit www.nhscharitiestogether/donate.

For more information on Blythe Liggins, call 01926 831231 or visit www.blytheliggins.co.uk.

Resolution started a campaign for the introduction of a no-fault divorce law more than 30 years ago and many involved in the family justice system have been fighting for it ever since. The successful end of the campaign last year meant 2021 was a big year for family law practitioners.

The current law dates back to 1973 and the main argument was that it was outdated, a point of view which has finally been listened to.

Everything will change on April 6 when the new legislation comes into force, incorporating Section 1 of the Divorce, Dissolution and Separation Act 2020 into the current law.

Up until now, couples have had to be separated for two years with each other’s consent, or five years without, failing which they would need to blame the other in order to apply for a divorce. The blame could be assigned through adultery, unreasonable behaviour or desertion.

Now, we have a situation where a couple can approach a court on a joint basis and not blame each other, which will remove the position of Petitioner/Respondent. The intention is that it will assign no blame on either party, with both parties being referred to as the applicants and on an equal footing. Equally, one party to the marriage only can apply for a ‘Divorce Order without blaming the other party, on the basis that the marriage has broken down irretrievably, removing this culture of blame.

The response to the change in the law has really surprised and puzzled me so far this year.

Indeed, we always see a wave of new divorce applications in January. People often think ‘This is it. I am going to do it now’. They may have put it off, perhaps if there are children involved or if there are considerable financial implications, and they eventually take the plunge in the new year.

I expected to see lots of people wait until April but I’ve found the opposite – we are still seeing that the January wave and trends haven’t changed. Most of my clients have said they want to do it now. Only two or three were happy to postpone it until April.

When the change does come in, I think it will be easier for both clients and family law practitioners. We’re not going to need to think about blame and fighting for costs. And from a practical perspective, it’s going to allow clients and practitioners alike to focus on the important issues: the welfare of the children of the family and a fair division of the assets.

Legal professionals are really welcoming the change for the reason that couples will no longer be fighting for no real benefit. This will enable us to focus on the important issues and deal with them as amicably and cost-effectively as possible.

When it comes to issues such as children and money, people find it hard to separate the divorce process from the other issues, for example if one party is accusing the other of unreasonable behaviour. Emotions run high, making it difficult for them to focus on what is important.

Now, we should have a situation where no party is blaming the other and we are all working together. There should be fewer disputes and costs in respect of the divorce are likely to be equal on both sides, so it’s much easier on a human level.

Historically, the party making the application also faces the burden of legal costs, although a claim for costs is available within the divorce suit. So, removing that issue benefits everyone. What is really important in a divorce, in my view, is the wellbeing of a couple’s children and resolving their financial issues.

As legal practitioners, we are so used to dealing with the law as it is. I have been practicing family law since 2007 and campaigners have been trying to change the legislation before I even started practicing. It will be a big change for me, like everyone else, but I don’t anticipate that it will make our practice too different. The main thing will be focusing more energy on children and financial remedies and less energy on the actual basis for the divorce.

I think with less litigation and removing the ‘s/he said, s/he said’ element of the process, we are much more likely to achieve a positive result. I hope that it will result in a less negative experience overall, and I think it should be good for practitioners because, hopefully, when people see a family solicitor, they will associate less negativity with this part of the process.

Sophia Mellor, Prinicpal Associate in the Family Department.