What is a Settlement Agreement?

A Settlement Agreement is an agreement used to settle employment claims which you may have against your employer.

Normally, employment is terminated under the Agreement and a financial package is offered to you, in return for settlement of your claims.

There will usually be other clauses in the Agreement, e.g.

  • your employer promises to provide an agreed reference about you
  • neither party will make derogatory comments about the other and
  • both parties will keep confidential the existence of the Agreement and its terms.

Independent legal advice

If you are offered a Settlement Agreement which you wish to sign, you will need to take independent legal advice on its terms.

Your employer will normally pay a contribution towards your legal costs for this advice.

If you come to us, we will advise you on whether you are getting a fair deal, bearing in mind the value of your claims and entitlements. In some instances, we may be able to achieve a better deal for you, by negotiating on the terms with your employer.

Can only the employer make an offer of a Settlement Agreement?

Usually, it is the employer who makes an offer of a Settlement Agreement. However, if you want to broach the possibility of entering into a Settlement Agreement, we can approach your employer about this, on your behalf.

What are the advantages of entering into a Settlement Agreement?

Some of the advantages of a Settlement Agreement are that:

  • it is usually quicker and cheaper than making a claim in the Employment Tribunal and
  • you have a predictable outcome, compared to initiating Employment Tribunal proceedings.

If you need any help, please give Julia Woodhouse a call on 01926 831231 or email her at jhw@blytheliggins.co.uk.

The above does not provide you with advice.

Sophia Mellor, head of family law at Blythe Liggins Solicitors, gives her advice on the options available if festive parenting arrangements with a former partner are becoming problematic

Christmas is the most wonderful time of the year but, for those who co-parent with a former partner, it can be fraught with anxiety around access arrangements.

Both parents will be looking forward to spending quality time with their children at this special time of year.

But, if you’re the resident parent – the one who the child or children live with most of the time – and there have been previous disputes about childcare arrangements with the non-resident parent, this can be stressful and cause you difficulty in your own arrangements. It may be, for example, that they are now stating that pre-arranged and agreed collection times no longer work for them and are requesting changes.

Faced with having to alter your own arrangements to fit in with the other parent and their requests – rather than having a discussion and your own arrangements being considered – it can be tempting to consider simply cancelling the whole thing.

However, that cannot be the right approach and you must continue to focus on your children and their wishes and feelings. They would have been looking forward to spending time with their non-resident parent and this may well be the first proper break they will enjoy with them since the summer holidays.

If the arrangements have been disrupted again because of your ex-partner, perhaps you could leave it until the new year to resolve the issue, once and for all, by entering into a proper agreement.

This would set out the arrangements for Christmas and New Year, as well as other relevant times of the year, so that next year you are not in the same position again.

If an agreement does not work, you may wish to consider seeking advice from a specialist family law solicitor. With their help, you can approach the court for an order which would ensure clarity and, most importantly, stability in the arrangements for your children.

That way, everyone will know what to expect and the children can look forward to seeing both of their parents when next Christmas arrives.

Whatever your situation, remember that Father Christmas can visit different homes in the same night or on different nights, and that it is all about the magic for your precious children.

CAPTION: Sophia Mellor, head of family law at Blythe Liggins Solicitors, Leamington Spa

 

After the disruption to all forms of socialising caused by COVID, the Office Christmas party of 2022 is long awaited. With that anticipation (and a dose of alcohol thrown in), will staff be more likely to “throw caution to the wind” and overstep the boundaries at the event?

When people “let their hair down”, their conversations and behaviour can become less guarded; what one person may deem to be a joke or a friendly hug, another can perceive to be discrimination or harassment.

If you treat someone less favourably because of a protected characteristic (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, sex, sexual orientation religion or belief), this is discriminatory. Claims for harassment can also arise if the harassment is related to a protected characteristic.

There can be repercussions from the Office party which all parties would prefer to avoid: grievances raised; disciplinary proceedings instigated; and in the worst cases, Employment Tribunal claims launched on the basis of events at the party.

Employers will be liable for any discrimination or harassment which is carried out by staff in the course of employment. In most instances, the Office party is likely to be treated by the Employment Tribunal as an extension of the workplace (even when it takes place at an external venue) and employers will be liable for the actions of their staff.

Employers can seek to protect themselves from such claims by ensuring that they have an Equal Opportunities policy in place which outlaws discrimination and harassment, they train staff on in it and deal with any allegations appropriately. A reminder to staff before the party takes place regarding what behaviour is unacceptable and the potential consequences of it would not go amiss.

Employees should also bear in mind that they can be individually named as a party in any Employment Tribunal proceedings (as well as their employer) if allegations of discrimination or harassment are made against them.

Enjoy the party but don’t start 2023 with a HR hangover!

Caption: Julia Woodhouse, Employment Law Solicitor.

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

We are looking for an ambitious graduate to join us for a two-year training contract to start in September 2022, leading to a career as a qualified solicitor. This is an excellent opportunity for a motivated, aspiring solicitor to join a highly reputable firm that has a fantastic reputation for offering a first-class legal service.

The successful applicant will gain experience in a wide range of specialties, from private client to commercial, dispute resolution to employment, personal injury to clinical negligence and family to conveyancing. We will ensure that you are given a mix of contentious and non-contentious seats, aiming to provide you with a broad spectrum of experience so you can really get to know which area of law you want to specialise in. Alongside developing your technical skills, we also place emphasis on the additional skills you will need as a solicitor, such as marketing, financial knowledge and networking, ensuring you gain a strong foundation for future success in your legal career.

Beyond the 2 years, our goal is to retain our trainees as the potential future leaders of the firm, so we really invest our time in you to ensure that you emerge as a first-class solicitor, enthusiastic, confident and ready to embark on a successful legal career!

We pride ourselves on being friendly and approachable: from the senior partner to the office junior, we believe in communication and collaboration and very much working as a team. Everyone at Blythe Liggins is important and, if you are willing to give 100%, your hard work and loyalty will be re-paid.

If you would like to be considered for this exciting opportunity, please send a copy of your CV and covering letter to Jill Starkey at jms@blytheliggins.co.uk by 22nd July 2022.

 

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.

Partner and Head of the Personal Injury and Medical Negligence Department, Claire Kirwan, was delighted to be invited to St Mary Immaculate Catholic Primary School in Warwick to take part in their ‘Aspirations Day’.

“I had to talk to the children about being a solicitor and what is involved with my day-to-day job. I explained how long it took me to qualify and what I love about the area I specialise in. The children were so well-behaved and asked some fantastic questions!”

Partners and solicitors at the firm have a long tradition of visiting schools to talk about careers in the law and have hopefully helped inspire and enthuse a future generation of lawyers!

CAPTION: Mr Gargan, Headteacher of St Mary Immaculate Catholic Primary School, with Claire Kirwan of Blythe Liggins.