Member News

Steeles Law has recruited a newly qualified Solicitor and two Trainee Solicitors to the firm’s established commercial teams.

Robert Hickford, a Trainee Solicitor with the Norwich, Diss and London based solicitors since 2011, has qualified into the Employment team. Robert studied Law at the UEA, before completing his Legal Practice Course (LPC) with Nottingham Kaplan Law School, at their London campus.

Arwa Salman will be offering support to Steeles Law’s Company Commercial and Dispute Resolution teams as a Trainee Solicitor. She studied History and Sociology at the UEA before completing the Graduate Diploma in Law (GDL), also at the UEA, and her LPC at the College of Law (London Bloomsbury). James Hopgood will be working in the firm’s busy Employment team, alongside Robert and his colleagues. James studied for Bachelors and Masters Degrees in Law at Durham University, before completing his LPC with BPP at their Cambridge campus. He has also gained experience as a volunteer adviser with the Diss, Thetford and District Citizens Advice Bureau.

Stephen Drake, Managing Principal at Steeles Law, commented: “We are delighted to welcome Arwa and James to the firm, and offer our congratulations to Robert on his qualification. As a firm we are committed to identifying young legal talent and particularly value our links with local educational institutions, which enable us to achieve this.”

OCTOBER NEWSLETTER

Employment Tribunals are increasingly a fact of life for HR professionals since they were introduced in the early 1970s.

They were originally set up as an “industrial jury” to resolve workplace disputes quickly and informally. My older colleagues refer to the days when tribunals used to hear five or more cases in a single day and tell of a simple, quick and common sense process. However, employment law has moved on apace since then and many tribunal hearings now last several days and the law is becoming ever more complex.

By 2011 business groups like the CBI and the British Chamber of Commerce lobbied the government to reform a tribunal system which they saw as “broken” citing problems including:-

• Too legalistic an approach
• Vexatious and spurious claims
• Long delays for cases to be resolved
• Pressure on employers to settle weak claims in order to save costs

In 2011 the current government consulted over reforms to the tribunal system as part of its Red Tape Challenge. They sought views on how to:

• achieve more early resolution of workplace disputes so that parties can resolve their own problems, in a way that is fair and equitable for both sides, without having to go to an employment tribunal;
• ensure that, where parties do need to come to an employment tribunal, the process is as swift, user-friendly and effective as possible; and
• help businesses and social enterprises feel more confident about hiring people.

Following the consultation the Government reviewed the law and the tribunal system. The Business Secretary Vince Cable referred to the Government’s underlying aims as to address concerns including:

• “the employment tribunal system, which employers have told me time and again is far too costly, and time-consuming, and complex”
• “If you are a very big company you can afford the dedicated and expensive HR personnel to deal with cases that arise. But for small business owners, it means days dealing with it themselves personally – valuable time lost from running and growing their company.”
• “….. workplace disputes are increasingly being settled through tribunals – over 200,000 claims last year. We are in danger of getting away from the principle that they should be the last resort, not the first option. But there is a widespread feeling it is too easy to make unmerited claims – and that the whole system militates against early resolution of disputes through dialogue rather than confrontation.

This review took place against a backdrop of austerity measures when the business climate was poor and we were still striving for a recovery. The perception was that this “red tape” had to be removed as one of the ways to kick-start our economy.

2013 has seen the fruits of that review with the introduction of many of the more significant changes resulting from the Government’s review.

Trade Unions like Unite have responded angrily to the changes referring to them in the following terms:

• “Massive changes to employment tribunals made by the government mean that access to workplace justice could be denied to millions and now comes with a hefty price tag. The changes are designed to stop working people seeking compensation from employers.
• “Unite has always argued that workplace rights should start from day one, but the government has listened to bosses who want to be able to sack workers at will.”
• “This is a cynical hammer blow designed to make it as difficult as possible to lodge a tribunal claim, and a massive attack on people mistreated at work.”

It is too early to tell where the balance lies and whether the concerns outlined at the outset of this article will be addressed by these changes. However, just what has provoked such an angry response? The changes include:

Qualifying Period for Unfair Dismissal Last year the qualifying period was increased so that in most cases an employee needs to have worked for their employer for two years before they can bring a claim for unfair dismissal to an employment tribunal.

Tribunal Fees Since their creation employment tribunals have been free for those using them. Unlike the courts no fees were payable to bring a claim. However, from 29th July 2013 a person wishing to bring an employment tribunal claim will have to pay a fee of either £160 or £250 to bring their claim. The level of fee depends on the type of claim being brought. A further fee of either £230 or £950 is payable for the case to be heard at a tribunal hearing. Those on low incomes can apply for the fee to be waived but many predict that this change will dramatically reduce the number of claims.

Protected conversations Legislation now allows employers to have discussions with employees about terminating their employment without an employee being able to refer to what was said in those discussions in a later tribunal claim. The aim is to provide employers with the freedom to talk more openly about reaching a severance agreement without fear of their conversations being used against them in tribunal

Changes to the Tribunal Rules. Possibly one for the lawyers this one. The tribunal rules of procedure have been given a complete overhaul with the old rules being scrapped and entirely knew set of rules drawn up. Some of the features of the new rules include rules to enable:

• Greater emphasis on using mediation and other alternatives to using the tribunal
• More consistency between different tribunals with guidance being issued as to how to approach certain issues.
• Weeding out weak claims at an early stage with a “sift stage” at the outset with greater scrutiny of claims by employment judges at an earlier stage (including rejection of claims in certain circumstances)
• Increased emphasis on Employment Judges managing cases and hearings in a more streamlined way
• Increased powers to award costs against those who behave unreasonably or make unreasonable claims or arguments

Employment Tribunals can be stressful, time consuming and expensive. Employment law experts from Cozens-Hardy LLP will be focussing on how to survive them in the forthcoming HR Forum which is taking place at Dunston Hall on 13 November 2013, from 2pm. This seminar aims to take the delegates through the tribunal process from beginning to end. The aim is to de-mystify the process, to prepare delegates for what to expect and to provide practical tips on how to survive unscathed. The delegates will also have the opportunity to view and participate in a mock tribunal hearing and to put questions to experienced employment lawyers.

Since it is going to brighten up this weekend and be nice and warm we thought it might be nice to offer one last chance to get away before the Winter sets in… come and stay with us this weekend for just £50 a room for 2 people sharing! Call us to book before 8pm tonight to get this amazing deal! Call now on 01603 741161 or email [email protected] Last Minute Cheap Hotel Deal for Norwich Norfolk

There will be lots of special offers and hotel deals available throughout October so keep your eyes on our latest News!

The Child Maintenance and Other Payments Act 2008 (Commencement No 11 and Transitional Provisions) Order 2013 (SI 2013/1860) came into force on 29 July 2013.

The Order brings into force provisions of the Child Maintenance and Other Payments Act 2008, which apply new rules for calculating child support maintenance to certain applications made on or after 29 July 2013. Therefore, the new Child Maintenance Service (CMS) opened on 29 July 2013 to new applicants with two or more children.

The new and improved statutory service, which calculates and arranges financial support for children living in separated families, will gradually replace the Child Support Agency (CSA). The CMS is designed to be a safety net for difficult cases where parents are unable to work things out between themselves.

Once the CMS is fully up and running, all separated families currently in the CSA will be given a fresh start as their cases are gradually closed. They will be offered help and support to come to their own financial arrangements.

The CMS is designed to target the most difficult cases. It will be able to use new enforcement fines to encourage parents to pay what they owe. The new service will also charge a small upfront fee and have ongoing collection charges for both parents to encourage collaboration. Parents can avoid the ongoing collection charges altogether by opting to use a service called Direct Pay.

CSA will gradually close from next year over three years, as parents are given the chance to work things out between themselves.

Under the Government’s proposals, the CMS will begin to charge a £20 application fee, once the service is fully up and running. There will also be a 20% collection charge for non-resident parents on top of their calculation and a 4% charge on payments for parents with care of the child. These ongoing charges can be avoided if parents opt for Direct Pay, where parents pay each other directly at arms-length from the CMS. If payments stop, the CMS will step in and enforce payments.

For further information on children matters please contact our family team.

Leathes Prior is delighted to announce Sabina Haag qualified as a Solicitor on 1 October, after finishing a two year training contract with the firm. Having joined Leathes Prior as a Trainee Solicitor in September 2011, her training has covered a wide range of areas including Employment, Corporate and Dispute Resolution. We are very pleased that Sabina has accepted a permanent position as a Solicitor providing valuable support to our busy Dispute Resolution team.

Sabina is originally from Sweden, where she attended the Scandinavian Aviation Academy and gained a Commercial Pilot License at the age of 18. She spent a year working and travelling around Australia before moving to England. Sabina graduated from the University of East Anglia with a 2:1 law degree in 2010 and completed the Legal Practice Course in Cambridge gaining a distinction.

Leathes Prior Managing Partner Mike Barlow, who heads the firm’s Dispute Resolution team, said: “Sabina has made a valuable contribution to the team and her efforts have been much appreciated by her colleagues and clients. I am sure that Sabina has a very bright future ahead of her and I look forward to seeing her career develop. As ever, the firm is committed to ensuring that we recruit Trainee Solicitors of the highest calibre and I believe that the fact that so many of our Partners, Associates and Solicitors trained with the firm speaks volumes for the training and support we are able to provide.”

A local financial seminar hosted by Alan Boswell & Company the Financial Planning division of Alan Boswell Group, attracted over 100 guests from across East Anglia. The company, one of the largest independent Financial Planners in the region, held the event as a thank you to their clients. The evening was hosted by Anglia news presenter Jonathan Wills and included a motivational speech by Sally Kettle, the first woman to row the Atlantic Ocean twice. Organised in conjunction with investment management firm, Brewin Dolphin, the seminar also provided clients with an assessment of the current international and UK economic conditions.

The event was held at the Top of the Terrace at Norwich City Football Club and promoted the work of local charity Big C, Alan Boswell Group’s staff charity of the year. Guests heard first-hand about the work Big C do and the challenges of securing funding, in a speech from chair of cancer genetics, Colin Cooper who works with the charity. Attendees also helped raise further funds on the evening with a raffle. Top prizes donated by Alan Boswell & Company and Brewin Dolphin included football and theatre tickets, champagne, a hamper and signed NCFC shirt. Over the last decade the Alan Boswell Group has raised over £39K for Big C.

John Whitehead, managing director of Alan Boswell & Company, said: ‘”We are proud to be able to host an event which supports a great cause such as Big C but also supports our clients with valuable information about the economic market conditions and what factors may affect their future investments.

‘It was extremely interesting to hear from Colin Cooper about the ground breaking research they are able to undertake in the fantastic facilities we have in Norfolk’.

Find out more about Alan Boswell & Company Financial Planners visit www.alanboswellgroup.com Find out more about Brewin Dolphin www.brewin.co.uk

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I came back from the Lincolnshire Food Festival full of energy, the event was fantastic and spending time with Levi Roots was great. I have also been made Business Professor at the Grimsby Institute. I am looking forward to embrace Norwich and Norfolk and do the same here….Contact me, I would love to hear from you.

I came back from the Lincolnshire Food Festival full of energy, the event was fantastic and spending time with Levi Roots was great. I have also been made Business Professor at the Grimsby Institute. I am looking forward to embrace Norwich and Norfolk and do the same here….Contact me, I would love to hear from you.

The 2013 edition of the Legal 500, considered to be the leading independent guide to the legal profession, was released on 25 September with an unprecedented set of results for Leathes Prior.

The rankings show Leathes Prior now have three top tier practice areas, with Immigration and Debt Recovery joining Sport and in addition there are a further 14 areas in the East Anglian second tier, quite an achievement and reflective of the quality and level of service provided. The past 12 months have again proved exciting times for the firm as it continues to grow and excel in delivering legal services through its traditional core commerical and private-client services together with the range of innocative niche specialisms.

Key highlights from the 2013 edition include:

The Sports team, given a first tier ranking, continues to thrive as its boutique offering ‘Full Contact’ has a national following, and is praised for its ‘exceptional customer service’; Dan Chapman is an ‘amazing individual with outstanding knowledge’.

Debt Recovery also excelled with a first tier ranking, Darren Bowen’s team at Leathes Prior is valued for its ‘very attentive service, sound advice, and clear timescales’. Mike Barlow ‘impresses with his tactical and commercial flair’, and the ‘calm, collected, enthusiastic and driven’ David Richards also stands out.

In addition, Immigration receives a first tier ranking largely due to Tim Cary, who regularly sits as a judge in immigration cases, and is ‘excellent, with a robust but considered approach’.

The Corporate and Commerical team is ranked highly, with clients reporting ‘superb responsiveness, care, diligence, integrity and business acumen’ of Leathes Prior’s Paul Warman, Peter Sheppard and ‘rising star’ Richard Guthrie.

Within Commercial Litigation, Leathes Prior’s Mike Barlow is ‘efficient and responsible, providing sensible commercial advice’, and Darren Bowen ‘doesn’t miss any points and gives excellent advice’.

The firm welcomes a new ranking for Education, showing the team going straight into the second tier. The ‘responsive’ Mike Barlow, ‘outstanding’ mediator Martin Plowman and rising star Polly Langford are central to Leathes Prior’s schools team.

Within Intellectual Property, Leathes Prior’s team is built around IP expert Jonathan Chadd, and includes Mike Barlow, who has ‘extensive experience in franchising and licensing’. Rising star Kitty Rosser is also recommended.

Employment rightfully ranks highly, thanks to the ‘effective and efficient’ Dan Chapman who is said to have ‘exceptional knowledge and business acumen’; superbly supported by ‘authoritative and practical’ colleagues who provide ‘consistently good advice’. The firm’s innovative web-based ’employmentor’ service is ‘unrivalled in its value for money’.

Within Personal Tax, Trusts and Probate, Leathes Prior delivers ‘outstanding service with coherent advice’. For the administration of high-value estates and trusts, Hazel Gill is ‘second to none for speed and standard of work’. Also recommended are the ‘timely and approachable’ Tessa Bonser and William Riley, who provides ‘advice of the highest quality’.

Within the Regulatory and Defence field, ‘outstanding’ lawyer Tim Cary is a nationally recognised expert. The firm has a nationwide presence for motoring offences through its ‘Traffic Lawyers’ brand. Tim is also described as ‘robust and experienced’ leading a team that is ‘outstanding, and very attentive: they have an intuitive edge’. The practice ranges from minor offences to serious bribery, money laundering and corruption matters.

Within Insolvency and Corporate Recovery, the ‘practical and calm’ Adam McCaw is praised, and in Agriculture and estates, Leathes Prior’s ‘pragmatic’ team draws on the vast experience of Rob Sibley, William Riley, Darren Bowen, Paul Oldershaw and rising star Chris Hoxley.

In the field of Charities and not-for-profit, ‘the level of service is excellent’. William Riley’s team includes Hazel Gill and Tessa Bonser, who are ‘supportive and helpful’.

The firm’s Family team is said to be ‘prompt and proactive, and explains the options clearly’. Alisdair Douglas is ‘very knowledgeable, and guides clients through the process in a caring way’. He is one of Norfolk’s leading lawyers for complex divorce and Children Act matters.

Within Commercial Property Rob Sibley leads a ‘results-driven’ team at Leathes Prior whose standout recent work includes advising on a long-term lease of airport premises, worth £30m over its term. Chris Hoxley is a rising star.

We have been donating Off cuts of Rohacell to educational programmes for the past 13 years. Wymondham High School is just one of the many schools we have donated to along the way. We would like to say thank you to them for the mention in the latest issue of their school magazine! Check it out!