What the Proposed Changes to the UK Equality Law Mean to You
By Iain Mackintosh
Last week, Harriet Harman announced new equality laws to tackle widespread discrimination. Under these new plans, age discrimination would be removed from all aspects of society, and further changes would be made to prevent workplaces from discriminating against minorities. There is also room for ‘positive action’ that allows business to hire women or minorities without fear of legal action if the candidates are equal in terms of ability.
But how do these changes to the equality law differ from how we act now?
What is actually so different?
The main points of the proposed bill are that:
- Business will be allowed to discriminate in favour of ethnicities and genders underrepresented in their place of work if interview candidates were of equal ability.
- Clauses in contracts that prevent staff discussing their wages with colleagues will be scrapped.
- Age discrimination laws will be widened to encompass the world outside the workplace.
There are also proposals on the table to make public bodies publish the pay gap within their organisations.
Why is the new system being introduced?
The new discrimination laws are being proposed in order to make a more balanced workforce in Britain, hence employers will be able to discriminate in favour of one group ahead of another given two equally matched candidates to diversify their work environment (contrary to tabloid implication, this actually works both ways, and a predominantly female office would be allowed to discriminate in favour of a male candidate).
The section affecting the wages of companies is being included to try and reduce the massive pay gap between men and women on business contracts. Although the gap has narrowed in recent years according to official figures, on average women still only earn 87p for every £1 that men earn. One of the statistics that Harriet Harman has used is that female part-time workers earn up to 40% less than their full time male counterparts. By making companies more open about their wage structures, it is hoped that the gap will close naturally.
Finally, the laws affecting age are aimed at tackling the discrimination people feel based on their age in their daily lives.
Isn’t discriminating against age already illegal?
While workplace age discrimination has been legislated against since 2006, the proposed new equality laws are intended to tackle wider forms of ageism. This is planned to tackle the often costly discrimination that pensioners face in their daily life, from high insurance premiums to doctors putting illnesses down to their age and refusing treatment.
What are the main caveats of the new law?
The important things to bear in mind when thinking on the prospective changes are:
- Firms may be forced to publish pay rates
- Positive action is only an option in interviews where candidates are equally matched and will not be compulsory in any event.
- Some areas will likely be exempt from the age discrimination laws, such as free bus passes for the elderly and holidays for the over 50s and 18-30s.
Given the uproar that’s been made against the positive action section of the bill, it’s not guaranteed that every part of the bill will ever become law. Even if it does become law, it’s almost impossible to put a stop of workplace discrimination, because you can’t know with any certainty what an employer’s reason for passing over a candidate is. For most of us, this legislation will mean very little to our business contracts, and we can carry on picking the best candidate for the job regardless of gender, ethnicity, sexuality or age.
Iain Mackintosh is the managing director of Simply-Docs. The firm provides over 1100 business contracts covering all aspects of business from holiday entitlement to non-disclosure agreements. By providing these legal documents (with content provided by leading commercial lawyers, HR and health & safety consultants) at an affordable price, the company intends to help small businesses avoid costly breaches of regulation and legal action.
Courtesy: Local Solicitors | Article Source: http://EzineArticles.com/?expert=Iain_Mackintosh
*****************
Personal Injury Claims Glossary of Terms
By Rich Bendall
Definitions and explanations of terms commonly associated with making a Personal Injury claim in the UK.
Advocacy
Advocacy is the official term for when a solicitor or barrister acts on the behalf of a client in a court of law.
Barrister
A barrister is a member of the legal profession who specialises in representing clients in court.
Burden of Proof
In Personal Injury claims the burden of proof rests with the claimant. It is up to the person making the claim to prove that the alleged responsible party was at fault for the injuries caused.
Claim
A claim occurs when a person demands financial compensation for injuries that have been suffered and for any subsequent loses e.g. loss of earnings etc
Counter Claim
A fairly uncommon situation in personal injury cases where the defendant (person being held liable) makes their own claim against the injured party in response to their legal action.
Damages
The financial reward received by a person who has made a successful personal injury claim.
Duty of Care
Duty of Care is a person’s responsibility to act in a way that is not likely to cause harm to others. If the actions of an individual or group are not made with due care and attention their actions are considered negligent.
Fast Track
In the English and Welsh legal system fast track cases are claims for compensation of between £1000 and £15000. The majority of personal injury claims are covered by the fast track system.
Interim Payments
In some personal injury cases a proportion of the damages may be paid out before the claim is officially settled. These interim payments are deducted from the final amount of compensation awarded.
Legal Aid
Legal Aid is a public fund that enables people to use legal services that they would otherwise have been unable to afford.
Negligence
Negligence occurs when there has been judged to have been a breech in a person’s duty of care. For a successful personal injury claim the claimant must prove that their injuries were caused as a result of the negligence of the defendant.
No Win No Fee
A legal system that forms the basis of the majority of personal injury claims in which if the injured party is not successful in their claim then they will not be asked to pay any legal fees.
Solicitor
A solicitor is a qualified individual that provides a range of legal advice to clients in the UK.
Success Fees
The fee that a solicitor is entitled to claim if they are successful in a personal injury case.
JMS are a firm of personal injury solicitors based in Manchester, UK. Visit our website to find out more about making a personal injury claim.
Article Source: EzineArticles.com/?expert=Rich_Bendall
********************
Consult Child Support Lawyers in Children-Related Legal Issues
By Sridhar Duncanlewis
Frightened by the prospects of meeting a lawyer? It is quite a daunting task for many people to approach the right lawyers for their cases. The parameters for consultancy, fees, expertise and the gender generally appear to be mixed up for most people. Increasingly, the needs for assistance of child support lawyers are gaining importance. As legal decisions influence the lives of young children in the family, every parent looks for the best child support lawyers.
As people from different countries consider migration to the UK, they rarely
know what could hit them when they require Child Custody Lawyers for consultation. Of course the Internet provides many firms dealing in child custodial issues. But how will parents agree what is best and make the child feel comfortable? With the increase in ethnic groups in UK, and English language still a barrier for many, complex legal issues can arise from time to time. The Duncan Lewis firm started in 1998 and caters to many complex legal issues. It has been growing steadily, as clients find comfort levels high and prefer their professional services.
Preparing to meet the lawyer is important and with the right testimonials, a child support lawyer can be approached from this law firm. The firm is well versed in the UK laws and specializes in dealing with child custodial issues. Having technical knowledge to help our clients is a vantage point for the law firm. With effective communication more than half the case is won. The firm provides expert child support lawyers who have handled complex cases successfully. Once you have been able to explain your problem, they will able to guide in the right direction. Right from the filing of the application to hearing to the logical conclusion the child support lawyer will be in charge. In UK, biological parents still have to pay for child support even if they have other guardians. Different jurisdictions may have different laws, but an effective child support lawyer will be able to put up the case confidently. One can also take help of child support agencies if required.
Sridhar is an experienced writer with expertise in Child Care Law, Child Support Solicitation and other Legal Services in London.
Duncan Lewis is the largest law firm that caters for Child Support, Child Custody laws, Family Law, child custody and child abduction laws. Find child support lawyers, child custody lawyers and child custody attorneys among many other specialist lawyers. This London based firm has a large and enthusiastic staff to help with any hurdle that may be encountered. Find knowledgeable child support lawyers to get you justice.
Article Source: EzineArticles.com/?expert=Sridhar_Duncanlewis
********************
Conditional Fee Agreements and Personal Injury Solicitors
By Nicholas Jervis
Conditional Fee Agreements - What Do They Mean To You?
Conditional Fee Agreements were introduced when the right to receive legal aid was removed from personal injury claims. Realising that the removal may cause uproar with the public the Government was keen to introduce some form of protection that would allow accident victims to make a personal injury claim without having to spend thousands of pounds to do so. The Conditional Fee Agreement was the result.
No Win No Fee Agreements?
Conditional Fee Agreements (CFA) are often referred to as “No Win No Fee Agreements”. This is not their correct name. A CFA is a legal document that allows you to make a personal injury claim on the basis that you do not have to pay legal fees as the claim continues, but that you are expected to pay them when the claim finishes. However, what happens at the end of the claim if it is successful is that the solicitor is entitled to recover his charges/costs from the other person’s insurance company as well as claiming your compensation. If you lose the claim the CFA being in place means you do not have to pay any costs (that is the No Win No Fee part).
Why Should You Sign One?
The CFA is a long and ultimately dull document to read, but without it a solicitor cannot recover their costs from the other side as there will be no legal entitlement to do so, and if they can’t be paid for their work they are unlikely to take a personal injury claim on. Hundreds, probably even thousands, of Conditional Fee Agreements are signed every day without any problems. Whilst it would be preferable for the agreement to be shortened considerably, ultimately it is just one of those documents that is needed in today’s personal injury claims world. The upside to signing a conditional fee agreement is that you can make your personal injury claim, receive your compensation (all of it if you are using an ethical claims company and solicitor) and the solicitor will be paid for all of the time spent working on your case by the insurance company. If you do not sign it, a solicitor is very unlikely to be able to help you.
Nicholas Jervis is a personal injury solicitor (non-practising) and a director of 1stClaims.co.uk, a claims company which connects innocent personal injury and medical negligence victims with expert personal injury and medical negligence solicitors at no cost to the individual. Read more about Conditional Fee Agreements?
Article Source: EzineArticles.com/?expert=Nicholas_Jervis
*******************
Will the Credit Crunch Close Down Conveyancing Solicitors
By Wayne Kevin Roberts
There was an interesting story on the radio the other day about the effect of the credit crunch on Estate Agents. The DJ then went on to say “Just to think, there are now thousands of Conveyancing Solicitors sat around twiddling their thumbs.” He then delivered the punch line “No change there.” What was surprising about this was that although it is common knowledge that the Credit Crunch is taking its toll on Estate Agents, its effect on Conveyancing Solicitors is something we very rarely hear about.
The sad fact of the matter is that law firms can not afford to pay Conveyancing Solicitors or any other member of staff to be sat around twiddling their thumbs. Since the start of the Credit Crunch in September 2007 there are now less than half the number of conveyancing transactions and therefore less than half the amount of work for Conveyancers. Every conveyancing firm has been affected by this. Some firms have been able to transfer staff into other departments however many have had to make redundancies. Last month the Law Society Gazette reported that recruitment agencies were becoming inundated with Conveyancers and Conveyancing Solicitors who had been made redundant.
Up until August 2007 Conveyancers were in great demand which was reflected in their remuneration packages. However, many are now being made redundant, suffering pay cuts or faced with extremely poor job security. It is difficult to recall in recent times any other trade or profession to be devalued by so much in such a short period. It is not just the staff employed in the profession who are suffering but those who have spent years training to become Conveyancing Solicitors or Licensed Conveyancers, many now find the skills they have obtaining are practically worthless.
Many Conveyancing Solicitors Firms are in a fortunate position of being able to downsize. However, many smaller solicitors offices and sole practitioners who are entirely dependent on conveyancing work are unable to take such action. They now face a difficult decision as to whether or not it is worth carrying on or closing down. Very few Solicitors have closed down so far. The reason for this is that they have insurance until 30th September 2008. However the cost of insurance for conveyancing firms is set to increase considerably as it is predicted that the drop in house prices will cause more negligence claims against Conveyancing Solicitors.
The problem is compounded by the introduction of Home Information Packs (HIPs) in August 2007. Their aim was to speed up the Conveyancing process, however their effect has been to put the commission of the HIP into the hands of the selling agent. They are now able to direct the client as to who should be preparing the pack and therefore influence which Solicitor carries out the Conveyancing. Many Conveyancing Solicitors now find it difficult to determine to what extent they have lost their work as a result of the credit crunch or due to the Introduction of HIPs.
Conveyancing Firms also face another obstacle from what is known as ‘run off’ insurance. This is an additional insurance premium that a Solicitors Office must pay if they close down without a successor practice. Nobody wants to buy or take over a conveyancing firm at the moment! The run off premium is usually between 200 - 225% of the initial premium. By way of an example:-
A Conveyancing Solicitors firm paid their indemnity insurance premium of £20,000 for October 2007 to September 2008. If they wish to close down before 30th September 2008 they will have to pay an additional ‘run off’ premium of £45,000. This would be quite an incentive not to close down but to continue trading. However, reports suggest that their insurance premium will increase by at least 25% which would mean that they would have to pay £25,000 to insure between October 2008 and September 2009. To compound matters nearly all predictions are for the housing market to continue to slow down and therefore increase the chances of them closing down next year. They would then have to pay a ‘run off’ premium of 225% of the higher premium. In this example the solicitors firm would have to pay an additional £56,250 ‘run off’ insurance premium on top of their £25,000 premium should they close down next year. A rather worrying £81,250 in total.
The true effect of the credit crunch on Conveyancing Solicitors is not yet known. On 1st October 2008 it will be interesting to see exactly how many have decided to run the risk of trading for another year and how many Solicitors Firms close down.
Wayne Roberts LL.B Hons
Wayne Roberts is the owner and founder of Roberts Solicitors and Online Conveyancing Solicitors Read the original article and others at the Online Conveyancing Solicitors Property Advice Centre
Article Source: EzineArticles.com/?expert=Wayne_Kevin_Roberts
The content and materials provided in this web site are for informational and educational purposes only and are not intended to supplement or comprise any precise facts, although we have researched sufficiently for the facts and information to be reasonably accurate. All content and materials including research papers, case studies and testimonials summarizing facts have been done by individuals working for this website. We cannot be held responsible for any inaccuracies, as we have described that information is for educational purposes and therefore maybe a few weeks old.
