by Saqib Khan | Mar 18, 2025 | Business, General, People
The current UK law on bereavement leave offers no statutory right to paid time off following the death of a close family member. While many employers offer compassionate leave as part of their employment contracts, there’s no legal obligation to do so, and the specifics of such leave (duration, pay, etc.) vary significantly.
Now, a cross-party group of MPs is calling for a significant change: extending paid bereavement leave to include miscarriage.
This blog post explores the current legal landscape, the proposed changes, and what this could mean for UK employers.
The Current Legal Position on Bereavement Leave
As mentioned, there’s no statutory right to paid bereavement leave in the UK. Employees are entitled to time off for dependants in certain emergency situations, such as when a dependant falls ill or dies. However, this is unpaid leave and often limited in duration. Many employers offer compassionate leave, but this is a contractual right, not a statutory one, meaning the terms are determined by individual company policies.
The Campaign for Miscarriage Inclusion
A growing campaign, supported by MPs from various parties, is advocating for a legal entitlement to paid bereavement leave that specifically includes miscarriage. The argument is that the emotional and physical impact of miscarriage can be profound, and that women (and their partners) should be given adequate time to grieve and recover without the added pressure of returning to work prematurely.
This campaign highlights the often-overlooked emotional toll of miscarriage. Many women experience significant grief and trauma following a pregnancy loss, and the lack of formal recognition of this loss can exacerbate the emotional burden.
What This Could Mean for UK Employers
If the proposed changes are implemented, UK employers will need to adapt their policies and procedures. Here are some key implications:
• Statutory Right: Bereavement leave, including for miscarriage, would become a statutory right, meaning all employers would be legally obligated to provide it.
• Policy Review: Employers would need to review and update their existing bereavement leave policies to ensure compliance with the new legislation.
• Pay and Duration: The legislation would likely specify the duration of leave and the level of pay employees are entitled to. This could involve a set number of weeks of paid leave, potentially at statutory sick pay rates or a higher percentage of normal earnings.
• Training and Awareness: HR departments and line managers would need training to understand the new regulations and handle related situations sensitively.
• Potential Challenges: Defining the scope of “miscarriage” for legal purposes may present challenges, particularly in early pregnancy losses. Clear guidelines would be essential.
The Importance of Compassionate Policies
Regardless of whether the proposed legislation is passed, employers should strive to create compassionate and supportive workplaces.
This includes:
• Clear Bereavement Policies: Having clear and accessible bereavement policies that outline the support available to employees.
• Flexible Working: Offering flexible working arrangements to employees who are grieving.
• Employee Assistance Programs: Providing access to employee assistance programs (EAPs) that offer counselling and support services.
• Sensitivity and Understanding: Fostering a culture of sensitivity and understanding towards employees experiencing loss.
Conclusion
The push to include miscarriage in paid bereavement leave represents a significant step towards recognising the emotional impact of pregnancy loss. While the legal landscape is still evolving, employers should be prepared for potential changes and prioritise creating supportive and compassionate workplaces.
by Saqib Khan | Mar 13, 2025 | Conveyancing, General, Landlord and Tenant Law, Litigation, People
Purchasing a new-build home is often envisioned as a seamless transition into modern living. However, numerous homeowners across the UK have encountered significant challenges with unfinished estates, leading to frustration and legal concerns.
Common Issues Faced by Homeowners
Residents in various new-build developments have reported a range of issues, including:
• Unfinished Roads and Pavements: In Shrewsbury, homeowners on the Lilly Hay estate, developed by Taylor Wimpey, have been waiting up to five years for the completion of roads and pavements. The lack of proper infrastructure has resulted in uneven surfaces and potholes, posing safety risks and causing damage to vehicles.
• Non-functional Street lights: At Tadpole Garden Village in Swindon, residents have expressed frustration over non-functional street lights, contributing to safety concerns and an increase in local crime rates.
• Structural Defects: Some homeowners have discovered significant structural issues post-purchase, such as the absence of cavity-wall insulation, leading to increased energy costs and discomfort. Legal avenues, like the Defective Premises Act 1972, may offer recourse in such situations.
Legal Protections and Remedies
Homeowners facing these challenges have several legal protections and remedies available:
• Consumer Rights Act 2015: This act ensures that services provided, including construction work, must be performed with reasonable care and skill. If a developer fails to meet these standards, homeowners may be entitled to remedies such as repairs, replacements, or financial compensation.
• Defective Premises Act 1972: Under this act, homeowners can claim damages against developers for substandard work that results in defects, especially if building regulations have been breached. The Building Safety Act 2022 has extended the limitation period for such claims to 30 years, allowing homeowners more time to seek redress.
• New Homes Quality Code: This code mandates developers to provide clear and accurate information about the property. Failure to disclose significant details, such as the erection of large structures near homes, can lead to compensation claims, as seen in Newcastle where a couple was awarded £700 after a 40-foot fence was built outside their property without prior notice.
Steps for Homeowners
If you’re experiencing issues with your new-build property:
1. Document All Issues: Keep detailed records of defects, including photographs and correspondence with the developer.
2. Communicate with the Developer: Report problems promptly and allow the developer an opportunity to address them.
3. Seek Legal Advice: If issues remain unresolved, consult with one of our solicitors to understand your rights and potential legal actions.
4. Utilise Dispute Resolution Services: Engage with independent schemes or ombudsman services designed to handle disputes between homeowners and developers.
Conclusion
While new-build homes offer the promise of modern amenities and design, it’s crucial for homeowners to be vigilant and informed about their rights. Should issues arise, legal frameworks are in place to protect consumers and ensure that developers meet their obligations.
At Khan Mather Solicitors, we are committed to assisting homeowners in navigating these challenges and securing the homes they were promised.
by Saqib Khan | Mar 6, 2025 | Conveyancing, General, Landlord and Tenant Law
Buying a new home is one of the biggest decisions you’ll ever make. Amidst the excitement of finding the perfect place, it’s easy to overlook crucial checks that could save you from future heartache.
One such check, particularly relevant in the UK, is assessing the flood risk of your potential property. At KhanMather Solicitors, we understand the importance of thorough due diligence, and we’re here to guide you through this essential process.
Why is Flood Risk a Concern?
The UK is increasingly experiencing extreme weather events, making flooding a significant risk for many homeowners. Flooding can cause devastating damage to property, leading to costly repairs, insurance disputes, and emotional distress. Therefore, understanding the potential flood risk before you buy is paramount.
How to Check for Flood Risk:
1. Environment Agency Website: The Environment Agency provides flood maps online, allowing you to check the flood risk for specific areas using postcodes. These maps indicate areas at risk of flooding from rivers, the sea, and surface water.
2. Property Information Form (TA6): Sellers are legally obliged to disclose any known flood history of the property through the TA6 form. Carefully review this document and ask your solicitor to raise any necessary enquiries.
3. Local Authority Searches: Your solicitor will conduct local authority searches, which may reveal information about flood risk and drainage in the area.
4. Flood Risk Assessments: For a more detailed assessment, consider commissioning a professional flood risk assessment. This will provide a comprehensive report on the property’s vulnerability to flooding.
5. Check Insurance Availability: Contact insurance providers to get an idea of the cost and availability of flood insurance for the property. This will give you a realistic picture of the potential financial implications.
What Can KhanMather Solicitors Do to Help?
Our experienced conveyancing team at KhanMather Solicitors can assist you in the following ways:
• Reviewing the TA6 form and raising enquiries with the seller’s solicitor.
• Conducting thorough local authority searches.
• Advising on the need for a flood risk assessment.
• Explaining the implications of any flood risk identified.
• Ensuring your interests are protected throughout the conveyancing process.
Don’t Let Flooding Wash Away Your Dreams
By taking proactive steps to assess flood risk, you can make an informed decision about your property purchase and avoid potential future problems. Contact KhanMather Solicitors today for expert legal advice and a smooth conveyancing experience.
Remember: Prevention is always better than cure. Don’t let the excitement of buying a new home overshadow the importance of essential checks like flood risk assessment.
If you have any questions regarding any future property purchase, please contact Hannah on 0161 850 9911.
by Saqib Khan | Feb 27, 2025 | Business, Conveyancing, General, Landlord and Tenant Law
The recent unexpected interest rate cut by the Bank of England has sent ripples through the financial world, and the UK property market is no exception. Here at KhanMather, we understand that these changes can be confusing, so we’re here to break down what this cut means for homeowners, buyers, and investors.
What Happened?
The Bank of England’s Monetary Policy Committee (MPC) has lowered the base interest rate. This decision is primarily aimed at stimulating economic growth but how does this seemingly macro-economic move affect the bricks and mortar of our homes and investments?
Impact on Mortgages:
• Existing Mortgages: For those on variable rate mortgages, this cut is likely good news. You should see a reduction in your monthly payments, although the exact amount will depend on the terms of your individual mortgage agreement. Contact your lender to understand how the rate cut will affect your specific payments. Fixed-rate mortgage holders won’t see an immediate change, as their rates are locked in for the fixed term. However, when it comes time to remortgage, they may find more competitive rates available.
• New Mortgages: Lower base rates typically translate to lower interest rates offered on new mortgages. This could make borrowing more affordable, potentially increasing demand in the property market. For first-time buyers, this could be a welcome opportunity to get onto the property ladder. However, it’s crucial to remember that affordability assessments still apply, and lenders will carefully scrutinise applications.
Impact on the Housing Market:
• Increased Demand: Lower borrowing costs could stimulate demand for property, potentially leading to increased competition and upward pressure on house prices. This could be particularly noticeable in certain areas where demand already outstrips supply.
• Market Confidence: A rate cut can sometimes signal a lack of confidence in the economy, which could have a dampening effect on market sentiment. However, the primary motivation for this cut suggests that the Bank is acting proactively to support growth, which could ultimately bolster confidence.
• Investment Properties: Lower interest rates can make buy-to-let investments more attractive, as the cost of borrowing is reduced. This could lead to increased activity in the rental market.
What Should You Do?
• Review Your Mortgage: If you’re on a variable rate mortgage, contact your lender to understand how the rate cut will affect your monthly payments. If you’re nearing the end of a fixed-rate term, start researching the best remortgage deals available.
• Consider Your Options: If you’re thinking of buying a property, now might be a good time to explore your mortgage options and get pre-approved. However, don’t rush into any decisions. Carefully assess your financial situation and ensure you can comfortably afford the repayments.
• Seek Professional Advice: Navigating the property market can be complex, especially with changing interest rates. At KhanMather, our team of experienced property law specialists can provide you with expert guidance and support throughout the process. Contact us today for a consultation.
If you wish to discuss the above or require additional information, please contact Hannah on 0161 850 9911.
by Saqib Khan | Feb 25, 2025 | Conveyancing, General, Litigation
In a victory for a wealthy couple, a recent legal battle over a £32.5 million London mansion has concluded with a ruling in their favour. The case centred around a significant moth infestation discovered shortly after the couple moved into the property. This high-profile case highlights the importance of thorough due diligence when purchasing high-value properties and raises questions about liability for pre-existing defects.
The couple, whose identities have not been publicly disclosed, claimed they were unaware of the extent of the moth infestation when they purchased the property. They argued that the infestation constituted a significant defect that rendered the property uninhabitable and significantly diminished its value. Their legal team presented evidence suggesting the infestation was present prior to the purchase, and that the previous owners had failed to adequately address the issue.
The sellers, on the other hand, reportedly argued that the couple had ample opportunity to inspect the property before the sale was finalised, and that the “buyer beware” principle applied. They also suggested that the infestation was not severe enough to warrant the claims made by the couple.
However, the judge ruled in favour of the couple, stating that the sellers had a legal obligation to disclose any known defects that could significantly impact the value or habitability of the property. The judge determined that the moth infestation, given its scale and potential to cause damage, fell under this category. The ruling emphasized the importance of transparency and honesty in property transactions, particularly at the high end of the market.
What does this mean for buyers of high-value properties?
This case serves as a crucial reminder for anyone considering purchasing a luxury property in the UK. While the “buyer beware” principle still holds some weight, sellers also have a responsibility to disclose known issues. Here are some key takeaways:
• Thorough Inspections are Essential: Don’t rely solely on estate agent descriptions. Commission independent surveys from reputable professionals, including specialists in pest control if there are any suspicions. For high-value properties, consider a more in-depth building survey.
• Due Diligence is Key: Investigate the property’s history. Ask specific questions about any past issues, including infestations, damp, or structural problems. Document everything.
• Legal Advice is Paramount: Before making an offer, consult with a solicitor specializing in property law. They can help you understand your rights and obligations, and ensure the contract protects your interests. A solicitor can also advise on the implications of any disclosures made by the seller.
• Consider Specialist Reports: For older or particularly valuable properties, consider obtaining specialist reports. These might include structural surveys, damp reports, or in this case, an entomologist’s report on insect infestations.
What does this mean for sellers of high-value properties?
Sellers also need to be aware of their obligations:
• Transparency is Crucial: Disclose any known defects, no matter how minor they may seem. It’s always better to be upfront and avoid potential legal issues later.
• Maintain Records: Keep detailed records of any work carried out on the property, including repairs, maintenance, and pest control treatments.
• Seek Legal Advice: Consult with a solicitor before putting your property on the market to understand your legal obligations regarding disclosure.
This case sets a precedent for future disputes involving high-value properties and underscores the importance of transparency and thoroughness in property transactions. If you are considering buying or selling a luxury property, it is essential to seek professional legal advice to ensure your interest.
If you wish to discuss any of the above, please contact Hannah on 0161 850 911.
by Saqib Khan | Feb 6, 2025 | Employment law, General
At Khan Mather, we believe that diversity, equity, and inclusion are not just legal obligations, they are the cornerstones of a thriving, modern workplace. In an era where progressive hiring practices have become essential to business success and societal growth, it’s disheartening to see influential figures promoting regressive ideas that undermine these values.
Recent comments from global political figures, including U.S. President Donald Trump, have sparked controversy due to rhetoric that appears dismissive of the rights and contributions of disabled individuals. While such statements may garner media attention, they stand in stark contrast to the principles that forward-thinking organisations uphold, particularly in the UK, where legal protections and societal expectations demand a more inclusive approach.
The Legal Framework for Inclusive Hiring in the UK
The UK has robust legislation designed to protect the rights of disabled individuals in the workplace. The Equality Act 2010 is a key piece of legislation that prohibits discrimination based on disability (alongside other protected characteristics) and requires employers to make reasonable adjustments to support disabled employees. This isn’t just a legal requirement, it reflects a broader societal commitment to fairness, respect, and human dignity.
Moreover, inclusive hiring practices contribute to better business outcomes. Diverse teams foster innovation, improve problem-solving, and create more dynamic work environments. Studies consistently show that companies prioritising diversity outperform those that don’t, both financially and culturally.
The Danger of Regressive Rhetoric
When public figures downplay the importance of inclusive hiring or question the value of diversity, it risks normalising outdated, discriminatory attitudes. This can have a ripple effect, emboldening employers who may already be reluctant to embrace diversity or comply with legal standards.
However, the UK’s legal framework and cultural ethos act as strong safeguards against such regressive influences. At Khan Mather, we advise businesses to view diversity not as a checkbox exercise but as a strategic advantage and moral imperative.
Why Diversity and Inclusion Matter
1. Legal Compliance: Avoiding discrimination isn’t optional. It’s enshrined in law, and failure to comply can result in legal consequences, including tribunal claims and reputational damage.
2. Business Performance: Diverse teams bring varied perspectives, driving creativity and resilience. This leads to better decision-making and problem-solving capabilities.
3. Social Responsibility: Companies play a critical role in shaping societal norms. Embracing inclusivity demonstrates leadership and a commitment to social justice.
4. Employee Well-being: An inclusive environment fosters a sense of belonging, improving employee morale, retention, and productivity.
Moving Forward with Purpose
At Khan Mather, we’re committed to helping businesses navigate the complexities of employment law while promoting best practices that support diversity and inclusion. Regressive rhetoric may make headlines, but it does not define the future of work. The future belongs to organisations that champion fairness, embrace differences, and recognise the value that every individual brings to the table, regardless of ability, background, or identity.
If you need expert advice on employment law, diversity policies, or inclusive hiring practices, our team at Khan Mather is here to help.
Together, we can build workplaces that reflect the best of what our society has to offer.
