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 | Sep 12, 2024 | General, Landlord and Tenant Law, People
Protecting Landlords and Tenants through Legal Expertise
In the ever-evolving landscape of property rental in the UK, understanding the intricacies of tenancy deposit claims is paramount for both landlords and tenants alike. With the rise in rental disputes and legal complexities surrounding deposits, having a comprehensive grasp of your rights and obligations is crucial. At Khan Mather, we specialise in providing clarity and guidance on these matters, ensuring fair resolution for all parties involved.
- The Importance of Tenancy Deposit Protection
Since the introduction of the Tenancy Deposit Protection (TDP) schemes in 2007, landlords in England and Wales are legally required to protect their tenants’ deposits in government-approved schemes. This legislation aims to safeguard tenants’ money and provide a fair mechanism for resolving disputes at the end of the tenancy.
- Understanding Deposit Deductions
Disputes often arise when landlords wish to make deductions from the deposit at the end of the tenancy. While deductions are permissible for damages beyond fair wear and tear or unpaid rent, they must be justified and reasonable. Our legal experts can assist landlords in navigating these complexities, ensuring compliance with legal requirements and minimizing the risk of disputes.
- Tenant Rights and Recourse
For tenants, understanding their rights regarding deposit protection is crucial. Tenants have the right to the return of their deposit at the end of the tenancy, provided they have met their obligations under the tenancy agreement. If disputes arise over deductions or the return of the deposit, tenants can seek recourse through the TDP schemes or, if necessary, legal channels. Our firm provides comprehensive support to tenants, advocating for their rights and interests throughout the process.
- Resolving Disputes Amicably
While disputes over tenancy deposits can be contentious, resolving them amicably is often in the best interests of both parties. Through negotiation and mediation, our experienced solicitors strive to reach fair and mutually acceptable outcomes, avoiding the time, cost, and stress associated with lengthy court proceedings.
- Legal Recourse and Litigation
In cases where disputes cannot be resolved through negotiation or mediation, litigation may be necessary. Our firm boasts a team of skilled litigators with extensive experience in tenancy deposit claims, equipped to represent clients effectively in court proceedings. Whether you are a landlord seeking to defend your deposit deductions or a tenant disputing unfair deductions, we are committed to achieving the best possible outcome on your behalf.
- Staying Compliant with Evolving Legislation
As legislation surrounding tenancy deposits continues to evolve, staying compliant is paramount for landlords and letting agents. Our firm remains abreast of any changes to relevant laws and regulations, providing proactive guidance to clients to ensure compliance and mitigate legal risks.
Conclusion: Expert Guidance for Tenancy Deposit Claims
At Khan Mather, we recognize the complexities and challenges inherent in tenancy deposit claims. Whether you are a landlord seeking to protect your interests or a tenant asserting your rights, our team of legal experts is here to provide the guidance and support you need. With our wealth of experience and commitment to excellence, we are dedicated to achieving fair and equitable outcomes for all parties involved. Contact us today to learn more about how we can assist you with your tenancy deposit claims.
by Saqib Khan | Jul 18, 2024 | Employment law, General, People
As the political landscape evolves, so too does the framework within which businesses and employees operate. The Labour Party in the UK has recently put forward a series of proposals aimed at reforming employment law, signalling potentially significant changes for both employers and employees. At KhanMather, we recognise the importance of staying informed about these developments to ensure compliance and to leverage opportunities for growth and fairness within your organisation. Here, we break down the key aspects of Labour’s proposed changes and what they could mean for you.
Strengthening Workers’ Rights
Labour’s proposals are centred on bolstering workers’ rights, aiming to create a more equitable working environment. Some of the most noteworthy changes include:
- Abolishing Zero-Hours Contracts: Labour plans to eliminate zero-hours contracts, which currently allow employers to hire staff with no guaranteed hours of work. This move is intended to provide workers with more stability and predictable incomes.
- Introducing a Living Wage: Raising the minimum wage to a “real living wage” is a cornerstone of Labour’s proposals. This would ensure that workers earn enough to cover basic living costs, significantly increasing the minimum wage from its current rate.
- Enhancing Sick Pay and Parental Leave: The proposals include increasing statutory sick pay and extending parental leave, thereby supporting workers who need time off due to illness or to care for their children.
- Strengthening Trade Unions: Labour aims to reinvigorate trade unions by simplifying the process for joining and increasing their bargaining power. This includes making it easier for unions to gain recognition in workplaces.
Impact on Employers
For employers, these proposals represent both challenges and opportunities. Here’s what you need to know:
- Cost Implications: The shift to a living wage and enhanced benefits like increased sick pay and parental leave could lead to higher payroll costs. Employers will need to budget for these changes and potentially adjust their pricing strategies.
- Operational Adjustments: Abolishing zero-hours contracts means employers must provide more predictable schedules and potentially invest in a larger, more stable workforce. This could affect industries that rely heavily on flexible, part-time labour.
- Union Negotiations: With stronger trade unions, employers might face more collective bargaining scenarios. It’s crucial to prepare for negotiations and understand the legal implications of union recognition and activities.
- Compliance Requirements: Keeping up with the new legal requirements will be essential. Employers should seek legal counsel to ensure that contracts, policies, and practices are updated accordingly.
Benefits for Employees
For employees, Labour’s proposals promise greater security and improved working conditions:
- Job Stability: The end of zero-hours contracts means more predictable schedules and income, providing greater financial security.
- Fair Compensation: A living wage ensures that employees are better compensated for their work, improving their standard of living.
- Better Support Systems: Enhanced sick pay and parental leave provide workers with the necessary support during critical times, fostering a more supportive work environment.
- Stronger Representation: More powerful trade unions can better advocate for workers’ rights, leading to improved working conditions and benefits.
Preparing for Change
While these proposals are still in the legislative pipeline, it’s prudent for both employers and employees to start preparing. Employers should review current employment practices, seek legal advice, and consider the financial and operational impacts of these potential changes. Employees, on the other hand, should stay informed about their rights and the support available to them.
At KhanMather, we are committed to helping you navigate these changes smoothly. Whether you’re an employer seeking to align with new regulations or an employee looking to understand your rights, our expert legal team is here to provide the guidance you need.
Stay tuned for more updates and insights on this evolving topic. If you have any questions or need specific legal advice, please don’t hesitate to contact us.
Contact KhanMather today on 0161 850 9911 to ensure your business or career is ready for the future of employment law.
by Saqib Khan | Jul 16, 2024 | Employment law, Litigation, People, Personal injury
In the intricate web of legalities, there are often scenarios that challenge the boundaries of personal rights and responsibilities. One such complex yet pertinent issue is trespass to the person, particularly in cases where an employee faces physical harm at the hands of their employer’s family member. In this blog post, we delve into the legal intricacies surrounding such incidents, shedding light on the rights of the aggrieved party and the potential legal recourse available.
Imagine this scenario: a dedicated servant diligently performs their duties within the confines of their employer’s residence, only to face a violent altercation initiated by the employer’s son. Such situations not only raise concerns about workplace safety but also prompt legal questions regarding liability and accountability.
Trespass to the person, a fundamental concept in tort law, encompasses a range of wrongful acts that directly infringe upon an individual’s physical integrity. These acts can include assault, battery, false imprisonment, and intentional infliction of emotional distress. In the context of the scenario described, the assault perpetrated by the employer’s son against the servant constitutes a clear instance of trespass to the person.
The legal ramifications of such an act are multifaceted. Firstly, it’s essential to establish the liability of the employer for the actions of their son. Under the principle of vicarious liability, employers can be held responsible for torts committed by their employees in the course of their employment. However, extending this liability to cover actions committed by family members of the employer requires careful examination of the specific circumstances and the nature of the relationship between the employer and the perpetrator.
Moreover, the severity of the assault and its impact on the victim are crucial factors in determining the legal consequences. In cases of physical harm, the victim may be entitled to compensation for medical expenses, loss of earnings, pain, and suffering. Additionally, punitive damages may be awarded to deter similar conduct in the future and to symbolize societal condemnation of the wrongful act.
From a legal standpoint, victims of trespass to the person have the right to seek justice through civil litigation. By initiating legal proceedings against the responsible parties, they can assert their rights and hold wrongdoers accountable for their actions. Furthermore, pursuing legal action sends a powerful message about the importance of upholding the principles of justice and fairness in society.
At KhanMather, we understand the complexities involved in trespass to the person cases and are committed to providing comprehensive legal assistance to victims seeking redress. Our team of experienced solicitors specializes in tort law and is dedicated to advocating for the rights of individuals who have been wronged. If you or someone you know has been a victim of assault or battery, don’t hesitate to contact us for expert guidance and support.
In conclusion, incidents of trespass to the person, such as the one described in the scenario, underscore the significance of safeguarding individual rights and holding perpetrators accountable for their actions. By navigating the legal landscape with diligence and expertise, victims can pursue justice and ensure that their voices are heard. At KhanMather, we stand ready to offer our unwavering support to those in need, upholding the principles of justice and fairness every step of the way.
by Saqib Khan | Jul 11, 2024 | People, Powers of Attorney, Wills
In the journey of life, planning for the future is not just prudent; it’s a responsibility. As we accumulate assets, build businesses, and raise families, ensuring that our hard-earned wealth is protected and distributed according to our wishes becomes paramount. At KhanMather, we understand the importance of safeguarding your legacy, which is why we advocate for the strategic use of wills with trusts attached.
Understanding the Basics: Wills and Trusts
Before delving into the intricacies of setting up a will with a trust attached, let’s first clarify what each document entails:
Wills:
A will is a legal document that outlines your wishes regarding the distribution of your assets and the care of any dependents after your passing. It appoints an executor to carry out these instructions and ensures that your estate goes through the probate process.
Trusts:
A trust, on the other hand, is a legal arrangement that allows a trustee to hold assets on behalf of beneficiaries. Trusts offer several benefits, including avoiding probate, providing privacy, and allowing for greater control over how assets are distributed.
The Power of Combining a Will with a Trust
While both wills and trusts serve essential functions in estate planning, combining the two can offer comprehensive protection and flexibility. Here’s how setting up a will with a trust attached can benefit you and your loved ones:
- Avoiding Probate:
Probate can be a time-consuming and costly process that exposes your estate to public scrutiny. By placing assets in a trust, you can bypass probate altogether, ensuring a smoother transition of wealth to your beneficiaries.
- Protecting Vulnerable Beneficiaries:
If you have beneficiaries who are minors, have disabilities, or lack financial acumen, a trust can provide ongoing management of assets on their behalf. This protects their inheritance from mismanagement or exploitation.
- Preserving Privacy:
Unlike wills, which become public record during probate, trusts offer privacy by keeping asset distribution out of the public eye. This confidentiality can be particularly beneficial for individuals who prefer to keep their financial affairs private.
- Mitigating Estate Taxes:
Depending on the size of your estate, proper trust planning can help minimize estate taxes, allowing you to pass on more of your wealth to your chosen beneficiaries.
- Ensuring Flexibility:
A will with a trust attached allows for flexibility in adapting to changing circumstances. Trust provisions can be tailored to accommodate future events such as marriage, divorce, or the birth of additional children.
Setting Up Your Will with a Trust: The KhanMather Approach
At KhanMather, we recognize that every individual and family has unique needs and goals. Our experienced team of legal professionals works closely with clients to develop personalized estate plans that reflect their wishes and protect their legacies.
When setting up a will with a trust attached, our process typically involves:
- Initial Consultation: We begin by discussing your estate planning objectives, family dynamics, and financial situation during an initial consultation.
- Customized Planning: Based on your preferences and circumstances, we develop a customized estate plan that may include a will, various types of trusts, and additional legal instruments as needed.
- Documentation and Execution: Our team prepares the necessary legal documents, ensuring that your wishes are clearly articulated and legally binding. We guide you through the execution process to ensure that your estate plan is properly implemented.
- Ongoing Review and Updates: Estate planning is not a one-time event; it requires periodic review and updates to account for changes in laws, personal circumstances, and financial goals. We provide ongoing support to ensure that your estate plan remains relevant and effective over time.
Secure Your Legacy with KhanMather
Planning for the future is an essential aspect of responsible stewardship. By setting up a will with a trust attached, you can protect your assets, provide for your loved ones, and leave a lasting legacy that reflects your values and priorities.
At KhanMather, we are committed to guiding you through the estate planning process with compassion, expertise, and attention to detail. Contact us today to schedule a consultation and take the first step toward securing your legacy for generations to come.
