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.
by Saqib Khan | Jul 9, 2024 | Litigation, People
Introduction: In the digital age, online shopping has become an integral part of our lives, offering convenience and accessibility like never before. However, despite the ease of making purchases online, returning items can sometimes lead to complications. One common issue that arises is when a retailer claims they didn’t receive a returned item, leaving consumers wondering about their legal rights in such a situation. At KhanMather, we understand the complexities of consumer law and are here to guide you through your rights in this scenario.
Understanding Your Rights: When you purchase an item online, you enter into a contract with the retailer, which includes the right to return goods under certain circumstances. The Consumer Rights Act 2015 provides consumers with statutory rights when it comes to returning faulty or unwanted items. Under this legislation, you have the right to return an item within 14 days of receiving it for a full refund, regardless of the reason, under the Consumer Contracts Regulations.
However, when it comes to the issue of the retailer claiming they didn’t receive the returned item, things can become more complicated. In such cases, it’s crucial to understand your rights and the steps you can take to resolve the matter.
Proving Return: The burden of proof lies with the consumer to demonstrate that they have returned the item to the retailer. Therefore, it’s essential to keep records of the return, including any tracking information or proof of postage provided by the courier service used. This documentation can serve as evidence in the event of a dispute with the retailer.
Communication: If the retailer claims they didn’t receive the returned item, the first step is to communicate with them to resolve the issue amicably. Provide them with any relevant tracking information or proof of postage and politely request that they investigate the matter further.
Escalation: If communication with the retailer proves unsuccessful, you may need to escalate the issue by seeking legal advice or contacting relevant consumer protection agencies. Organizations such as the Citizens Advice Bureau or Trading Standards can provide guidance on your rights and help you navigate the dispute resolution process.
Chargeback: In cases where you paid for the item using a credit or debit card, you may be able to initiate a chargeback through your card issuer. A chargeback allows you to dispute a transaction and request a refund directly from your card provider if the goods were not received as promised.
Legal Action: As a last resort, you may consider taking legal action against the retailer if they continue to refuse to acknowledge the return or provide a refund. In such instances, seeking advice from a solicitor specializing in consumer law can help you understand your options and determine the best course of action.
Conclusion: Returning an item bought online should be a straightforward process, but complications can arise when the retailer claims they didn’t receive the returned item. However, by understanding your rights under consumer law and taking proactive steps to resolve the issue, you can protect yourself and ensure a fair outcome. At KhanMather, we’re here to support you every step of the way and provide expert legal advice tailored to your specific situation.
by Saqib Khan | May 21, 2024 | People, Powers of Attorney, Wills
As a trusted law firm dedicated to serving our clients’ legal needs, we understand the importance of staying informed about regulatory changes that may impact our clients’ lives. One recent development that warrants attention is the significant updates made by His Majesty’s Revenue and Customs (HMRC) to the probate application process in the UK. These changes have implications for individuals navigating the complexities of estate administration and probate. In this blog post, we aim to provide clarity on the recent amendments and offer guidance on how to navigate them effectively.
Understanding the HMRC Updates: The HMRC has recently implemented changes to the probate application process, primarily concerning the submission of inheritance tax forms. Historically, individuals applying for probate were required to complete and submit both the probate application forms and the relevant inheritance tax forms simultaneously. However, the updated procedure now requires applicants to submit the inheritance tax forms separately to HMRC before applying for probate.
Implications for Probate Applicants: These changes introduce a shift in the probate application timeline and procedural requirements. Probate applicants must now ensure that they initiate the inheritance tax assessment process with HMRC before proceeding with their probate application. Failure to adhere to this new protocol may result in delays and complications in the probate process, potentially affecting the timely distribution of assets to beneficiaries.
Navigating the New Process: For individuals navigating the probate application process, it is essential to familiarize themselves with the revised requirements set forth by HMRC. Here are some key steps to navigate the new process effectively:
- Early Engagement with HMRC: Initiate communication with HMRC at the earliest opportunity to begin the inheritance tax assessment process. This proactive approach will help streamline the overall probate application timeline.
- Obtain Professional Guidance: Given the intricacies of estate administration and tax matters, seeking guidance from one of our legal professionals experienced in probate matters is highly advisable. A knowledgeable solicitor can provide invaluable assistance in navigating the HMRC updates and ensuring compliance with all regulatory requirements.
- Organize Documentation: Compile all relevant financial documentation and information pertaining to the deceased’s estate to facilitate the inheritance tax assessment process. Thorough documentation will expedite the submission process and minimize delays.
- Timely Submission: Adhere to HMRC’s deadlines for submitting inheritance tax forms to avoid any potential penalties or complications. Prompt submission will contribute to a smoother probate application process.
- Stay Informed: Stay abreast of any further updates or revisions to the probate application process issued by HMRC or other regulatory bodies. Remaining informed ensures that you are well-equipped to navigate any changes effectively.
Conclusion: The recent changes implemented by HMRC to the probate application process underscore the importance of staying informed and proactive in estate administration matters. By understanding the revised requirements and following the recommended steps outlined in this post, individuals can navigate the probate process with confidence and efficiency. At Khan Mather, we are committed to supporting our clients through every stage of the probate journey, providing expert guidance and personalized assistance to achieve optimal outcomes. If you require assistance with probate or estate administration matters, please do not hesitate to contact us for comprehensive legal support.
by Saqib Khan | May 7, 2024 | Conveyancing, General, Landlord and Tenant Law, People
Introduction
Buying a home is a significant milestone in one’s life, but it often comes with a hefty price tag. Many aspiring homeowners find it challenging to accumulate a substantial deposit for their dream home. This is where 100% mortgages come into play, offering an alternative path to homeownership. In this blog, we’ll explore the concept of 100% mortgages, how they work, their advantages, disadvantages, and whether they are a viable option for prospective homebuyers.
What Are 100% Mortgages?
A 100% mortgage, as the name suggests, allows you to borrow the entire purchase price of your home without the need to provide a deposit. Traditionally, lenders require borrowers to contribute a deposit, typically ranging from 5% to 20% of the property’s value, to secure a mortgage. However, with a 100% mortgage, you can buy a home with no deposit, which may seem like an attractive proposition, especially for first-time buyers.
How Do 100% Mortgages Work?
- Guarantor Mortgages: One common form of 100% mortgage in the UK is the guarantor mortgage. In this arrangement, a family member, usually a parent, acts as a guarantor for the loan. They offer their property or savings as collateral, ensuring the lender has a safety net in case the borrower defaults on payments.
- Joint Borrower Sole Proprietor Mortgages: Another option is the joint borrower sole proprietor mortgage. In this scenario, a family member joins the mortgage application with the borrower, typically to increase the borrower’s income and improve their affordability. However, the co-borrower does not have any ownership rights to the property.
- Specialist Lenders: Some specialist lenders offer 100% mortgages, but they often come with higher interest rates and stricter terms compared to traditional mortgages. These lenders may also require additional collateral or charge higher fees.
Advantages of 100% Mortgages
- No Deposit Required: The most significant advantage of a 100% mortgage is that it allows buyers to enter the property market without having to save for a deposit, which can take years.
- Access to the Property Market: It provides an opportunity for first-time buyers and those with limited savings to get on the property ladder sooner rather than later.
- Family Assistance: It enables families to support their children or relatives in purchasing their first home by acting as guarantors or co-borrowers.
Disadvantages of 100% Mortgages
- Higher Interest Rates: 100% mortgages often come with higher interest rates compared to traditional mortgages, which can lead to higher overall costs over the life of the loan.
- Limited Lender Options: Not all lenders offer 100% mortgages, and those that do may have stricter eligibility criteria.
- Risk to Guarantors: In guarantor mortgages, the guarantor’s property or savings are at risk if the borrower defaults, potentially putting their financial stability in jeopardy.
- Less Competitive Terms: Borrowers with a larger deposit typically receive better interest rates and more favourable mortgage terms.
Are 100% Mortgages a Viable Option?
While 100% mortgages can be a lifeline for some aspiring homeowners, they are not without risks and limitations. It’s crucial to carefully consider your financial situation and long-term goals before opting for a 100% mortgage. Here are some key factors to consider:
- Affordability: Can you comfortably make the mortgage payments, including interest, insurance, and property taxes, without straining your finances?
- Future Financial Stability: Assess your job security and future income prospects. A sudden change in circumstances could make it challenging to meet mortgage obligations.
- Alternatives: Explore other homeownership schemes and government-backed initiatives like Help to Buy, Shared Ownership, or the First Homes scheme, which might offer more favorable terms.
- Seek Professional Advice: Consult with a mortgage advisor or financial expert to assess your suitability for a 100% mortgage and explore all available options.
Conclusion
100% mortgages can be a valuable tool for prospective homebuyers who lack the funds for a traditional deposit. However, they come with their own set of challenges and risks. It’s essential to thoroughly research and consider your financial situation, long-term goals, and available alternatives before committing to a 100% mortgage. Make informed decisions to ensure that home ownership is a rewarding and sustainable journey for you and your family.
Whilst we cannot offer mortgage advice, please call our property department with any other concerns you may have on 0161 850 9911.
