The end of May saw Quinn Legal undertaking the challenge of running the perimetre of the Isle of Man as part of Race the Sun in aid of the Children’s Centre.
The race is unique in that it starts at sun rise with each team aiming to complete a lap of the 100 mile Island coastal footpath before the sun sets. The race is split into 10 demanding sections and follows the Raad Ny Foillan. Many of the sections entail running across miles of beach, up and down steep hills and even wading through the sea at one point due to high tide!
The team of runners comprised of a 50:50 split of Quinn Legal members of staff and other friends of the firm we persuaded to run along the way. The team saw Steve Smith, Adam Horne, Sarah Quirk, Stephen Honeybone, Natalie Arrowsmith, Anna-Marie Frisby, Marty Kelly, Marina Parsons, Paul Shimmin and Dave Carriage complete the race in 16:07:58 hours. This is an excellent achievement for many who had only starting training a few months previously and had never run before.
Money was raised by Quinn Legal staff in aid of the Children’s Centre with the Quinn Legal team hoping to be back in full force to participate in the event again next year (with James Quinn running a leg this time!)
The majority of employers routinely send prospective employees health questionnaires as a matter of course. This practice however will be deemed unlawful in England and Wales once section 60 of the Equality Act 2010 comes into force, likely to be in October this year.
The Equality Act 2010 prohibits employers from asking pre-employment health questions save for in five limited circumstances, namely:
(1) to ascertain whether reasonable adjustments to the usual job application process need to be made; or
(2) to find out if the job applicant will be able to carry out a function intrinsic to the work concerned; or
(3) to monitor diversity; or
(4) take positive action to assist a disabled person where that is allowed by other provisions; or
(5) find out that a job applicant has a particular disability where the job genuine requires that they have that disability, provided that the requirement is a “proportionate means of achieving a legitimate aim”.
As the World Cup draws nearer, many employers are beginning to worry about the effect this will have on employees. A balance needs to be struck between employees who want to watch the matches and employers who have a business to run.
Many employers will have undoubtedly been faced with a deluge of requests for time off over this period, particularly when crucial matches are on. Even though employees are statutorily entitled to take time off, employers can turn requests down. This could happen if an employee hasn’t submitted their request in time or several other colleagues have pipped them to the post.
A recent professional negligence case has highlighted the need for fast action if you wish to make a claim. In Pegasus Management Holdings SCA & ors v Ernst & Young (a firm) Ernst & Young (“D”) gave professional advice to Pegasus (“C”). C sold its business in 1997 and faced a potentially large capital gains tax liability. C sought advice from D on how to save tax and was advised to invest in a new company. The new company was subsequently sold on and it too faced a tax liability. This could have been avoided had D advised C differently. C then stated that D had been professionally negligent as they had suffered loss.
A city trader has won a case regarding a discretionary bonus in the Court of Appeal. A bonus was due under a contract signed with Co-operative Centrale Raiffeisen-Boerenleenbank BA. The Defendant tried to vary the terms of the Claimant’s employment contract, removing his right to a performance related bonus. A letter was sent to the Claimant reflecting the changes which he did not sign.
The suspension of flights across the majority of Northern Europe as a result of the Icelandic volcano has caused many employees to become stranded and not able to return to work. Some of the typical questions asked by employers and our advice in response is listed below.
In Tandrin Aviation Holdings Ltd v Aero Toy Store LLC [2010] EWHC 40 (Comm) a sale agreement was entered into for a jet aircraft at a cost of US$31.75 million. The deposit was paid with the balance due upon completion. The buyer did not accept delivery of the aircraft or pay the balance as per the terms of the agreement. Consequently, the seller applied for summary judgment.
The case of Invertec Ltd v (1) De Mol Holding BV (2) Hernicus Albertus De Mol[2009] EWHC 2471 highlights the risk of personal liability that Directors may be exposed to.
A company was induced to enter a sale and purchase agreement on the basis of fraudulent misrepresentations by the Director regarding the financial health of the company. The court held that where a Director has made a fraudulent misrepresentation intending another person to rely upon it, and that other person does so, the Director will become personally liable. In Invertec the Director was held by the court to be intentionally deceitful therefore personally liable.
To avoid personal liability Directors should ensure that when entering into sale and purchase agreements or any form of binding agreement they:
· obtain legal advice at an early stage;
· be aware that any false representations or warranties made to a potential purchaser knowingly, without belief in the truth or recklessly may result in personal liability; and
· ensure full, accurate and detailed disclosure is given.
On 22 March 2010 the Intestate Succession (Net Sum) Order 2010 came into force increasing the spousal statutory legacy from £125,000 to £250,000. This means that when there is a surviving spouse and for example if there are children or siblings, the spouse will receive all of the deceased's personal effects together with a sum up to the value of the statutory legacy, which is now £250,000. If any of the estate remains, the surviving spouse will hold half of this on trust absolutely with the other half going to any other relatives. This increase now reflects the law as it stands in the UK.
Many problems can arise when a loved one dies intestate. If you haven’t done so already, we cannot overstate the importance of making a Will. This allows your assets (your home, savings, personal effects, investments) to be passed on to the people you want, in the way you want.
We can help you to put a standard Will in place for as little as £175.00, please call us to arrange a meeting.
Medical evidence in order to support a claim of Statutory Sick pay has always been via a sick note from the doctor. As from April 2010, doctors in the UK (with the exception of NI) will issue “fit notes” stating that the employee is either not fit for work or is fit for some work. This second option is by agreement with the employer and will enable an employee to work altered hours, amended duties or seek workplace adaptations.
The aim of the new Regulations is to save the British economy over £240 million in the next 10 years and will give employers more flexibility on how to deal with sickness absence. This provision however is yet to be introduced in the Isle of Man.
Customers can now obtain disclosure of internal documents related to money laundering disclosures and put suspicions they report to the Serious Organised Crime Agency (SOCA) to proof at trial according to the recent case of Shar and Anor v HSBC Private Bank (UK) Limited [2010] EWCA Civ 31. Financial institutions may now also owe duties to their customers to inform them about money laundering reports which have been made about them.
The case will have an impact on Money Laundering Reporting Officers (MRLOs) and all those who make Suspicious Activity Reports (SARs) in the regulated sector. This includes banks, accountants and lawyers. Even those not in the regulated sector will need to ensure proper processes are in place when making SARs.
What do employers do when employees are unable to get to work due to the snow?
Many businesses operated with only a handful of staff working reduced hours to factor in travel to and from work on the snow filled roads. It is generally assumed that employees should make every reasonable effort to get into work. Driving in dangerous conditions in order to do so is certainly not advisable. Therefore if you live in Ramsey and work in Douglas, any attempts to drive over the mountain are to be taken at your peril. It would be ridiculous to suggest that employees should risk their lives in order to get into work. However if you work in Douglas and live in Onchan, unless you have a good excuse, your employer will no doubt take a dim view if you don’t show up at work.
A survey conducted on the advice website unbiased.co.uk has revealed that 30% of people experience problems after the death of a loved one due to the lack of a Will, with 12% arguing over family assets. The average battle over inheritance costs approximately £2,150 in legal fees. Situations such as these could easily be prevented by having a Will.
