What is the minimum wage?
April 2022
On the 1st of April 2022, new rates of the National Living Wage (NLW) and National Minimum Wage (NMW) came into force based on recommendations by the Low Pay Commission (LPC) in October 2021. The increase is welcomed by many in a cost-of-living crisis; with prices of fuel, energy and more increasing, many are struggling to choose between heating their home or having food to eat.
The hike in the minimum wage comes after PM Boris Johnson promised a “high wage, high skill, high productivity economy that the people of this country need and deserve”.
What is the new minimum wage?
The new rates are listed below:
- National Living Wage – £9.50
- 21–22-Year-old rate – £9.18
- 18–20-Year-old rate – £6.83
- 16–17-Year-old rate – £4.81
- Apprentice rate – £4.81
- Accommodation Offset – £8.70.
The raise will put an extra £1000, on average, into a full-time worker’s pay packet. Although this does sound somewhat considerable, the rise in the cost of living has brought a hike of 7% in prices.
Between October and December 2021, the average weekly pay across Britain dropped by -1.2%, further highlighting the need for an increase in the minimum wage.
What happens if I am getting paid less than minimum wage?
For those over 22, most people who work are entitled to get paid at least the National Minimum Wage. Contrary to popular belief, this includes casual workers, those on zero hours contracts and agency workers.
If you are not getting the minimum wage when you should be, your employer owes you the difference between what you should have been paid and what they have been paying you.
What can I do if I am getting paid less than minimum wage?
The best thing to do initially is to have an informal chat with your employer. Ask them to explain how they have worked out your pay and why they think it is the correct amount.
Even without raising a formal grievance, it is possible to report your employer to HMRC. They may or may not decide to investigate your employer. This is more likely to happen if more than one employee has complained.
If you do not get anywhere, there are some steps you can take:
- Call the Acas Helpline.
The Acas Helpline can help you confirm whether or not you are entitled to the minimum wage.
- Raise a formal issue.
Most employers have a formal grievance procedure. Be sure to raise a grievance, explain why you don’t think you have been paid enough and ask them to pay the difference.
- Fill in the early conciliation form.
You will need to fill in the early conciliation form from Acas. This means that they will check if your employer will agree to a process called ‘early conciliation’. If they agree, you will not have to take them to a tribunal.
- Take your employer to a tribunal.
This should be your last resort. Taking your employer to a tribunal can be stressful and expensive since you must instruct a solicitor for legal representation. Always consider the potential implications before proceeding.
From the day of the most recent underpayment, you have three months minus one day to submit a claim to an employment tribunal. You must have already notified Acas, gone through early conciliation and got an early conciliation certificate.
Contact the Beverley Morris & Co. employment team today if you believe you need to take your employer to a tribunal.
- Take your employer to court.
As mentioned above, there is a time limit within which you have to take your employer to a tribunal. If you miss this deadline but still believe you are entitled to your money, you can take your employer to court. As with a tribunal, this can be very stressful and expensive.
Employment Law Solicitors Blackheath
Click here for more information about how Beverley Morris & Co. employment solicitors can support you.
To contact us today, please call 020 8852 4433 or email enquiries@beverleymorris.co.uk, and we will get back to you.
What do I need to know before buying or leasing a commercial property?
Buying a residential property can be a daunting process, yet purchasing a commercial property can heighten any apprehensions, especially for first-time commercial property buyers. Although it can seem complicated, it can also be very exciting. The best way to ensure your experience is as problem-free as possible is to conduct extensive research.
Here are a few points you should consider before purchasing your commercial property.
Flexibility
If this is your first commercial property purchase, it may seem scary, but always try to think ahead to the future. Do the premises have the potential for your business to expand? Where will your business be in two, five or ten years? Will your original premises remain large enough?
On the other hand, try not to buy more space than you need. Rent is expensive nowadays more than ever; if your business does not require the extra space, consider somewhere else. Alternatively, depending on the type of building, perhaps consider subletting.
Only in a best-case scenario might you find the perfect premises: perfect size, condition, and location. Often, you will have to make compromises to find what is best for your business.
Meanwhile, it would be sensible to consider some health and safety regulations that might prevent you from buying certain premises. For example, some regulations require employees to have enough space at work, so be sure to think about furniture layout and other factors that could interfere with employment law.
Should I lease or buy a commercial property?
Your business and financial situation should determine whether you rent or buy your business premises. For a small or new company, the best option is to opt for a short-term lease. Short-term leases allow you to know whether the space is suitable for you or whether there is too much or too little space. Ideally, you would negotiate a tenant’s right to break the lease before the term end date to be sure.
Long-term leases provide more security; however, always check if there are flexible options for subletting or development.
An older, more established, or larger company might wish to consider buying its premises. Often this is because the business is established in the local area, so they do not want to lose brand recognition by moving.
As an established business, there are benefits to buying a property which include:
- Cost-effectiveness
- Increased control over management and maintenance
- Freedom to adapt the property
- Ability to lease to a third party.
Liquidity
As with residential property, buying and renting commercial property brings very different experiences, both in complexity and financing.
It can be very easy to overspend when purchasing commercial premises; however, in the longer term, and depending on the type of company, it can be more beneficial.
Mortgage lenders ask for 20% of the property’s value, which could be unachievable for some, whilst landlords often require an upfront deposit, monthly rent, insurance rent, and service charges. Therefore, renting requires less capital to be invested but can be more costly in the long run.
There is no one correct answer to the approach one business should take when deciding whether to rent or buy premises. Again, be sure to research and weigh up each option’s advantages and possible disadvantages.
What is the best location for my commercial premises?
There is a trade-off between ideal location and financial viability. In the modern world, it is less essential for many businesses to be located in the centre of a busy high street – thanks to eCommerce and other technological advancements.
However, it is still paramount that your premises are located conveniently for employees, clients and suppliers alongside good transport links. That way, you are more likely to increase your customer base, benefit from solid logistics and provide a reason for employee retention.
It is best if you aim to review the location of your premises as often as possible so as to ensure that you are benefiting from all of the above.
Commercial Property Solicitors Blackheath
When you have decided on the route for your commercial property, get in touch with Beverley Morris & Co. commercial property solicitors in Blackheath Village, London.
Call us on 020 8852 4433 or email enquiries@beverleymorris.co.uk.
Beverley Morris & Co. Reopening Event - 22.03.2022
On Tuesday, 22nd March 2022, we were delighted to welcome Nick Ferrari of LBC radio to officially open our new shopfront premises in Blackheath Village.
Our staff enjoyed an evening of prosecco, canapes and chatting with Nick.
We very much look forward to welcoming present and future clients to our wonderful new premises.
What is the Court of Protection?
The Court of Protection decides whether someone has the mental capacity to make their own decisions. The Court was created under the Mental Health Act 2005.
What does the Court of Protection do?
Suppose the Court of Protection decides that your vulnerable loved one lacks mental capacity and, therefore, the ability to make sound decisions for themselves. In that case, they will appoint a deputy to make financial or welfare decisions on their behalf.
The Court of Protection has various powers. These include the power to:
- Decide whether a person has the mental capacity to make financial or welfare decisions for themselves.
- Appoint a deputy or deputies to make decisions for a person on an ongoing basis.
- Make decisions about disagreements that cannot be settled in any other way. This can be done by using an independent mental capacity advocate.
- Permit a loved one to make a one-off decision for the person in question.
- Handle emergency applications when a decision needs to be made urgently on a person’s behalf.
- Make decisions relating to a lasting or enduring power of attorney, including considering any doubts or potential issues associated with their registration.
- Make decisions regarding applications for statutory Wills or gifts.
- Decide whether a person can be deprived of their liberty under the Mental Capacity Act.
When making these decisions and following the requirements, the Court must always act in the person’s best interests.
Who can apply to the Court of Protection?
Anybody can apply.
If you have a question that the Court has authority to decide (see above for the powers of the Court of Protection), you can apply. You do not need permission to do this if you are the person the Court will decide about and you are over 18. Alternatively, if you are under 18, your legal guardian can apply without permission. An attorney, deputy or anyone named in a Court order relating to the matter can also apply without needing permission.
Anyone unrelated to the matter, e.g. a family member, healthcare trust or local authority, can also apply, but they need permission from the Court to do so.
If somebody brings a matter to the Court of Protection on your behalf because you lack mental capacity, you should still be included. If you have the means to do so, you can hire a solicitor; if not, the Court will consider the extent to which you should be involved and may appoint a representative for you.
Can I appeal the Court of Protection’s decision?
If you want to appeal a decision made by the Court of Protection, you must apply to the Court of Appeal. In this case, you may need permission.
Challenging a decision will require advice and guidance from a solicitor specialising in Court of Protection matters. Your solicitor should help you confirm whether you will be likely to get legal aid for your challenge and how likely you will be to win your case.
If your solicitor believes you are unlikely to win your case, you should not go ahead with a legal challenge as the process could be expensive and stressful.
Court of Protection Solicitor
Beverley Morris & Co., based in Blackheath, London, has a team of specialist Court of Protection solicitors available to guide you through the various aspects of your matter.
Contact us today on 020 8852 4433 or email enquiries@beverleymorris.co.uk to speak with a member of our Court of Protection team. Alternatively, make an online enquiry.
What is litigation?
Litigation is the legal process whereby a dispute is resolved, either by negotiation or, where negotiations fail, by a court. Usually, one party is seeking compensation (known as “damages”) from the other party, or they require that a specific action be taken (or not taken) by the other party.
Whether a matter goes to court depends on the case’s circumstances. Once court proceedings have commenced, it is still possible for a settlement to be reached with the other party. However, if the disputing parties cannot reach a settlement, they will be required to attend a court hearing.
Litigation is used as a last resort to resolve a conflict between parties (personal or business-related). It is used when the parties involved are unable to reach a resolution between themselves, in which case they have the right to approach a court of law to ask them to determine a resolution. A dispute is a civil matter between two opposing parties as opposed to a criminal matter, which is the state versus an individual. A civil case is determined “on the balance of probabilities,” which means that the successful party simply needs to persuade a court that the likelihood of their evidence being true is at least 51%. In a criminal case, a magistrate (or a judge and jury) must be convinced “beyond reasonable doubt”, which means that the prosecution must prove their case conclusively.
What cases can be resolved using litigation?
Civil Disputes can cover a range of issues, including (but not limited to):
- Matrimonial disputes
- Defamation
- Personal Injury or Accidents at Work claims
- Negligence
- Employment disputes
Commercial litigation is used to cover disputes where a company or a business is involved. Typically, commercial disputes are more complex, costly, and lengthy to resolve.
Examples of a commercial litigation claim include (but are not limited to):
- Contract breaches
- Director / Shareholder disputes
- Disputed partnership agreements
What are the stages of taking a case to court?
Civil litigation cases follow a process with the following stages:
- preliminary investigations, looking at alternative dispute resolution and following pre-action protocols
- filing the claim, preparing the case, claim and counter-claim, document disclosure, witness statements, expert reports
- trial preparation, going to trial, enforcement of a judgement, an appeal which may sometimes be followed by a further appeal
What is alternative dispute resolution?
Alternative dispute resolution (ADR) is the umbrella term used to describe the varied ways parties may aim to resolve a dispute without taking the claim to court and having a judge determine the outcome. While courts cannot always force parties to use ADR, they can take a dim view of parties they feel have unreasonably refused to mediate. They have the power to impose sanctions such as preventing them from recovering some or even all of their legal costs.
The most common forms of ADR include both formal and informal methods, examples of which are:
- Informal discussions, where parties agree to meet “without prejudice” (off the record) to see if they can reach a mutual compromise. During these negotiations, the parties may involve their legal representatives, such as an expert dispute resolution solicitor, to try to reach a settlement on which both parties agree, without involving the courts to achieve a result.
- A more formal route, and one of the most common forms of ADR, is mediation, whereby disputing parties agree to appoint an independent third-party mediator. Mediators are impartial people appointed to assist the negotiation process. Mediators do not decide who is right or wrong; it is their job to facilitate a settlement agreement by helping the parties find their own solution instead of imposing one on them.
- In cases where the dispute is more technical – and this is more common in commercial disputes – the parties may agree to appoint an independent expert in the relevant field to decide who is right and wrong and allow the expert to make a binding ruling.
- Arbitration is another formal procedure where parties agree to instruct an arbitrator to determine the outcome of the dispute and make a binding ruling at an arbitration hearing. The Arbitration Act 1996 provides a set of default rules that will apply unless the parties agree to independent rules set by the Arbitrator.
What is the difference between alternative dispute resolution and litigation?
The main difference between litigation and ADR is that litigation is the process of issuing proceedings in the High Court or County Court, with a view to the case eventually reaching a final hearing (“trial”) and a judge deciding whether the claimant succeeds in their claim or not. On the other hand, ADR methods do not use the courts, and the parties can come to an agreement themselves. If dispute resolution fails, the next and final possible solution is litigation.
Litigation can have more cost risks associated with it. Along with one’s own legal fees and court costs, if one loses one’s case, one may be liable to pay one’s opponent’s legal costs (except in some instances such as family law). However, if ADR is unsuitable in certain circumstances, litigation can provide a more definite and legally binding outcome, especially if the other party is uncooperative or disruptive during the negotiation process or is unlikely to respect the decision of a mediator or an arbitrator. A court can take stronger enforcement action if a defendant fails to comply with a court judgment.
When should litigation be used?
As mentioned previously, litigation can often be more expensive than dispute resolution; however, it is highly effective in many cases. A court can provide clarification, including an order that something should or should not be done. It may include the payment of compensation by one party to the other, and it can produce a judgment about who is right or wrong. So, litigation, although expensive, can be highly beneficial when resolving a dispute.
Whatever the issue, a party should always weigh the potential costs of the process against the likelihood of achieving a positive outcome. Claimants also need to be aware of the various limitation periods (time limits) connected to different types of claims. Therefore, seeking expert legal advice early on is essential to ensure that dates are not missed and a claim statute barred. All associated risks, plus the alternative resolution methods, will be explored.
Litigation Solicitors in Blackheath
At Beverley Morris & Co., based in Blackheath, South East London, we have an excellent litigation and dispute resolution team handling simple and complex civil cases, including commercial disputes. Although we specialise in Alternative Dispute Resolution, High Court and County Court actions, we will happily speak to you to find out exactly what your intentions are, including your ideal outcome, to ensure that we help you in the best way we can.
Contact us today for more information about how we can help you with your personal or business-related dispute.
What is the difference between cohabitation and marriage?
What is cohabitation?
Two people are said to be cohabiting when they live together but are not married. They are often in a romantic relationship on a long-term or permanent basis. Cohabitation has become increasingly common in the 21st century due to adjustments in social views.
What rights do cohabitants have?
Unfortunately, despite advancement in the social stance surrounding cohabitation, cohabiting couples have minimal rights surrounding their property, finances or any children they may share.
To ensure cohabitants receive all they are entitled to, if the worst should happen, a cohabitation agreement should be written outlining the precise wishes of each partner to ensure that any property or finances are distributed according to their wishes.
Similarly, cohabitants need to include their exact requirements in a Will to ensure that their executor knows exactly what they wish to leave to their cohabitant.
Learn more about making a Will by clicking here.
What is the difference between marriage and cohabitation?
Unlike cohabitation, marriage automatically introduces a variety of legal rights. Below are some of these rights:
Joint bank accounts:
Married couples with shared bank accounts automatically own the money jointly for as long as they are married. It does not matter who put the money into the account initially.
Death of a spouse:
If one spouse dies without leaving a Will, the other will inherit all or some of the estate, depending on its worth.
Ending the relationship:
Informal separation of a couple would mean that they would remain legally married even if they stopped living together. To formally end the relationship, the couple would need to go to Court to get divorced. Upon a divorce, the Court would have wide powers to distribute the assets of both parties according to their present and future needs and the likelihood of their receiving an inheritance.
Unless set out in a cohabitation agreement or Will, none of these rights applies to a cohabiting couple.
Family Law Solicitors in Blackheath
Beverley Morris & Co. are experienced, competent family law solicitors in Blackheath Village, South East London. If you wish to write a cohabitation agreement, prenuptial agreement or postnuptial agreement or if you are considering embarking on the divorce process, contact us today on +44 (0)20 8852 4433, email us at enquiries@beverleymorris.co.uk or make an online enquiry, and we will call you.
Everything you need to know about no-fault divorce
What is no-fault divorce?
No-fault divorce is a reform of the divorce process that removes the requirement to place blame. Under the new law, couples can apply for a divorce because the marriage has broken down rather than needing it to be based on one of five defined criteria.
No-fault divorce will be introduced after long-running conflicting opinions about “the process being outdated” and it being ‘unnecessarily provocative’ since blame must be placed currently.
It has been argued that since the Children Act 1989 Part 1 Section 1 states that ‘the child’s welfare shall be the court’s paramount consideration’, blame should no longer have to be placed as it might conflict with this primary requirement. The UK parliament passed the Divorce, Dissolution and Separation Act in June 2020, whilst the law comes into effect on the 6th of April 2022.
What is different about no-fault divorce?
No-fault divorce will update the legislation surrounding divorce and the dissolution of civil partnerships, including:
the existing accepted grounds for divorce, including adultery, unreasonable behaviour, desertion, living apart for at least two years (with both parties agreeing) or living apart for five years, will be replaced by the requirement to provide a statement of irretrievable breakdown.
- It will no longer be possible for one party to contest the application for divorce.
- There will now be an option for a joint application.
- The legal jargon surrounding divorce will be updated to plain English. ‘Decree nisi’ will be updated to ‘conditional order’ and ‘decree absolute’ will be known as ‘final order’.
Should I wait for no-fault divorce?
Waiting for no-fault divorce to come into effect may be beneficial since no one needs to be blamed; this will likely lead to a more amicable divorce. Secondly, it may mean that there are reduced legal costs in most cases as discussions about financial settlements and child arrangements are likely to be less contentious due to the removal of the need to place blame. Finally, waiting for no-fault divorce to be implemented may be beneficial if one spouse is likely to object to the divorce (in cases that do not involve adultery).
How can Beverley Morris & Co. help me?
Based in Blackheath, Beverley Morris & Co. have an outstanding family law department on hand to advise and assist you with your divorce, from start to end, including financial settlements, child arrangements and more.
Contact us today for more information about how we could help you with divorce and dissolution.
Is E-Conveyancing ready to become the new normal?
E-Conveyancing would mean that all those involved in the buying and selling process – from the Estate Agent to the Land Registry, would use one central dashboard when ‘doing their bit’. It aims to ensure the process runs smoothly, decrease hassle, and ensure no gaps in the knowledge of any parts of the chain.
However, not so long ago, questions were asked about whether the Conveyancing industry is ready for such a drastic change, with fears that work would get ‘lost in translation’ between each element involved. So, is E-Conveyancing closer than we think, or is there still a way to go?
Features and Benefits of E-Conveyancing.
The company piloting the scheme, Search Acumen, recently unveiled the technology, enabling lawyers to manage the entire Residential Conveyancing process through a dashboard. Multiple sources from the Conveyancing process are involved, including HM Land Registry engagement and post-completion filings (AP1 forms and Stamp Duty Land Tax (SDLT) submissions). It also includes managing client onboarding, local authority searches, title reports, indemnity issues and bank checks. Therefore, it leaves little to be disclosed manually.
Search Acumen has claimed that the digitalisation of the process could mean the workload for each case takes up to five hours less than now, without using the central dashboard. The company’s managing director said, ‘Our residential platform will continue our track record of abolishing antiquated ways of working and empowering legal professionals to have greater control over transaction processes’.
Drawbacks of Digitalised Conveyancing.
However, not so long ago, questions and concerns were raised about how appropriate digitalisation may be, following issues with the Conveyancing process highlighted by the stamp duty holiday, introduced due to coronavirus’s financial and economic hardships. It was argued that Conveyancers struggled whilst hundreds of thousands of transactions were held up. Or, the issue wouldn’t be based on the technology involved, but instead the lack of updates and communication from other actors in the process, for example, the Land Registry or Estate Agents.
So, can digitalisation be genuinely effective if issues remain? What if there are gaps in communication and knowledge of data? Or problems arise with some organisations using the database whilst others don’t? What if the old and arguably outdated regulations fail to support the new E-Conveyancing methods – making it impossible for lawyers to comply?
Conveyancing Solicitor Near Me
Conveyancing will inevitably digitalise in the coming years, alongside various other legal processes. At Beverley Morris & Co., our expert solicitors will continue to ensure the best client care and high-quality legal advice, no matter the process required.
We provide practical solutions to your problems, so contact us today for guidance with your residential conveyancing. Call us on 020 8852 4433 or email us at enquiries@beverleymorris.co.uk.
Beverley Morris & Co. 15th Anniversary!
Happy Birthday, Beverley Morris & Co.!
Fifteen years ago, in February 2007, Beverley Morris and her sister Angela Stanton set up Beverley Morris & Co., based in Blackheath, London. Later that year, they merged with Peter Egan & Co., a well-established law firm based in Lewisham for over 25 years.
Ever since then, Beverley Morris & Co. have consistently provided outstanding legal care across London and the Southeast.
With that, we are excited to announce the opening of the newly improved Blackheath shopfront and offices. The excellent team is ever-expanding and are eager to be facilitating this.
We will share more about the opening in the coming weeks.
Thank you to all the staff, clients, and friends of Beverley Morris & Co. for continuously supporting us over the past 15 years; we hope you continue with us for the next 15 and beyond.
Contact us today for outstanding assistance with your personal and professional legal needs.
Online Will Writing
Online Will writing is a relatively new phenomenon. Still, it increased in popularity due to the outbreak of Coronavirus and the subsequent lockdowns that sent people searching for online solutions for everything. However, according to a report published by Funeral Solution Expert, the increase in reliance on online Will writing has brought the possibility of a significant increase in the number of Wills that are contested.
Moreover, online Will writing is not suitable for most cases as the template is often too simplistic. The report also states that consumers are often not given all (if any) of the relevant information required to make an informed decision regarding their estate. So, what does this mean? And what can be done?
What are the issues surrounding online Will writing?
The report uncovered the concern that people are often relying on online Will writing to save money; often, these people are unaware that the consequences of this could be detrimental to both the personal finances of the client and the outcome of their estate. According to the report, 65% of consumers believe their affairs are simple but, in reality, have complex circumstances. 23% do not read or attempt to understand the terms of the Will they are entering into when signing.
Meanwhile, the online Will writing providers are often asking insufficient questions to the client. Therefore, consumers are often left in the dark about the risks of sticking to such simple templates and guidelines.
Currently, the Wills market is largely unregulated. If there are future issues when the family is carrying out the wishes of the Will, they will have nowhere to complain to nor any right to compensation when an issue arises. This also means that the Will writing companies often fail to include suitability warnings or check the client’s mental capacity to be making the Will – something that could be detrimental to the outcome of an estate.
Will Solicitors Blackheath
We understand the urge to lean towards online Will writing due to the ease and low cost presented to consumers. Although some people have simplistic needs and can choose this option, online Will writing services are ineffective and insufficient for most.
At Beverley Morris & Co., we will provide you with clear, professional, and personal advice on all aspects of making a Will. Our services include inheritance tax, Will trusts and protective property trusts.
To learn more about how we can help you make a Will, call us on 020 8852 4433 or email privateclient@beverleymorris.co.uk.
Alternatively, click here to have your Will questions answered.