I am very pleased with your service. 

This is the first insurance claim I have been involved with, I was most impressed with the courtesy and professionalism extended to me by MWR. 

Thank you all @ MWR, each time I have needed to contact you, the service has been 1st class. 

Thank you for keeping at it and doing a good job, and the one to one contact was very encouraging. 

Excellent service, friendly and easy to talk to staff.  Kept fully informed of the case progress throughout, excellent advice given. 

My Will was made simple for me. Being a sensitive subject, no one wants to think about dying, it was handled with care and sensitivity.  She even made the initial meeting fun, not scary at all. 

I just wanted to say that she has been nothing but helpful, informative and pushed my sale through extremely quickly, thanks very much. 

Well done. You did a cracking job under the circumstances!! We have already recommended you to 3 of our friends. 

I am amazed at how quickly this matter has been dealt with, well done and thanks MWR. 

Very pleased with the service provided and found you very clear and made everything easily understood. 

Just to say that I am completely satisfied in the handling of my case and I would like to thank everyone involved. 

Very pleased with your service – Excellent. 

Thank you very much for all your help over the last few months.  At times I believed we would come out of this with nothing.  The whole situation of losing my job has been such an awful experience but one that we have won and now I can hopefully move on.  Thanks very much. 

Fantastic service, well informed and feel that you had my best interests in focus at all times.  Thank you. 

I think your service has been first rate and with my particular circumstances very discreet.  I thank everybody involved for their hard work and dedication which brought about a great conclusion to my case, I thank you all again.  All the best for the future. 

Thank you for all your help over the last few months.  Your direct and personal service was much appreciated. 

I have been very impressed by the service I have received from MWR regarding my claim for industrial deafness. If I needed to speak to Mr Greaves or any other member of staff on any relevant matter the services was first class.  I have no hesitation to recommend MWR to any of my friends. 

To thank you very much, excellent services overall and would recommend you to other people.

In an interview on the BBC Radio 4’s Today programme recently, junior justice minister Bridget Prentice said that increasing life expectancy means that every person in Britain should have a Lasting Power of Attorney in place, ready to be used when necessary. 

So what is a lasting power of attorney?  Well imagine one day you are involved in a bad accident and are hospitalised. Your bills mount up, your house sale falls through, and you cannot communicate your wishes. Who can speak for you and who can sign your cheques and documents?   

A lasting power of attorney gives you the opportunity to appoint someone to sign cheques and other documents on your behalf and even to decide if you should receive life sustaining treatment.  This person is the attorney. 

The lasting power of attorney is a safety net and operates whenever you are unable to act. For example, if you are out of the country for long periods, when you are elderly and no longer mobile, or when you do not have the capacity to act.  

The attorney’s are chosen by you and normally two are appointed. You can also appoint replacement attorneys if original attorneys can no longer act.  Restrictions can also be placed on what you wish the attorneys to do.  

The power consists of several documents containing your wishes and details of the attorneys. As a safeguard, a friend or professional person has to be notified that you are taking out a power of attorney and a certificate provider, such as a doctor or solicitor, certifies that you are able to understand the power of attorney. 

If you become mentally incapable and do not have a power of attorney, one will be appointed by the Court of Protection. The cost of this process alone can exceed £1,500.00.  If you appoint an attorney yourself it is cheaper and quicker and puts your mind at rest. 

For more information on lasting power of attorney, or any other legal matter, call MWR Solicitors on 01772 254201.

Congratulations to Chris Joyce, a sports-mad doctor who has won the ‘sprint’ event in the 20-24 men’s age group at this month’s European Triathlon Championships in Athlone, Ireland.

MWR sponsored Chris to pay for a coach as part of his stamina and endurance training. His long-term ambition is to represent Britain in the senior elite triathlon team.

Altaf Patel, partner at MWR said: “It is clear Chris is a very dedicated athlete and after watching him train on a regular basis, he has the talent to achieve his ambition to become a successful professional, elite triathlete”

During his training, Joyce, who also has a Sports and Science degree, is also aiming to become a full-time sports doctor. He will begin work at the Royal Preston Hospital this summer.

Follow the link to the full story: http://www.lep.co.uk/sport/chris_is_managing_to_combine_talents_1_838815

The Emergency Budget – key points to note:

So what are the government’s key spending reforms we should keep an eye on over the next year? The list below is by no means exhaustive but it pulls out a couple of key, select reforms that have been announced by the government.

Personal allowance
Everybody who earns an income in England is entitled to receive a fixed amount of that income tax free. This is what is called a Personal Allowance. Under the new budget, the government intends to raise the Personal Allowance in April 2011, for people under the age of 65 from £6475 to £7475.

Public sector pensions
A Commission has been set up to consider the cost of public sector pensions. According to government websites, an initial report will be available around September 2010 and a full report is intended to be available before the next budget is announced.

State pension age
The previous government had intended for the state pension age to be increased from 65 to age 66 and for this to be introduced between April 2024 and April 2026. The new Coalition government now intends to begin consultation into whether it is possible to introduce this rise sooner.

Default retirement age
Although we currently have laws in place to allow employees to request that they work beyond the age of 65, the UK law does still allow employers to make employees retire at the age of 65. The new Coalition government has announced that it plans to consult on whether the default retirement age should be phased out.

Public sector pay
It has been announced that there will be a 2 year public sector pay freeze. This will apply to all public sector workers who earn more than £21,000 per annum.

National insurance threshold
Employers are currently obliged to pay national insurance contributions for all employees who received over £110.00 per week. This is called the national insurance threshold. Under the new budget, the government intends to raise the national insurance threshold to £21.00 above indexation from April 2011.

Further information can be found at the direct.gov website which can be found via the following link

http://www.direct.gov.uk/en/Nl1/Newsroom/Budget/Budget2010/DG_186500

Time limits for submitting a claim to the employment tribunal

On 25th May 2010, the Employment Appeals Tribunal (EAT) handed down its decision in the case of Northamptonshire County Council v Entwhistle [UKEAT/0540/09/ZT]. In their judgment, the EAT held that even if an employer mistakenly informs a dismissed employee that the time limit for lodging an unfair dismissal claim at tribunal runs from the date of the outcome of an appeal, an employee must still lodge their claim at tribunal within the 3 months from the effective date of termination which will be the first date that an employee is dismissed.

http://www.employmentappeals.gov.uk/Public/Upload/09_0540wwfhSBZT.doc

A further case on the time limit point is the recent case of Wedgewood v Minstergate Hull Ltd [UKEAT/0137/10/DA UKEAT/0174/10] , for which judgment was handed down by the EAT on 13th July 2010. In this case, the claimant received a letter on 26th November 2008 stating that he was being released from his contract of employment from that date and that he would be paid up until the end of his notice period which expired on 1st December 2008. The claimant submitted a claim to the employment tribunal on 28th February 2009 which the tribunal in the first instance held was submitted out of the 3 month time limit for submitting the claim. However, the EAT on appeal has held that the effective date of termination in this case was 1st December 2008 and that by releasing an employee from working their notice period did not alter the effective date of termination.

http://www.employmentappeals.gov.uk/Public/Upload/10_0137and0174rjfhSBDA.doc

These recent cases simply send a warning beacon to all regarding the time limits for lodging employment tribunal claims.

A perceived disability does not entitle an employee to be brought under the Disability Discrimination Act

The case of Aitken v The Commissioner of Police of the Metropolis [UKEAT/0226/09] was handed down by the EAT on 21st June 2010. In this case, the appellant had been mistakenly perceived to have been suffering from a disability and pleaded that he had suffered detrimental treatment as a result of this mistaken perception. The EAT held that treatment on the basis of a mistaken perception did not fall within the definition of direct discrimination or disability related discrimination under the DDA 1995.

This case should not be confused with cases involving other types of discrimination (e.g. sexual orientation discrimination) in which the tribunal have held that treatment on the grounds of a perception amounts to discrimination.

http://www.employmentappeals.gov.uk/Public/Upload/09_0226rjfhSBZT.doc

Picture: Terry McKenzie

An enginneering contract worker who was sacked after suffering racial discrimination while on a placement has won compensation.

An employment tribunal ruled that Terry McKenzie, who was represented by MWR Solicitors, suffered discrimination when he was dismissed by Rullion Engineering Personnel Ltd after a dispute while he was working on a placement at Alstom Engineering.

The tribunal also ruled that Mr McKenzie, who is of Afro-Caribbean origin, was further discriminated against when Rullion failed to investigate his formal complaint relating to racial mistreatment while on the same placement.

Mr McKenzie, 40, of Preston, told the tribunal he was treated less fairly than other staff at Alstom when he was asked to do jobs that no one else wanted to do, such as cleaning up. In another incident, Mr McKenzie said he was accused of being a drug dealer because he had bought a new car. The tribunal ruled that this was discriminatory because it stereotyped Mr McKenzie’s racial origin.

In a third incident, two workers at Alstom who had been disciplined by management for using Facebook at work wrongly blamed Mr McKenzie for getting them into trouble. Even though McKenzie knew nothing about the Facebook incident, one of the two workers urged the other to smash Mr McKenzie’s windscreen.

The tribunal was told that Mr McKenzie wrote to Rullion management setting out his concerns, but nothing was done.

Two months later, on April 22, 2009, Mr McKenzie alleged that he was spoken to disrespectfully and condescendingly by another worker at Alstom. Mr McKenzie asked the other worker not to do this and the following day he was dismissed by Rullion.

Mr McKenzie again wrote formally to Rullion’s management, but his concerns were not investigated, the tribunal heard.

Sadiq Vohra, a solicitor with Preston-based MWR Solicitors, who represented Mr McKenzie, said: “In this case the employer failed to act on Mr McKenzie’s written concerns that he was the victim of racial discrimination while on placement at another company.

“As well as emphasising to businesses that they must work within the law, this case should also serve to remind employees that they are protected by law and should not be discouraged from seeking legal advice if they believe they have been discriminated against.”

Mr McKenzie’s hearing took place in Manchester on February 12, 2010 and the judgment was issued on May 26, 2010. The level of compensation will be decided at a further hearing.

MWR has received a leading industry accreditation in recognition for its commitment to quality standards and client service.

The firm has been given a Lexcel accreditation by the Law Society, which is only awarded to law firms that meet the highest management, risk management and customer care standards. The rigorous independent process is repeated every year to ensure firms continue to meet the high standards.

Jane Booker, a partner at MWR Solicitors, said: “We are always working hard to ensure our service is first class and our processes are robust and efficient. We are extremely pleased to be awarded this accreditation which adds to our IS09001 accreditation which we have held since 1994 and Investors in People which we have held since 1998.

A varied addition of our e-mail update for you this month. The big news of course has been the change in government that took place last month with the Conservative Party and Liberal Democrats forming our new Coalition Government. Let’s wait and see what the new government can bring to the table with regards employment rights. In the meantime, here are a few snap shots of recent cases through the Court of Appeal / Employment Appeals Tribunal.

From sick notes to Fit notes

You will recall that we reported in our April bulletin on the introduction of the new “fit note”. The new fit note regime has now been in nearly 2 months and so we would urge representatives to consider whether the new fit note regime now has an impact on any of their policies within the workplace for example, sickness policy, disability policy, absence procedure.

If you need any assistance with this, please do not hesitate to contact us for assistance.

Equal Pay

Last month, the EAT handed down it’s decision in the case of City of Edinburgh v Wilkison & Ors which is a case addressing how equal pay comparators can be identified. This is a case where “Administrative, Technical, Professional and Clerical” workers tried to compare themselves to male workers employed in “manual jobs” such as gardeners, refuse collectors and grave diggers.

In her judgment, the honourable Lady Smith further expanded the current rationale regarding how comparators can be identified in equal pay cases. In her judgment, Lady Smith made a number of leading assertions, perhaps the most interesting of which was that she held that the starting point for determining whether a claimant and their comparator worked in the same “establishment” in cases brought against a Council, must be that they do work in the same establishment and the presumption should only be set aside if facts show that there were different establishments.

The honourable Lady Smith has been a rather prominent figure in leading equal pay judgments of late.

http://www.employmentappeals.gov.uk/Public/Upload/UKEATS000209BI(Revised)EDINCCvMsWilkinsonothersFINAL.doc

Salford NHS Trust v Roldan

A Court of Appeal case decided last month has provided guidance when dealing with fairness dismissals at tribunal.

Firstly the Appeal court confirmed that the more serious the consequences of dismissal are for an employee, the more thorough an investigation should be conducted. This was a case that involved a Fillipino nurse who was at risk of deportation if she was dismissed.

The second proposition established in this case was that if there is a conflict of evidence between the accounts of 2 witnesses, an employer does not have to believe one witness in order to disbelieve the other. The Court confirmed that in these circumstances it would be acceptable to give the alleged wrongdoer the ‘benefit of the doubt’.

http://www.bailii.org/ew/cases/EWCA/Civ/2010/522.html

Disability Discrimination

The EAT handed down their judgment at the end of April in the case of Chief Constable of South Yorkshire Police v Jelic which is case involving disability discrimination and reasonable adjustments. In this case, the EAT confirmed that job swapping could amount to a reasonable adjustment in the workplace and such an adjustment was not beyond the intention of parliament when the Disability Discrimination Act was conceived. The EAT also found that retiring an employee on the grounds of ill health and then re-engaging them in a new role could not be a reasonable adjustment.

http://www.employmentappeals.gov.uk/Public/Upload/09_0491RJSBCEAJelic.doc

A GROUP of local professional and amateur sports stars have thrown their weight behind a scheme that enables sports clubs and community groups to obtain funds for their clubs.

Scotland female hockey professionals, Hannah and Nicole Pike; Steve Daley, the England Partially Sighted Futsal team captain; Preston Harriers runner Gema Adams; and aspiring GB athlete, Chris Joyce, all gathered at the launch event of Funds4Clubs at Preston North End.

Over 60 guests heard how organisers, Preston law firm MWR Solicitors, will make donations to clubs or groups every time one of their members, friends or family uses the legal services of MWR.

MWR, based on Cannon Street, supports a number of local community initiatives. The firm is the main sponsor of the Preston Sports Awards, sponsor of the Preston City Indoor Games, founders of the Kricket 4 Kenya charity, and have supported various events for schools and colleges run by Preston City Council.

Altaf Patel, a partner at MWR Solicitors: “It’s an innovative scheme and strengthens our commitment to supporting our local community. We hope it will make a huge difference to clubs and groups across the region.

The scheme is available to any sporting or recreational group including cricket clubs, arts and crafts groups, dance groups, school PTAs and brownies.

Nicole Pike said: “Sports clubs and community groups are constantly in need of donations so this scheme will provide much needed help. It’s an excellent idea.”

MWR Solicitors specialises in advising sufferers of accidents at work, road traffic accidents, personal injury and employment disputes, as well as providing advice on wills and probate, conveyancing and family law. It was established in 1912.

For more information on the Funds 4 Clubs scheme, contact Jayne Raven on 01772 254201 or jayne.raven@mwrlaw.com