A judge in Staffordshire has awarded a holidaying couple compensation, after their flight was delayed by 22 hours.

The couple became the first passengers in the UK to be awarded damages from a tour operator for a delay after they successfully sued Thomas Cook for the air fare of £680.

The court victory followed a European Court ruling last October and could now pave the way for thousands of holidaymakers to claim compensation if they face delays of more than three hours for their flights.
Airlines and tour operators will still be able to deny payouts for things out of their control such as bad weather, industrial action and safety or security.

Claims can however, be made on all EU flights which departed since February 17, 2005 where the airline is at fault. Examples of which include; the crew being late, the pilot being sick with no standby pilot available, flight cleaners taking too long or an airline cancelling a flight.

Altaf Patel, partner at MWR Solicitors, Preston said: “People have always been able to make a claim against tour operators and in most cases are refunded for their airfare; however this is the first ruling of its kind in a UK court.

“It’s a significant case as there were a number of passengers on this particular flight, many of whom did not know their rights when it came to claiming compensation.”

“All too often people are fobbed off by the airlines when minor things go wrong. Hopefully this will encourage fair compensation to be offered and paid by the airlines.”

It is estimated that as many as two million people suffer delays of more than three hours when using UK airports each year.

If you have been affected by flight delays and need advice, or you require legal guidance on a variety of civil disputes, contact Altaf Patel on 01772 254201 or visit http://www.mwrlaw.com.

If you think you are owed compensation, use our claim online service today and our expert team will get in touch.

The European Court of Human Rights has delivered a landmark ruling in the case of a Christian who claims she suffered religious discrimination at work after she was made to stop wearing her necklace with a cross.

British Airways employee Nadia Eweida, 60, case was heard, along with three others, by the European Court of Human Rights. The four Christians with differing cases of discrimination said their employers’ actions were against articles nine and 14 of the European Convention on Human Rights, which protects people’s rights to “freedom of thought, conscience and religion”.

Lawyers for the government, which contested the claim, argued her rights were only protected in private. But judges ruled there had been a violation by five votes to two. The three other cases were unsuccessful.

Sadiq Vohra, employment law expert at MWR Solicitors said: “This landmark ruling could shape UK equality law – it’s a fair result in favour of equal treatment and religious freedom. In Ms Ewieda’s case, her wearing of the cross did not encroach on her work duties or the interests of others as it did in the other failed cases.

“No one should be unreasonably discriminated against in the workplace, whether that’s with regard to faith, age, race, disability, sexuality or gender. All employers have clear legal duties to treat employees fairly and this case highlights failure to do so.

“The judgement may help other religious believers stay true to their faith and religious principles in the modern British workplace. In the future if an employer wants to prevent an employee from wearing a religious symbol for corporate image purposes, it may have to prove that its corporate image has been negatively affected or it’s a risk to health and safety.”

For advice on any element of employment law contact Sadiq Vohra on 01772 254201 or email sadiq.vohra@mwrlaw.com

Here, we look at some of the more significant ones:

Redundancy

From February there will be an increase in the amount of week’s pay used to calculate statutory redundancy payments.

The 90 days consultation period for collective redundancies of 100 or more employees is being reduced to 45 days. This change is due to come into effect in April.

Tribunals and harassment

In March there will be a rise in tribunal compensation limits from £72,300 to £74,200.

Anyone going to a tribunal will face two sets of costs associated with that.  They will have to pay an initial fee to issue a claim, and another fee if it goes to a hearing. It’s expected that this will come into force in the summer.

Employers will also no longer be liable for third party harassment, and discrimination questionnaires are being scrapped.

Parental leave

Also in March, the right to unpaid parental leave will be increased to 18 weeks per parent, per child.

There will also be an extension to the right to request flexible leave to agency workers who return from parental leave.

Statutory maternity, paternity and adoption pay is also due to go up from £135.45 to £136.78 per week.

Sickness

Statutory sick pay is to go up from £85.85 to £86.70 per week from April.

The government also has a number of other pieces of draft legislation in consultation, so there may well be more announcements made later in the year on top of these.

If you have concerns about the changes, or require advice on any other aspect of employment law, contact Sadiq Vohra on 01772 254201 or visit http://www.mwrlaw.com.

If you think you are owed compensation, use our claim online service today and our expert team will get in touch.

Visiting a gym or leisure centre should be a safe and fun experience and visitors should be protected from harm by robust safety measures. MWR’s Annette Thompson explains:

Your gym should:

•    Ask members questions relevant to their health to avoid illness or injury.
•    Provide an adequate induction process.
•    Warn visitors about health risks when exercising or using equipment.
•    Prevent the use of machinery or equipment if it has not passed certified checks.
•    Maintain all equipment and ensure floors are kept clean, dry and free from clutter.

If you have suffered an injury following an accident in a gym or leisure centre, you may be able to receive compensation for:

•    Pain and suffering caused by the injury.
•    The effect the injury has had on your day to day life.
•    Loss of earnings if you have been unable to work.
•    Property damage.
•    Medical / travel expenses.
•    Loss of earnings of your carer (e.g. a relative or friend.)

Success story

MWR Solicitors recently recovered damages on behalf of a client who used a bench press machine. The wire carrying the weights suddenly snapped and the jolt caused a severe back injury.

The gym alleged that it had carried out visual checks of equipment on a daily basis and that the wire was showing no signs of wear.  Staff at the gym also said that the wires were replaced every 6 to 9 months as a precaution. However, when the gym disclosed evidence in support of this, it showed that an engineer had inspected the bench press and decided that there was no need for the wire to be replaced.

This contradicted its argument and the case was settled with the client’s claim for compensation being successful.

This case highlights the need for proper legal advice.  It is likely that the individual concerned would have simply accepted the denial of liability at face value and dropped the claim so it’s fortunate that legal advice was available.

From April 2013, the way compensation claims are funded will change and as a result claimants may see a rise in legal fees and be unable to claim 100 per cent of the compensation.

If you have suffered an injury this year and would like legal advice, get in touch with the experts today by calling 01772 254201 or emailing advice@mwrlaw.com

Workers around the county will be on countdown to Christmas but are you entitled to time off during the festive season? Employment law expert, Sadiq Vohra from explains:

Each year, the UK has six permanent bank holidays in England and Wales with Christmas Day and Good Friday are public holidays. Contrary to belief, an employee is not however entitled to a day off on these days.
Unfortunately workers don’t have an automatic right to paid leave on bank and public holidays, though many people receive the day off work. Any right to time off or extra pay for working on a bank holiday depends on the terms of your contract of employment.

If for example, your contract states that you are entitled to “28 days holiday plus all bank and public holidays” you should have the contractual right to take the Christmas bank holidays off work. But if the wording in your contract differs and instead states that you are entitled to take “Christmas day as bank holiday” the extra public holidays surrounding Christmas may not included, even if Christmas day falls on a weekend.

It is therefore wise for workers to carefully read the wording of their contract before automatically assuming that they are entitled to the day off work.

It is also worth noting that in order to qualify for the right to annual leave you need to be classed as a worker. If you are self-employed, you have no statutory right to paid leave for bank holidays.

For advice on employment law contact Sadiq Vohra on 01772 254201 or visit http://www.mwrlaw.com

With the Met Office issuing an amber warning for the North of England and treacherous conditions ahead, it’s time to prepare your vehicle for bad weather and take extra care when driving on Lancashire’s roads. Howard Moorby, road traffic accident specialist from Preston’s MWR Solicitors, explains:

The number of people killed on roads has risen. According to Government figures, 1,901 people were killed on Britain’s roads in the last year. That is 51 more than the year before and the first rise since 2003.The hazardous winter conditions have been said to have played a part in the increase.

British winters are becoming increasingly challenging for motorists so drivers need to be prepared before they head out on the roads.

Weather conditions can be unpredictable, placing extra demands on your vehicle and your driving skills. It’s extremely important to prepare for winter and avoid unsafe situations.

Ensure you are well prepared for icy roads and always adjust your driving speed to existing conditions.

A number of drivers in Lancashire fail to get their vehicles ready for winter and see it as an expense prior to Christmas, however remember that if your brakes, lights, wipers and radiators stop working in severe ice or snow you could be putting others in danger.

If you have been involved in an accident, don’t panic, we will advise you on what to do and guide you on claiming compensation for any injuries you suffer and any losses you incur. This includes; loss of earnings, repair costs, prescription charges, replacement car hire and, with cases involving serious injury, the cost of private medical care together with any ongoing treatment.

For further information and expert advice call 01772 254201 or email howard.moorby@mwrlaw.com

It’s that time of year when we hit the internet to grab Christmas presents for the family but what should shoppers look out for when buying something online? Partner at MWR, Altaf Patel, shares his top tips on how you can protect yourself.

What is and isn’t covered by the Distance Selling Regulations?

You are covered by the Distance Selling Regulations if you are sold products or services without face to face contact e.g. internet, text message, phone call, fax and interactive TV or mail order.

Some of the things that aren’t covered are; business to business contracts, sale of land, financial services contracts and online auction sales.

What information should I have before I decide to complete an online purchase?

•    Sufficient detail to enable you to identify the business you are dealing with.
•    A description of the main characteristics of the goods or services.
•    The price of the goods or services, including delivery costs.
•    Details of how payments can be made.
•    If payments are to be made in advance- the full geographical address of the business.
•    A right to cancel where applicable.
•    The inclusive cost of a premium rate phone number.
•    How long the price or offer remains valid.
•    Minimum duration of a contract where goods or services provided permanently or recurrently e.g mobile phone or satellite TV contract.
•    A written statement showing that the business will pay your cost of returning goods supplied as substitutes if the goods or services you originally order are unavailable.

What should I receive after I buy something?

•    Email or fax confirmation of your proposed order.
•    When and how to exercise your right to cancel, plus information on whether you need to return the goods.
•    If you cancel a services contract, the consequences of agreeing to a service starting before the end of the usual 7 working day cancellation period.
•    Details of any guarantees or after sales service.
•    The geographic address of the business to which complaints can be sent.
•    If the contract is to last more than a year or is open ended, the contractual conditions for terminating it.

Are there time limits for cancelling the goods ordered?

•    7 working days is the norm, assuming you received the required written information no later than when goods were delivered.
•    7 working days from the day after you receive the written information to cancel.
•    3 months of the goods being delivered if no written information was provided at the time goods were delivered.
•    3 months and 7 days from when you receive goods if no written information to cancel was provided at all.

What about if it’s a service, rather than a product?

•    7 working days from the day after the contract concluded if you received written information on cancellation on or before the day the contract is concluded.
•    3 months if the information was received after the contract was concluded.

How should I cancel?

•    Always cancel by writing or by sending an email, if you ring your call may not be recorded.

When can you not cancel?

When you have purchased the following:
•    Goods or services where the price depends on the fluctuations in the financial markets which cannot be controlled by the supplier.
•    Supply of goods made to your specification e.g custom made blinds or curtains.
•    Perishable goods e.g fresh foods or fresh cut flowers.
•    Audio or video recordings or computer software that you have unsealed.
•    Newspapers, periodicals and magazines.
•    Gaming, betting and lottery services.

Should I receive anything after cancelling?

•    You should receive the full price of goods, deposit or prepayment including the cost of delivery.
•    You must receive this ASAP and within a maximum of 30 days;

Please note, you must take reasonable care of the goods being returned.

Be aware that individual cases do vary so for more comprehensive legal advice speak to one of our experts, call today on 01772 254201 or email altaf.patel@mwrlaw.com.

If you think you are owed compensation, use our claim online service today and our expert team will get in touch.