Chancel Repairs

Chancel repair liability is the responsibility on some property owners in England and Wales to pay for repairs to the chancel of their local church.  The Chancel is the part of the church reserved for the use of the clergy or choir, and where the altar is placed. Making enquiries of your local PCC to find out if you have potential liability is not advisable, as this may alert them to the need to register their interest, and insurance would not then be able to be obtained. History Historically, the responsibility for the upkeep of a church was divided between the rector (the clergyman in charge of the parish) and the parishioners (the members of the parish).  Subsequently, parishioners' responsibilities were transferred by legislation to the church, but rectors were still responsible for the…

Service Charge Demands

Legislation protects residential tenants from excessive service charges. Before entering into contracts to provide services or carry out works relating to residential properties, you should consider whether you need to consult with your tenants. If you fail to consult when required, you will only be able to recoup the statutory maximum, unless you receive dispensation from the Leasehold Valuation Tribunal (LVT). What is a service charge? A service charge is an amount payable by your tenant as part of or in addition to their rent. Service charges may vary according to the costs or estimated costs incurred in connection with the matters for which the service charge is payable. Service charges must be reasonable You can request that your tenant pays you a service charge for costs you incur for: Services Repairs…

Dismissing An Employee

Dismissing An Employee Lawyers Malton, York & Wetherby When a business wants to make a change to the terms and conditions of its employees, it often goes through a process of consultation, seeking agreement to the changes. If, after the consultation period, all or some of the employees do not agree to the proposed changes, the business may be able to dismiss these employees fairly for some other substantial reason (SOSR), offering employment on new terms and conditions. In a recent case, a company asked its employees to take a 5% pay cut after a fall in the company's sales and profits. Following a company-wide consultation, only two employees refused to agree to the change. The company terminated their employment and offered new terms and conditions on the reduced pay. The Employment Appeal Tribunal held that…

Settlement Agreements Sept 2011

A settlement agreement is the formal name given to a termination agreement between an employer and an employee. Although marked "Without Prejudice" (ie off the record), once signed the agreement becomes binding upon you and your employer. The effect of you signing a settlement agreement is that in exchange for a termination payment and any other benefits which your employer agrees to give you, you will be giving up most, if not all, of your employment-related legal rights. This means that once you have signed the agreement, you will not be able to bring any claim in respect of your employment or its termination in an Employment Tribunal, County Court or High Court. For example, you cannot bring an unfair or wrongful dismissal claim, any form of discrimination claim, any breach of contract claim or claim for…