Legal News - April 2010
Employment claims hit all time high
Date: 27/04/2011
The number of claims lodged at the Employment Tribunal (ET) rocketed to 236,100 during 2009-10, representing an all-time high.
In his annual report senior president of tribunals Lord Justice Carnwath revealed the figure represents an increase of 56 per cent on the 151,000 claims filed the preceding year.
The upward trend continued into the first three months of 2010-11, with the number of claims lodged up by four per cent from 42,500 to 44,306.
The number of appeals lodged at the Employment Appeals Tribunal (EAT) also jumped, rising 10 per cent during 2009-10 to 1,963.
The highest proportion of claims at the EAT, 20 per cent, concerned unfair dismissal matters with discrimination claims, including mass equal pay claims, accounting for 24 per cent.
If you think that you may have a claim against your employer or if you are an employer wanting to defend a claim then contact Peter Dymock for professional legal advice.
Landlords supported by landmark ruling
Date: 27/04/2011
A recent court case has seen a landmark ruling which could end the practise of fining residential landlords if they fail to pay their tenants’ deposits into a statutory scheme and tell the tenant about that scheme within 14 days.
Until the ruling, private landlords who hadn’t gone ahead and put the deposit into a Tenancy Deposit Scheme and then informed the tenant within 14 days could be forced to pay their tenant 3 times the deposit amount as a penalty – as set out in the Housing Act 2004.
In recent cases tenants have taken their landlords to court for their failure to place deposit money in a secure scheme. However the Court of Appeal has judged that providing a landlord complies with the ‘initial requirements’ of the scheme before a tenant’s court case is heard, including informing the tenant about the scheme, then the landlord will not be subject to pay the penalty amount.
This is a decision that will be welcomed by landlords because, although there is still potential for a court to impose the penalty of 3 times the deposit, it’s unlikely to happen. Though, of course, this is by no means suggesting that landlords should avoid paying deposits into a Tenancy Deposit Scheme.
In fact, landlords should continue to protect themselves by complying with the scheme and 14 day time limit, as tenants often use this legislation as a ‘loophole’ to avoid paying rent arrears. Also, if a landlord wishes to regain possession of a property, under Section 21 of the Housing Act, if he has not protected a tenant’s deposit then a standard notice served under Section 21 will be rendered invalid. So removing tenants from a property will be even more difficult if the landlord has not followed the regulations properly.
So whilst the new ruling is good news for landlords, it’s recommended that all landlords should still place monies in a Tenancy Deposit Scheme and inform their tenants within the set time limit.
If you require any assistance on Landlord and Tenant matters then please contact Michael Rowland for professional advice.
Family Mediation shakeup now in force
Date: 27/04/2011
As of 6th April 2011 all couples who separate will now have no alternative but to consider mediation before being able to issue court applications to settle disputes arising from their separation.
Couples will not be able simply to instigate applications at court without first investigating mediation by attending an initial session with a provider to discover the advantages of the process and whether in the circumstances of their case it is suitable for them.
This is a system which is currently in force for those clients who are legally aided. Before an application can be made to court under the new system the party applying must provide the court with evidence that mediation has been considered and is not regarded as suitable.
If you need advice about a relationship breakdown contact Peter Dymock for personal and professional advice.