Legal News - November 2010

What is the current legal position regarding ‘Pre Nups’?
Date: 25/11/2010

Karin Radmacher, a German Newspaper heiress has successfully defended a claim by her former husband Nicolas Grantino where he challenged the Court of Appeal’s decision to uphold a pre-nuptial agreement.

The Supreme Court decision in this case seems to have shifted the law to a position where a pre-nuptial or post-nuptial agreement will be upheld unless it can be shown to be unfair. Thus we have moved away from the agreement being a circumstance of the case, albeit a “magnetic one”.

This will place huge emphasis upon the drafting of these agreements. If you understate the provision to meet the needs of the financially weaker party you will still (potentially) fall foul of the court refusing to uphold on the ground that the outcome is manifestly unfair.

This case has attracted much media attention, but whether pre-nuptial or post-nuptial agreements become the norm for marrying couples other than the very wealthy, only time will tell.

For further information and advice contact Peter Dymock.

Are you recruiting staff based upon attractiveness? – Beware!
Date: 25/11/2010

Many employers believe they have the recruitment process down to a fine art, however it seems that this may not be the case.

A recent poll of 1256 employers* revealed the following top five deciding factors in selecting the best candidate for a job;

Ability to do the job.
Qualifications.
Social skills.
Physical appearance.
Hygiene.

The worrying statistic is that 67% of employers admitted to being inclined to give a more attractive person the job if up against a candidate with equal strengths. This may be consciously or unconsciously but nonetheless it is a risky subjective criteria to rely upon.

From an employment law perspective, it can easily lead to potential discrimination on grounds such as sex, race or disability. Applicants do have protection from discrimination and they are entitled to bring claims in Tribunals. As examples, a facial disfigurement is actually deemed as a disability; whilst a factor like obesity need only have a substantial adverse affect on day to day activities and be long term to qualify as a disability.

Follow these preparatory hints below to help reduce the risk of any potential claim:

Ensure you select your interview panel carefully and consider whether they are capable of handling the recruitment process.
Do not be afraid to consider training anyone involved in the recruitment process.
The interview panel should prepare their questions beforehand ensuring they are objective and non-discriminatory.
Prepare a job description and person specification. Ensure that the panel are familiar with this and utilise these in making their decision.
Keep records of the interviews notes for at least 6 months. Candidates often request feed-back and this is where the majority of employers slip up and claims arise.

The benefits of getting the process right are that you are more likely to recruit the candidate that fits the role and save costs on management and further recruitment in the long term.

If you require employment advice please contact Peter Dymock.

* Research conducted by HireScores.com

The risks of not having a Will
Date: 25/11/2010

Without a Will you have no control over what happens to your property or possessions when you are gone. Instead, the law will decide who will administer your estate and who will benefit in a strict order of priority, regardless of any intentions you may have had.

Without a Will:

Your unmarried partner will not benefit from your property or possessions at all
Your spouse or civil partner may not inherit all of your property and possessions
The family home may have to be sold to distribute your estate according to the law
Your estate could end up going to those you did not wish to benefit
The Court will appoint Guardians for your children under 18 – they may not be people you would have chosen
Children from a previous marriage may not receive anything at all
You have no control over who administers your estate
The administration of your estate can become more complicated
Your funeral arrangements may not be as you would have wished

When there is no Will, strict inheritance laws called the Rules of Intestacy apply. These rules dictate who can administer your estate and who can benefit.

Contact Vivien Bradley-Shaw for specialist advice on making your Will.