Employment Tribunal rules refusal of part-time work not discriminatory

Trusts and Estates Newsletter published from HM Revenue and Customs (HMRC)

Single remission system to encourage people who can afford to pay fee to do so

Cautions by police to offenders will be reviewed

EU Parental Leave Directive for unpaid parental leave of 18 weeks comes into force

Restrictions on health and welfare benefits in case of EU immigrants to apply to UK citizens as well

“Rights to light” becoming an impediment to urban development says law commission

Can private criminal prosecution applied to some areas of family law matters?

Enhanced criminal record reporting case to be heard in the Supreme Court

UKBA to be statutorily bound by duty to safeguard the welfare of children the DCSF and Home Office announce

Conveyancing and indemnity insurance

Subsidence a real risk needed to be checked during due diligence

Care agencies employing convicted offenders for their care homes - watchdog inspection finds

Victims of torture being held at Centres in breach of government rules say a charity

A research by a think tank says that divorce rates have been plunging in modern men as they were sure of what they wanted

Christian may opt out of the job if they felt their religious belief was compromised says government lawyers

Government and Judiciary on collusion course on victims of crimes support proposals

Right to buy scheme not taking off despite government’s efforts says critics

English language skills for overseas students seeking visas to be assessed by untrained immigrant officers

The HMRC has said that under the clause of Commissioners for Revenue and Customs Act 2005 disclosure of tax affairs was not a breach of its obligation of secrecy

Age discrimination could become a major problem for the flagship scheme Youth Contract which is aimed at 18 – 24 years old

Courts are being forced to close during Olympics in fear of traffic chaos

Scams targeting people across the planet is estimated costing £73 billion a year

I am single can I adopt - Children & Adoption Act 2004

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Mrs Suvari who worked for ICE Markets (IM) as a sales executive, selling software to traders and brokers in the financial services sector, had to go on maternity leave and on return, she requested to return to her role part time, working three days a week. Her request was refused on the grounds that ICE Markets did not believe the role could be done in three day week basis as it put much burden on other sales executive and would have adverse impact on customer service and performance.

 

 

 

The topic in the newsletter included
• changes to the 2012/13 trust and estate tax return
• new inheritance tax form IHT 408
• inheritance tax treatment of usufructs
• dealing with the income tax and/or capital gains tax liability of a deceased person’s estate
• changes to handling post for open enquiry cases

 

 

 

A new plan has been unveiled today for the introduction of a single remission system operated by her Majesty’s Courts and Tribunal services where people who can afford to pay their civil court or tribunal fees will be expected to do so
A consultation published today has set up proposals for fee remissions / waivers for courts and tribunals which are better targeted, fairer for the taxpayer and easy for users to understand.

 

 

 

Justice Secretary wants steps taken to bring more suspects before the courts instead of letting them go with a warning
Cautions, issued at the discretion of police, are a way of sanctioning criminals without going to court but concerns have been raised that they are being used to deal with repeat offenders and for those who commit serious crimes, contrary to advice.

 

 

 

The unpaid parental leave entitlement of 18 weeks from earlier 13 weeks has come into force since yesterday.

Working parents who have been employed for a year or more are now entitled to take unpaid parental leave to care for their children which are additional entitlement to any other maternity, paternity or adoption leave they may qualify for.

 

 

 

Downing Street has drawn up plans to restrict health and welfare benefits for immigrants from European Union states which would be applicable equally to UK citizens under EU law.
The proposed changes are expected to be rushed in before Bulgarian and Romanian citizens could gain full rights to move into the UK at the end of the year amid growing concern by the public about the so-called ‘welfare tourism’

 

 

 

Urban development was having a disproportionately negative impact due to the exploitation of existing laws on rights to light the Law Commission has said.
For more than 400 years rights to light have been gained by any householders who have enjoyed unobstructed sunlight through their windows for decades.

 

 

 

Private criminal prosecution is being used more frequently in commercial disputes as an additional measure as an alternative to conventional civil litigation. A group of Family lawyers have argued on how it could be applied to financial disputes in matrimony cases in some exceptional cases.

 

 

 

The Court of Appeal has ruled that enhanced criminal records checks enabling the police to give details of cautions and warnings to potential employers, was in breach of the persons human rights.

One such example involved a warning given to a man T’ who was a boy aged 11 over two stolen bicycles in another case an adult ‘JB’, was cautioned for shoplifting, was reported.

 

 

 

The DCSF and the Home Office have announced that the UK Border Agency will have a statutory duty to safeguard the welfare of children. The change will be introduced in a new Immigration Act to be introduced in the next session of Parliament.

 

 

 

There are different types of insurance policies covering different types of risks but they are basically running on the same principle. Legal indemnity insurance is one such policy which arises when one individual takes on the obligation to pay for any loss or damage that has been or might arise due to an act or abstention of an act by another individual. It generally protects against liability, loss or damage.

 

 

 

Conveyancing solicitors and licensed conveyancers who fulfil due diligence requirements have to take into consideration the risk of subsidence ( motion of a surface where the earth surface shifts downwards to a related fact such as sea level) which affects one in five homes in the UK with more than £200-£250m per annum spent on subsidence claims.

 

 

 

Private agencies were flouting official guidelines and hiring carers with criminal backgrounds for jobs in care homes for elderly, which were being paid for by the local councils.
Care Quality Commission inspectors have come across several agencies which were employing criminals it emerged. In some cases it happened unknowingly as police checks were not carried out it is believed.

 

 

 

Victims of torture and rape are being detained at the controversial Dungavel Immigration Removal Centre in Scotland in breach of government rules which aims at protecting traumatised asylum seekers.
Medical Justice a charity has said that at least 14 asylum seeker have been confined wrongfully at the South Lanarkshire facility since February 2010.

 

 

 

According to researchers divorce rates were plunging because modern men were keener to make their marriages work.
A report from the Marriage Foundation has said that men who marry are now more serious of their commitments and were less inclined to stray.

 

 

 

The lawyers representing government against the landmark case brought by four Christians in Strasbourg court told the court that Christians may have to sacrifice their jobs if they want to express their religion at work.
They urged human rights judges in Strasbourg to reject the case brought by four Christians who said they suffered faith-based discrimination.

 

 

 

In a surprising attack judges, with the support of the Lord Chief Justice of England and Wales, Lord Judge, and led by Lord Justice Goldring, the senior presiding judge for England and Wales, the judiciary has warned that some of the measures, which even the Ministry of Justice was circumspect about, were potentially disastrous.
The Government was planning to put police and crime commissioners in charge of victims support services which the judges said were potentially disastrous.

 

 

 

Right to buy scheme which was planned to bring in more first time buyers into the housing ladder by giving huge discounts has not been attracting many takers if the schemes affectability in Welwyn Hatfield could be taken into consideration.

It has been found that only six homes were sold in the last quarter under the scheme in Welwyn Hatfield with only £500,000 realised for the six properties sold. The homes sold included two three bedroom houses and four flats.

 

 

 

Immigration officers who would have no formal training to assess English language skills of foreign students could bar them for lacking good enough knowledge of English.
Students who have already passed approved language tests and have applied for visas to study in the UK could be stopped from gaining place at colleges or universities if immigration officers decide that their English was not good enough.

 

 

 

The confidentiality of tax affair of individuals’ is at stake with the new tax on child benefit coming into force next January.
Though the critics are raising point that it was a breach of HMRC’s obligation to keep individuals’ tax details a secret, HMRC say a 2005 Act of Parliament was armed with the authority to take such action.

 

 

 

Government’s flagship scheme to get young people into work, known as the "Youth Contract" programme which is directed towards the age group of 18-24 who are finding it difficult to get a hold on the employment ladder.

 

 

 

With the Olympics at the doorsteps everything else seems to be coming to a standstill.
Along with other services which could be affected during the Olympics the Courts in and around London would h

 

 

 

The wave of mass marketed frauds had been having a distressing effect of the lives of millions of people. The scams happen through post, phone, and email and cost an estimated £73 billion a year.

 

 

 

Duncan Lewis:The Children and Adoption Act 2004 was an amendment made to the earlier Children Act 1989 following the notorious case of Victoria Climbie. It was designed to pull together the many and diverse functions of local government relating to children’s education and welfare, under the umbrella statutory responsibility of local Directors of Children’s Services.

 

 

 

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We are one of London's fastest growing firms of solicitors, with six offices in and around London. We deal in a wide range of legal services that caters for clients on a public funding or private fee basis. Duncan Lewis is privileged to have several franchises from the Legal Services Commission.

We look to recruit dedicated and talented employees in both legal and non-legal capacities, and we are always interested to receive applications from quality candidates, whether experienced or novice. If you can demonstrate a strong commitment to the areas of law provided by the firm, and you are keen to build a career with us, please email your details and CV to recruitment@duncanlewis.com, or telephone and ask to speak with the Recruitment Coordinator.

 

 

 

Duncan Lewis Solicitors opened their Clapham Junction Office in May 2008 as a result of securing a Crime contract and passing the LSC Preliminary audit in April 2008.