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When another person or organisation has broken the contract between you to provide the goods or services in return for payment, you may have grounds for compensation or redress.

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Our specialist Litigation team are on hand to help you with any queries you may have.

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Our expert solicitors are here to support you with advice, outlining your options at the very first stages to ensure all possible objectives are reached.

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The Litigation team at Poole Alcock will advise you on the best route to take, depending on your tenancy agreement.

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At Poole Alcock we understand that you want to resolve any dispute cost-effectively and maintain good relations where possible.

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A company’s articles of association are of paramount importance; they are the key constitutional document setting out the basic management and administrative structure of a company.

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Forming a company can be a positive and exciting step for many business owners. However, it is important to ensure from the outset that the documents governing your company’s operations suit your business needs.

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Acquisition of another company is an effective way to grow your business. Ensuring a successful transaction is all about the detail. You need to know exactly what you are buying.

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When the time comes to sell your company, or shares in your business, you will wish to maximise the return on your investment of money, hard work, time and emotion.

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A guarantee is a legal commitment to repay a debt where the original borrower has defaulted on their repayments. In essence, the person providing the guarantee will “step into the shoes” of the debtor.

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Whether you are lending to or borrowing from a third party, it is always prudent to record the terms of the loan clearly.

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A company’s articles of association are of paramount importance; they are the key constitutional document setting out the basic management and administrative structure of a company.

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If you are in dispute about which school your child should attend or think that it will be in the child’s best interests to change schools it will be necessary to apply for a Specific Issue Order through the courts.

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If your child is aged under 16, it is possible to change their name by deed poll providing that all of the parties with Parental Responsibility are in agreement. However, the child’s birth certificate will not normally be changed as this is a historical record from when the child was born.

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When a child is removed from one of the parents without the other parent’s permission or a child is not returned at a pre-arranged time, it is important to act quickly to reinstate the child’s normal or pre-agreed routine.

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Whenever possible separating parties should speak to one another and make arrangements for the care of the children which are in the children’s best interests and can be worked around by both parents.

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Most of the legal rights given to parents are by way of Parental Responsibility (PR). PR means ‘all the rights, duties, powers, responsibilities and authority that a parent of a child has in relation to the child and his property by law’.

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You can apply to end or dissolve your civil partnership if you have been in the partnership for at least one year. It is very similar to divorce, in that you will need to make an application to the court.

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We can provide you with the peace of mind of conducting your divorce on a fixed fee basis. We will be able to provide you with the figure at the outset, allowing you to budget and plan your finances in advance.

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We are proud to be chosen by Cheshire Police Federation as their nominated divorce lawyers to provide specialist divorce and family advice to its members.

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A pre-nuptial/pre-civil agreement is a legal agreement made between two individuals before their marriage has taken place. It usually sets out how the couple wish their assets to be divided between them.

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Under the Equality Act 2010 harassment is defined as unwanted conduct which is related to either; age, disability, gender reassignment, race, religion or belief, sex and sexual orientation and is therefore unlawful.

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Why does Uber matter to your business legally?

Many businesses take on “consultants” believing that they are self employed and do not...

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Why does Uber matter to your business legally?

28th July 2016

News : Employment Law

Many businesses take on “consultants” believing that they are self employed and do not have employment rights.

The new disruptive software backed taxi firm Uber is facing a legal challenge from their drivers who say that the firm are in fact acting unlawfully by not offering holiday and sick pay. In fact, employment status is one of the ‘greyest’ areas of employment law.

The outcome of this matter has our entire employment department looking at the case carefully as the decision can have far reaching implications for employee’s rights and tax liabilities, as well as opening flood gates for other similar claims where companies work in a similar style.

The drivers at Uber are claiming that they are workers because the terms and conditions of their work means that Uber does have control over them therefore they cannot be said to be self-employed. If this were true the drivers are entitled to national minimum wage, holiday pay etc.

Uber will seek to argue that the drivers are their own boss and the only control that they have over them is when putting them in touch with customers. It would appear that the main argument here would be that Uber are simply a technology company who do not provide the service themselves.

A number of questions in any employment status related case have to be raised: Do they have to do the work themselves? Can someone at any time tell them what to do, where to carry out the work or how to carry out the work? Are there a set amount of hours that have to be followed?

If the answer to any of the above questions can be yes then this might be indicative of an employee or worker status. Someone is more likely to be classed as being self employed if they provide the main items and equipment, needed to carry out the work, themselves. Someone can also fall under the self employed status if they work for fixed fees, irrelevant of the time spent on each job, or if they are to work regularly for a number of different people and companies.

Do you have people working for you whose employment status appears to be grey? Could you be acting unlawfully and failing to give these people the correct employment rights and benefits? If so, our Employment law team can help you today. Call Adam on 01270 625478, or email him at adam.pavey@poolealcock.co.uk.

 

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