Blog - The Verdict
MSB Solicitors Liverpool
MSB Blog - The Verdict
MSB Solicitors

MSB Solicitors

Key to being a progressive business is recognising that the people who help drive your organisation forward are imperfect human beings who all face their own struggles and challenges.

Supporting your employees through their own worst times will enable them to continue to make a substantive contribution to the growth of your business. Managing partner at MSB, Emma Carey, says that employee wellbeing is not only a moral responsibility for employers, but it makes good business sense too.

Mental health in the workplace in an issue that is finally gaining traction and this month offers an opportunity to give it a particular focus. The ‘Movember’ campaign seeks to raise awareness of mental health issues in men particularly.
The words Love Island have been hot on the lips of millions of viewers since the 2018 season launched on June 4. The fourth series of the popular reality show attracted record figures, with 3.6 million tuning in to watch the final this month.

And, this year, there has been no shortage of provocative headlines to further boost the show’s ratings.

From ex-partners entering the villa, to a double dumping for Scottish Laura Anderson and on-again off-again antics between Alex and Alexandra.

Tuesday, 15 March 2016 00:00

Madge should have gone to MSB

As mothers across the UK and Ireland celebrated with their loved ones on Sunday, one very famous mum was left bereft after admitting defeat on a custody battle to return her son to their New York home.

Pop icon Madonna has been locked in a battle with her ex-husband Guy Ritchie since December, when their son Rocco failed to return to New York following a trip to London to visit his film director father.

It is reported that Madonna made an application under Hague Convention to enforce the return of her son, arguing that she agreed Rocco could visit London but expected him to be returned. She did not, she says, consent to him staying there long term. Since then, a bitter and public battle has ensued between the estranged couple with regards to the wellbeing of their fifteen year old son.

Judges in both the US and the UK have slammed the pair for not being able to reach some resolution, both suggesting that an amicable decision on the teenager’s residence is in his best interests. This has been supported by a court-appointed solicitor for Rocco who indicated that the youngster was experiencing emotional upset and was finding the situation ‘very difficult’ to deal with.
Tuesday, 15 March 2016 00:00

Zero Hour Contracts

Zero hour contracts normally refer to contracts of employment, which do not guarantee the employee a minimum amount of work.   They are used by employers because they minimise overheads, i.e. during quieter periods the employee can be offered little or no work and vice versa.
Zero hour contracts have been condemned by unions and caused political controversy due to the perceived imbalance they create between employee and employer.  They were a significant issue at the 2015 General Election and politicians have been pledging to address them since at least 1997.

The common perception of these contracts is that the employee is effectively at the employer’s beck and call, forced to work when it suits the employer’s commercial interests without having the stability of a fixed salary.
This perception, at least in terms of the party’s legal obligations, is not entirely accurate as employees are not usually required to accept any work offered. 

On 26th May 2015, new regulations came into force (The Exclusivity Terms In Zero Hour Contracts (Redress) Regulations 2015).  These regulations prohibit exclusivity clauses in zero hour contracts, namely clauses that prevent an employee working for other employers.
The regulations state that it will automatically be unfair, if an employee is dismissed for breaching an exclusivity clause.   There will be no qualifying period of continuous employment in order to bring a claim for unfair dismissal in such circumstances.
Additionally the regulations make it unlawful to subject an employee to detriment for breaching such a clause, for instance reducing the usual hours that they are offered.

In light of these recent regulations, it is unlikely that the UK will go the way of New Zealand and abolish zero hour contracts altogether, any time soon.

Unfortunately it may be impossible for the aims of the regulations to be achieved.   For instance some employers may not use exclusivity clauses in contracts but will develop a practice of discriminating against employees who work for other employers.  Similarly proving detriment will be difficult as it will involve a detailed analysis of the employer’s business practices.

Most zero hour contract employees are low paid workers and legal costs are not normally recoverable in the Employment Tribunal.  Therefore it is unlikely that solicitors will be prepared to accept instructions for breaches of the new regulations.
Thursday, 02 April 2015 00:00

Landlords beware!

Landlords in England are being warned that changes set to come into play from Monday (6th April) must be incorporated into all existing and future tenancy notices and agreements to ensure they are properly protected in respect of rights to possession, according to Section 8.

This means that from this date, any notice must be served using Form 3 of the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations (SI 620/2015).  A copy of the regulations can be found here http://www.legislation.gov.uk/uksi/2015/620/pdfs/uksi_20150620_en.pdf
Thursday, 02 April 2015 00:00

Crowdfunding is here to stay

Mark Forman is commercial partner at MSB Solicitors in Liverpool and deals with commercial law; commercial litigation and employment matters.

As any entrepreneur will tell you, getting a business idea off the ground isn’t easy - there are challenges along every step of the way. Who are my audience and how can I best communicate with them? How can I anticipate, and importantly achieve growth? And of course, how can I finance my business through the early stages?

In 2009, a new concept grew from the US and gave entrepreneurs and business owners across the globe an alternative option for raising investment. Crowdfunding affords enterprising individuals a platform to access millions of would-be investors, and enables individuals to group together to invest into a business opportunity that they would not otherwise have been able to.

Statistics indicate that around 95% of business plans are thrown out when they reach the investment phase, with creative, artistic and charitable sectors being among the most affected. The crowdfunding model then, was much welcomed by many.

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