In this month’s All in a Day’s Work, Alice Finniear and Alex Harper are discussing the new Tipping Act and associated Code of Practice. We’re breaking down what the new law means for the leisure and hospitality sector, what they have to do in order to comply with the new law and what we consider to be best practice for employers. The Act came into force on 1 October 2024 and takes effect immediately, so, if you’re not already, this is something that employers who handle tips need to get to grips with as soon as possible, or otherwise, face the legal consequences of failing to do so!

In this episode of All in a Day’s Work, Hannah King and Alex Harper from Herrington Carmichael are discussing off the record conversations. Hannah will explain what a without prejudice conversation actually is and what the differences are between a without prejudice discussion and a protected conversation under the Employment Rights Act 1996.

In this episode of All in a Day’s Work Usof Shah and Alex Harper from the Employment and Immigration team at Herrington Carmichael are discussing the immigration requirements in corporate mergers and acquisitions. Usof explains what the key factors that employers need to think about from an immigration perspective are, the critical one being transferring sponsor licences.

In this episode of the Family Law series, we look at the principles that surround “sharing” and also “needs” when considering financial matters as part of a divorce. We talk about the principles that are relevant to how a case may be resolved and when “sharing” might apply, or when “needs” will apply.

Alex Harper and Sam Gray from the Employment team at Herrington Carmichael are discussing flexible working. We’ll be looking at what a statutory request flexible working might look like from a legal perspective. As well as what the changes from 6 April 2024 look like for employers and employees when making or responding to those requests.

In this episode of the Family Law series, we look at all things co-parenting. We will talk about ways in which parents may navigate the complexities that arise when trying to co-parent, and how we look to communicate when there is a difficult relationship between parents.

This episode of All in a Day’s Work by the Employment team at Herrington Carmichael covers the new Worker Protection (Amendment of Equality Act 2010) Act. Matt Jenkin and Alex Harper will be taking you through the new Act and the impact it will have for all employers from October when the new positive duty for all employers to take reasonable steps prevent sexual harassment in the workplace comes into force. To find out about what that means for your business and what steps you should be taking to prepare for this change, listen now!

In this episode of the Family Law series, Paul Wild looks at the mediation process, and what to consider when using the mediation process, and what parties need to think about. We talk through the positives of this process and what it can provide when looking at resolving issues as part of separation, and the opportunity to positively resolve any disputes, for example, in relation to their children, financial matters and so on. We also discuss the collaborative process and how this can positively benefit and assist separating parties.

This month’s episode of All in a Day’s Work by the Employment team in Herrington Carmichael covers unfair dismissal claims in the Employment Tribunal. Hannah King and Alex Harper are discussing this cornerstone area of UK employment law and running through the ins and outs of the reality of bringing such a claim.

In this podcast, Isabella Milnes-James is joined by Natasha Lawrance and Mark Aldridge, Paralegals in the Private Wealth and Inheritance department at Herrington Carmichael to discuss the importance of making a Will. This episode covers everything from what is a Will, how marriage and divorce can affect your Will to those who are entitled to bring a claim against your Estate.

In this episode of the All in a Day’s Work series, we are running through the Employment law changes that are coming into force in 2024. Alex Harper and Alice Finniear will be discussing the changes and giving top tips on how employers can prepare for the same.

In this episode of our Family Law series, we discuss where we start with child arrangement matters and what we need to consider when deciding how to move forward. We will talk through the various ways in which we may start this process, both inside and outside of court proceedings

In this episode of our Family Law series, we discuss where we start with child arrangement matters and what we need to consider when deciding how to move forward. We will talk through the various ways in which we may start this process, both inside and outside of court proceedings

This month's episode covers the changes that are coming into force in immigration law from Spring 2024. Alex Harper and Usof Shah will be discussing what employers should be doing now ahead of the changes and how this could impact organisations moving forward.

In the second episode of the new Family Law series, we focus on Valentine’s Day and in particular Pre-Nuptials and what couples need to consider when deciding to marry. We will talk through what they need to think about, in terms of starting the process, including timings and what information they will need to provide and be aware

In this episode of Herrington Carmichael’s All in a Day’s Work Employment and Immigration Law podcast, we are discussing post termination restrictions. We’re taking it back to basics by looking at what post termination restrictions are, whether their enforceability can be challenged and what happens when they are breached. We also discuss our top tips for drafting post termination restrictions for employers to give them the best chance of being able to successfully enforce them.

In the first episode of the new Family Law series, we focus on how the Christmas and New Year period impacts upon relationships and families. We will talk through the initial stages of the legal process and what can be expected, trying to break down the common issues faced in a breakup.

In the month of new year’s resolutions, not to mention dry January and Veganuary, this episode will cover an introduction into what a philosophical belief actually is from an employment law perspective and how some beliefs are protected under the Equality Act 2010. This is fast growing area of case law, and we will be discussing recent Employment Tribunal judgments and considering the rising issues employers are facing in light of these. Links mentioned in episode: Grainger - https://www.bailii.org/uk/cases/UKEAT/2009/0219_09_0311.html Forstater judgments - https://www.gov.uk/employment-tribunal-decisions/maya-forstater-v-cgd-europe-and-others-2200909-2019 Contact Herrington Carmichael: [email protected] +44 (0)1276 866 209 www.https://www.herrington-carmichael.com/

In this month's episode, we will cover an introduction into managing a redundancy process. We will discuss when a redundancy process may be needed and talk through the various steps which will assist in avoiding the common pitfalls that may occur. We will also briefly look at when a collective consultation may be required and what that means.

In this month's episode, we will cover an introduction into discrimination with a particular focus on race discrimination under the Equality Act. We will discuss how discrimination laws apply and consider the common issues faced not only by employers generally, but also specifically by Financial Services employers in light of the recent Employment Tribunal judgment against Lloyds on a case about the use of racist language in the workplace.

In this month’s episode we will be covering the Senior or Specialist Worker Visa (Global Business Mobility). We will be discussing the eligibility criteria for this type of visa, how long you can stay in the UK and the costs associated with obtaining it. We will also look at our top tips for employers in terms of getting the most out of a Senior or Specialist Worker Visa and how Global Business Mobility can benefit and grow their business.

In this podcast Stephen Baker and Ishwari Sharma, dispute resolution lawyers at Herrington Carmichael, discuss the principles that apply when a shareholder is unfairly prejudiced in relation to their shareholding by the actions and decisions of a controlling cohort of shareholders or the directors.

In this episode, Sam Gray and Tom Hyatt, Employment Solicitors at Herrington Carmichael discuss the basic principles of TUPE including when a transfer arises, the impact this has on employees and how best to prepare for a potential TUPE transfer.

This month’s episode is an introduction to environmental, social, and corporate governance (ESG) for Employers. We will be providing an overview of what ESG is, particularly from an employment perspective. We will also be discussing why a strong focus on ESG can reap significant benefits for employers.

This month’s episode is an introduction to Employment Tribunal claims. We will be providing an overview of employment tribunal claims and the Tribunal procedure. We will also be giving our top tips for managing employment tribunals and considering both the legal and commercial risks. We will also be discussing potentially the most common employment tribunal claim: unfair dismissal.

This month's episode covers the statement of changes to the Immigration Rules, which was published on 9 March 2023. We will be looking at the introduction of Electronic Travel Authorisations and how this scheme is going to be rolled out. We will also be considering the changes that affect sponsored workers such as the increased minimum salary threshold.

This month's episode covers menopause in the workplace. We will discuss how employers can help support employees experiencing the symptoms of the menopause within the workplace and the potential legal rights that an employee has.

This month's episode covers references, with a focus on regulatory references in the Financial Services sector. We will be looking at what the legal position is for employers to provide a reference for former employees. We will also cover the regulatory reference system and the higher obligations that are placed on FCA and/or PRA regulated employers when providing references. Acronym guide: FCA – Financial Conduct Authority FSMA – Financial Services and Markets Act 2000 GDPR – the General Data Protection Regulations and Data Protection Act PRA – Prudential Regulation Authority SMCR – Senior Manager Certification Regime SMF – Senior Management Functions

Are you looking to contest a Will or perhaps you are experiencing a probate or inheritance dispute? Our dispute resolution team are talking about Wills, inheritance and probate disputes.

Adverse possession is a legal principle by which an individual who is not the legal owner of land can become the legal owner by being in possession of the land for the requisite period of time. Adverse possession is often referred to as “squatters rights”, and the concept of it has been the subject of controversy, however, as explained below, it is not as simple as possessing the land; certain conditions need to be met before adverse possession can be successfully claimed. Our Dispute Resolution Team talk through

Emma and Nicole are talking about Trusts and looking at the Frequently asked questions surrounding them: What is a Trust ? How is a Trust set up? How can a Trust be used to save Inheritance Tax? What will I have to do as a Trustee? How can a Trust be used for children?

This month’s episode covers skilled worker visas. Usof Shah and Samuel Gray will be discussing eligibility requirements for the visa as well as the process once a business has been granted a sponsor licence. This episode will also cover conditions imposed on a skilled worker visa.

This month’s episode covers changing contractual terms. Samuel Gray and Tom Hyatt will be talking about how an employer can change contractual terms, what the risks involved in changing those terms can be and discussing practical tips for employers looking to change a contract of employment.

This month’s episode covers discretionary benefits. The episode will focus on what discretionary benefits employers can offer and how those benefits can sometime become contractual entitlements. We will also cover our top tips for reducing the risk of this.

This month’s episode covers the Christmas period, both the run up to and the bank holidays in between. We will be looking at why Christmas can be such a difficult period for employers and why Christmas parties in particular can be so tricky. We’ll be discussing our own experience of post-Christmas party complaints and looking at how HR can manage the Christmas festivities without becoming the HR Grinch who stole Christmas.

Michelle Lamberth - Corporate Governance specialist, sheds some light on the importance of accurately filing new share allotments, and share changes with Companies House. This podcast will help businesses to avoid filing mistakes that can be costly further down the line and have a negative impact on the company.

This month’s episode will be an overview of sponsor licences. We will be looking at how businesses hire non-UK nationals, the process of obtaining a sponsor licence for businesses which will enable them to employ non-UK nationals.

Michelle Lamberth - Corporate Governance specialist, explains how transferring company shares is not as simple as you may think, and the processes you should follow to avoid mistakes that can be costly further down the line.

This month’s episode covers data protection in the workplace. We will be looking at what the laws on data protection currently require, what changes may arise in the future and what practical implications there are of the rising employee awareness of data protection issues.

Michelle Lamberth - Corporate Governance specialist, explains the common errors that occur when people fill out an incorporation form, without the help of a third party. This podcast is for new businesses looking to register their company accurately and will help you avoid making mistakes that can be costly further down the line.

This month’s episode provides an overview of Employment Contracts. We will be discussing employment contracts, including what you need to include in them by law, what the common pitfalls are for employers and when can something become a contractual right despite confirming in the contract its at the discretion of the employer.

This month's episode covers holiday and annual leave. We will provide an overview of all things related to holiday and annual leave, including what employees are entitled to as a statutory minimum, whether holiday can be carried over into the next holiday year and what practical steps employers can take to manage, plan and maximise the benefit of holiday and annual leave allowances.

In this episode Mark Chapman – Partner, and Cesare McArdle – Legal Director within our commercial team, discuss the rising costs for UK businesses and how to mitigate these costs in B2B commercial contracts.

This month’s episode covers the different types of employment status. We will provide an overview of the rights attributed to each type of employment status and look specifically at how the rights of workers differ to those of employees.

This month we are looking at employee inductions. Hannah King and Usof Shah will consider what these are, why they are important and what areas employees should address to ensure that they have an effective and engaging induction process for new starters.

Our team explains the process around insolvency, looking at transactions at an undervalue, looking at case examples where this might happen and what happens if transactions at an undervalue are discovered.

This month's episode covers right to work checks. Usof Shah and Jack Rose will be discussing the legal requirement to conduct right to work checks and how employers must conduct them going forward. This episode will offer practical advice on how to manage the right to work check process and also cover an employer's obligations under the law.

This month’s episode covers employee absence from work. Jack Rose and Alex Harper talk through employee absences both from the perspective of an employer and an employee. This episode offers practical tips on managing absences, updating policies and consideration of when Occupational Health involvement might be recommended.

The next episode of the All in a Day’s Work series looks at managing employee performance. Employment Lawyers Alex Harper and Nicola O’Dwyer are considering what employers and employees can do when job performance isn’t where it should be. We offer practical tips for performance management, whilst also examining the legal risks of doing so.

This month’s podcast covers grievances at work. Employment Lawyers Alex Harper and Nicola O’Dwyer talk through the ins and outs of grievances, from the perspective of both employees raising them and employers responding to them. We consider the legal implications for both employees and employers when grievances are raised and what practical steps can be taken in managing that process.

Intellectual Property Law - A discussion relating to NFTs (Non-fungible tokens) - what are they, what does it mean and some potentially surprising information on ownership.

Contract Law - battle of the forms- a discussion around the importance of properly incorporating your terms and conditions in business to business arrangements and the pitfalls of failing to do so.

The first in Herrington Carmichael’s “All in a Day’s Work” series, this episode looks at the disciplinary process used by employers in respect of their employees. Employment Lawyers Nicola O’Dwyer and Alex Harper talk through the process step-by-step to make sure a disciplinary process is being managed fairly, thoroughly and, most importantly, in compliance with Employment law requirements.

This podcast will be looking at the practical difficulties caused by COVID emergency restrictions in using the Court process to remove tenants from rented property, as well as discussing the key questions Landlords should be asking themselves now that some of those restrictions are being lifted.

This podcast will be discussing the common errors commercial tenants make when deciding to end their commercial lease early by using the Break entitlement in the Lease. Not just in respect of the Notice itself but in the run up to the date they will be vacating the premises. It is particularly relevant for tenants looking to downsize their office requirements by getting rid of some office space from their portfolio, or by moving into smaller premises in a different location.

In this episode our Property team talk about FRI leases and the difference between the position for both a commercial lease and a residential lease. The team also highlight key implications before committing to a lease.

Our Private Client team talk about the what Lasting Power of Attorney does, what it covers and the importance of making Lasting Power of Attorney (LPA).

Being an Executor is an important role both for ensuring that the wishes of the person who died are carried out but also for ensuring that all the administration associated with dealing with someone’s estate is correctly managed. Here we discuss the issues around being an executor.

In this podcast we look at selling property that is jointly owned and how a breakdown of a relationship between cohabitees impacts of on the sale of a property. Whether you are a landlord, commercial tenant or land owner, in the event of a dispute our experience covers a range from the complex and high value to the more modest.

Being paid on time is essential to any business. Taking control of debts minimises their impact and having effective ways to improve cash flow secures business confidence and plans for growth. This podcast looks at the debt recovery process, how it effects a business and even individuals as property owners.

Inheritance Tax has not gone away. It may be less of a problem for many families than it was a few years ago but for any single person with an estate in excess of £325,000 or a couple with more than £650,000, the tax remains an issue. Despite the falling property prices of the last few years many of our clients do exceed these levels. In this podcast we talk about our Top Ten Tips when considering your Inheritance Tax Planning options.

A CVA is a legally binding agreement with your company's creditors to allow a proportion of its debts to be paid back over time. Our podcast will look at what a company voluntary arrangement does, understand how it works and how it can help you.

A poorly drafted will can create uncertainty concerning the intentions of the deceased as to how their assets were to be distributed. The dispute resolution team discuss errors within Wills and how and why disputes arise from Will.

The clauses which set out the limitations of liability and the cap on liability are fundamental provisions for both a buyer and a seller – but why? What happens if these clauses are not properly drafted or the agreement is a standard, un-negotiated, set of conditions? What cannot be excluded or limited by law? The level of limitation can be ‘aggregate’, ‘per claim’ or ‘over a time period’, what are the pros and cons of each option? We finish the podcast with a number of real world examples of these clauses and our thoughts on them.

What happens after a management company has been handed over by developers? This is the third podcast on property management companies and covers matters after the management company has been handed over together with a couple of examples of issues that have arisen.

What are the key points to look out for in standard terms and conditions within a business to business context? What does a ‘battle of the forms’ mean? What are the alternatives to having your T&Cs physically signed? What are the risks of using an ‘off the shelf’ set of T&Cs and what are the benefits of bespoke T&Cs? Other important considerations: your exposure; your right to any intellectual property; and when ownership of goods passes.

Transfer of property management from developers to property owners In my first podcast we considered what a property management company was and who benefitted from it. This second podcast on property management companies covers the handover of the management company from the developer to the property owners.

Considering contracts and their termination in a business to business context. What you can do if you have breached a contract and what mechanisms are available to buy you time. What you can do if the other party has breached the contract? If there has been a breach – what type of breach is it? Do you need to provide notice of the breach? When, how and who do you provide notice to? If you wish to terminate a contract, what should you consider first? What are the remedies for breach? Can you seek anything other than damages?

The law for residential landlords has been changing quite rapidly over the last decade, what should landlords and tenants be aware of in 2020?

Pitfalls of DIY Wills: Why would you need a solicitor to prepare a Will, when you can do a DIY version online a bit cheaper?

This first podcast on property management companies considers what their purpose is and who benefits from them.

When might someone be considered disabled?

From 6th April 2020, the private sector will be brought in line with the public sector in relation to the IR35 tax regime, which will imply new requirements on to fee-payers in a consultancy arrangement. Today we chat through everything you will need to be IR35 Ready.

Alex Canham talks to IR Global about being part of the network, how it works for us, developing strategic partnerships internationally with other members and more. Herrington Carmichael is a long-standing member of the IR Global network, enabling us to establish relationships with over 130 firms in all major jurisdictions across Asia, Africa, the Americas and Europe, meaning we are well equipped to provide international legal advice and support that’s tailored to our client needs.

Welcome to The Legal Room UK podcast. In future episodes you'll be hearing from a diverse range of specialist lawyers offering expertise on a variety of topics. To make sure you get every episode subscribe on whatever podcast platform you use.