Witnessing a Will during Covid-19

The numbers of people writing a Will has risen dramatically as a result of the coronavirus. If you do not have a Will and this has been on your to-list then, now might be the time to take that important step. It is easy to panic at the thought of becoming ill during the pandemic, but it is important that you still think carefully and do not rush into giving your instructions.

As solicitors, we have changed the way we work during covid-19. We are no longer offering face to face appointments, but we are taking instructions via video-link either through Skype, Facetime, Zoom or video-calling. We will always carry out the necessary checks to ensure that we have followed all the proper formalities.

We will take instructions from you and document your wishes carefully. At this stage we will answer any questions that you have. A draft copy of your Will will be either emailed or posted to you. Once the draft Will has been approved, we will arrange to post the final copy out to you. We will provide you with detailed guidance on how it should be executed.

Once the Will has been approved who can sign it as a witness?

The rules state that the Will should be witnessed by 2 people. They cannot be anyone who stands to inherit under the Will (beneficiaries) or relatives of those who will benefit. You need to think about who these could be. At present, most clients are asking their neighbours to be witnesses. If you are struggling with whom to ask, we can help.

A key rule in having a Will witnessed is that the person making the Will and the witnesses to it all have to be present at the same time when the person signs it.

Obviously with the current pandemic and social distancing, this can be difficult requirement to fulfil. You cannot ask family members. You cannot sign it via video-link. You cannot e-sign a Will. You will need to find 2 independent people who will watch you sign the Will and then sign after you.

Right now, with everyone being in lockdown, clearly this is difficult isn’t it? The most straightforward option at present is for the witnesses to be present but to be on the other side of the window when the Will is signed. So, the parties are divided by a glass pane which they can see through. The Will is then passed through the window. We would suggest that a contemporaneous note is kept of how the Will was executed.

As a precaution, all parties can wear gloves and masks while they sign. They do not have to use the same pen (but if they do, the pen should be disinfected between use). The parties should remain 2 metres apart in line with social distancing guidelines. Everyone should be clear of what the steps are and how important the document is.

At the time of writing, the The Ministry of Justice is examining ways to relax rules around Will writing in England and Wales. However, at the date of publishing this blog, these have not taken place.

If you wish to have a Will drafted during this time, then contact our Team on 0161 491 8520.

Redundancy and Settlement Agreements

As a result of the coronavirus are you at risk of losing your job? Has the term being “laid off” or “redundancy” been mentioned? If so, then it is likely to be a worrying time for you. Employment law can be a minefield and it is important that you get some good legal advice on where you stand and what your rights are. Sadly, the coronavirus epidemic is going to lead to people losing their jobs.

The first thing you should check is your employment contract to see if there any specific provisions within that relating to redundancy payments. If there are not then you will be reliant on the statutory scheme.

You are generally entitled to a redundancy payment if you have been employed for 2 years on more by your employer. You will be entitled to a week’s wages for every year you have been employed if you are between the ages of 22-41. If you are over 41 then you are entitled to a week and half’s. If you are under 22 then it is half a week’s wage. There is a cap of 20 years employment.

If you are being made redundant then your employer could have offered, you terms to terminate your employment which are contained in a settlement agreement. A settlement agreement is a legally binding contract between an employer and employee. The employer will agree to pay the employee settlement money and in exchange, the employee will agree to settle any claim that an individual may have against the employer. This means that once the agreement has been signed by both parties, the employee cannot bring a claim at a later date against the employer. It is vital therefore that the settlement agreement is fully understood before signing it.

A settlement agreement is often drafted in respect of ending the employment. However, in some cases a settlement agreement could be used where the employment is continuing but the employer and employee wish to settle a dispute that is ongoing between them. This blog will only deal with agreements that follow a redundancy or termination of employment.

When it comes to the settlement agreement, the terms of the agreement will usually be agreed between the parties. The terms are incorporated into a settlement agreement and the potential claim that the employee wanted to pursue against the employer, will not be pursed any further in consideration for a set agreed sum offered in the settlement agreement.

The settlement agreement should clearly state the breakdown of the payment being offered by the employer and the tax implication of any such payments. Often payments of up to £30,000 can be paid to an employee without any taxable deductions.

There are several factors you will need to consider in order to establish whether you are being offered a satisfactory settlement sum. One crucial factor in such a matter is the merits of your potential claim against your employer. It is important that you consult a solicitor and discuss the details of your case to establish the merits of a successful claim against your employer. Following your consultation with a solicitor, you will know whether you are settling for a fair and reasonable sum.

It is important to note, for a settlement agreement to be valid and binding, it will need to meet certain statutory requirements. The agreement must be in writing and it must highlight the potential claim that the settlement agreement is aiming to resolve.

Most importantly, the employee must have received advice on the terms and consequences of the settlement agreement from an independent solicitor or another defined adviser, as per the Employment Rights Act 1996.

Usually, there is no obligation on parties to enter a legally binding contract without the need for consulting a solicitor. However, since an employee may be giving up important rights by signing a settlement agreement, the law ensures that the employees are protected, by seeking independent legal advice before they sign a settlement agreement. Hence, the law requires employees to consult a lawyer or a trader union adviser prior to signing the settlement agreement.

The employer will usually pay the costs of an employee seeking legal advice on the settlement agreement. At Nayyars Solicitors we are specialist in providing this advice and in light of the Covid-19 outbreak are providing 30 minutes telephone consultation appointments.

Co-Parenting During Covid-19

On 23^rd March 2020, the government issued advice on social distancing and warning people to stay inside their homes and avoid any contact with non-household family members. However, the guidance explained where parents do not live in the same household, children under the ages of 18 can be moved between their parents’ homes.

The President of the Family Division, Sir Andrew McFarlane, provided additional advice on 24^th March 2020, Guidance on Compliance with Family Court Child Arrangements Order. Sir Andrew McFarlane addresses the current Coronavirus crisis and highlights the concerns of the parents, whose children are subject to a Child Arrangements Order made by the Family Court. Understandably, the parents will be concerned about how they will be able to meet the requirements of the court orders safely in the unforeseen Covid-19 pandemic.

Sir Andrew McFarlane sets out some general advice on how parents should adhere to the Child Arrangements Order (CAO) and continue seeing their child. Please see below;

• Parental responsibilities for a child who is subject to CAO rests with the child’s parent and not with the court.
• During the Covid-19 crisis, the general expectation is that parents will care for children by acting sensible and safely when making decisions regarding the arrangements for their child and deciding where and with whom their child spends time.
• The parents must obey the rules in staying at home and away from others outlined by the government. The general position is clear; it is no longer permitted for a person and this also include a child, to be outside their home for any purpose other than essential shopping, daily exercise, medical need or attending essential work.
• Government guidance issued alongside the Stay at Home Rules on 23^rdMarch deals specifically with child contact arrangements. It says:
  “Where parents do not live in the same household, children under 18 can be moved between their parents’ homes.”
  This establishes an exception to the mandatory ‘stay at home’ requirement; it does not, however, mean that children must be moved between homes. The decision whether a child is to move between parental homes is for the child’s parents to make after a sensible assessment of the circumstances, including the child’s present health, the risk of infection and the presence of any recognised vulnerable individuals in one household or the other.

• The ideal way to address these challenging times will be for parents to communicate with each other, about their concerns. The parents will need to come up with a solution, as to what they think would be in the best interest of their child. Despite the fact that one parents may think it is safe for contact to take place, it might be entirely reasonable for the other parent to be genuinely worried about this, given the current Covid-19 pandemic.
• The parents can agree to vary the CAO temporarily. It would be advisable to record any such agreements expressly, by way of text or e-mail correspondence exchanged between parents.
• In cases where parents are not in agreement to vary the arrangements set out in a CAO and one parent is concerned, then that parent may exercise their parental responsibility and vary the arrangement to one that they consider to be safe.
• Following the Covid-19 pandemic, the actions of a parent acting on their own in a way which was not agreed by the other parent are questioned in the Family Court, the court is likely to view the matter to see whether each parent acted reasonably and sensibly in light of the official advice and the Stay at Home Rules in place at that time, along with any specific evidence relating to the child or family.
• If as a result of parental agreement or one parent on their own varies the CAO and a child does not spend time with the other parent as set out in the CAO, the courts will expect alternative arrangements. Regular contact can be maintained between the child and the other parent within the Stay at Home Rules, by remote contact, such as Facetime, WhatsApp video call, Skype, Zoom or other video connection. Where a video call is not possible, contact should be maintained by telephone.

In this Coronavirus Pandemic (Covid-19), causing restrictions on social meetings in these unprecedented times, such that a parent cannot meet their child, “the spirit of the order should nevertheless be delivered by making safe alternative arrangements for the child.”

Important Announcement – Regarding Office Closure

The coronavirus epidemic has sadly taken a hold of the country and as a Law Firm we have taken the action of putting the health and safety of our staff first.

We will be CLOSING our Cheadle and Levenshulme branch for the next 3 weeks from tomorrow until Wednesday 15th April 2020.

Our File Handlers will continue to work from home and will be contactable on their direct email addresses.

We will be open for new enquiries and general calls on the Nayyars mobile 07444 123 123. Our office calls will be diverted to this number too.

These are unprecedented times and nothing is more important to us than the welfare of our Team.

Please bear with us until we all return to normality.

What Is No Win No Fee?

A No Win No Fee arrangement – which is also known as a contingency or conditional fee agreement (CFA) – is an agreement between yourself and your Solicitor that ensures you don’t need to worry about paying for upfront legal fees.  Quite simply, your solicitor will take on your case and, if you don’t win any compensation, you will not need to pay any of your solicitor’s costs.

No risk, no catch. If you don’t win, you don’t pay.

No Win No Fee arrangements were introduced to give those who couldn’t afford legal representation access to the justice they needed to make a compensation claim.

Originally, this meant No Win No Fee arrangements would ensure all legal costs associated with making a claim were covered by the defending party. As well as not having to pay any costs, this also meant claimants would keep 100% of their compensation.

In April 2013, however, new legislation was introduced which meant solicitors were no longer able to recover all of their fees from the defending party

If your case is successful, you will be required to contribute towards the cost of legal representation. These costs are calculated on a percentage basis, depending on your personal circumstances. With Nayyars, this will never be more than 25% of any amount that you’re awarded.

Not every legal case can be covered by No Win No Fee, but certain ‘civil’ cases, meaning those not involving criminal charges, can come under this type of conditional fee agreement.

Medical negligence and personal injury claims are classed as civil cases and are covered by No Win No Fee in England and Wales.

If you case has prospects of success then Nayyars Solicitors are happy to assess it and act for you on a No Win No Fee Basis. You can contact the Team today to start your claim.

Can I Be Sacked for Being Off Sick?

At Nayyars Solicitors we deal with a number of employment queries and claims. If you are unable to work due to an illness you do have employee rights.

How do I prove that I am sick?

If you are ill for more than 7 days in a row you will require a note from your GP to confirm you are ‘not fit for work’. A GP may suggest changes which may need to happen and for your employers to discuss with you so you are able to return to work (ie different hours or tasks). Your employer could also give you authority to self-certify your sickness in writing. Some employers provide their own form for this.

Can I be disciplined whilst I am sick?

No, not unless there are pending disciplinary proceedings. Should there be a pending hearing whilst you are not in work, your employer should make every effort to ensure you are present in the hearing. If you have been invited to the hearing but are unable to attend, your employer must try and exhaust every avenue to ensure the matter is dealt with fairly, may it be requesting you to make written submissions or obtaining evidence from your GP regarding your ability to participate in any hearing.

Can an employer dismiss me due to being off sick?

In order to make any claim for unfair dismissal you have had to have worked for your employer for 23 months and 3 weeks (and not be under any prior notice). Generally, if this requirement is not met, your employer can dismiss you with no risk of a claim being pursued by employees (unless you have a disability under the Equality Act)

Your employer must show they have considered your medical condition. This could include them referring you to their on occupational health therapists/ medical experts or even invite you to attend an examination. At an examination an expert would compile a report covering your diagnosis, prognosis period, potential treatment required and a timescale for when you are expected to return to work.

The employer must show that they have taken all necessary and reasonable steps to ascertain your medical position.

What sick pay am I entitled to?

You should always consider your contract of employment which will confirm what your rights are to company sick pay and for how long. Company sick pay is at an employer’s discretion.

You may be entitled to Statutory Sick Pay, which could be in addition to your company sick pay.

The limit for Statutory Sick Pay is 28 weeks in a 3 year period. The weekly statutory sick pay at present is £92.05 in 2018.

To qualify for SSP you must satisfy the following:

• Have 4 or more days sickness where you are unable to work;
• Notify your employer of your absence;
• Provide evidence of your sickness and inability to work ie self certify or proof from GP;
• Earn at least £116 before tax per week.

Am I still entitled to holiday pay whilst I’m sick?

Statutory holiday entitlement is accrued whilst an employee is off work sick. Any holiday entitlement not used due to an illness can be carried over into the next year. An employee can request to take their paid holiday for the time they are off work sick if they do not qualify for sick pay. Employers cannot force employees to take annual leave when they are eligible for sick leave.

If you feel that you have been treated unlawfully by your employer and for further advice, please contact Nayyars Solicitors on 0161 491 8520.

The Top 5 Financial Difficulties During a Divorce

The dreaded word… DIVORCE! The last thing on your mind and on one of the biggest events of your life is the process of a Divorce! Here is where Nayyars Solicitors aid you, to help relieve the burden!

During the divorce process, one of the main co divorce financial issues certs for a woman is her financial survival. Studies show that in the first year after divorce, a wife’s standard of living may drop by almost 27% whilst a husband’s can increase by approximately 10%.

A few factors that contribute towards the drop in the standard of living of woman include child support maintenance not being sufficient enough to cover the true costs of child rearing and the wife note being able to find a job having taken up the housewife role during the marriage. The wife may have lost many important years of career growth in comparison to the husband, therefore making it rather difficult for her to stand on her own two feet after divorce.

By familiarising yourself with the top 5 financial reasons associated with difficulties during the divorce process, you could save yourself a lot of time and possibly, unnecessary heartbreak!

1. Not enough cash: Expenses will weigh you down as soon as the divorce process commences, with outgoings such as legal fees, court costs and possible new living expenses. The earlier you have your finances in order, the better chance you have to stay afloat.
2. Not getting good professional advice: Here is where our professional team of Solicitors at Nayyars will be there to offer you the best advice possible. Most people are aware that the divorce process can be a very lengthy, complicated and emotional rollercoaster. Let us take care of this for you.
3. Little preparation: Before making any rash decisions, our helpful, friendly team of Solicitors will consult with you in an initial meeting. There can be a lot of fine details couples are not aware of prior to the divorce. Think about the timing of the separation. For example, is your husband due a bonus or inheritance in the near future? Don’t just pack your bags and leave with the kids and drive away with an old car that could have in fact been a new set of wheels, leaving you in the lurch with an extra bill!
4. Mixing money and emotion: Try your hardest to keep the two as far apart as possible. It is very easy for your emotions to take over the true facts in a daunting situation like this. For example, make property division decisions based on your own long-term best interests and not out of revenge. We will be there with you, every step of the way as professionals.
5. Not fighting for what is yours: Rest assured, our team of Solicitors at Nayyars are straight to the point – at the end of the day divorce is about survival and not making friends! Stand up for yourself and get what is your rightful share. Our clients are our number one priority, always.

Can I Ask to Be Furloughed?

In this current Covid-19 pandemic, there are lots of questions that employees are currently facing in respect of being furloughed. A common question amongst the employees; can I ask to be furloughed?

The sun is shining and most of the country (or so it seems) is at home. You don’t want to go to work and want your employer to place you on the furlough scheme. You will take 80% of your salary in exchange for some down time. Can you insist on being furloughed?

The simple answer is, NO! You cannot insist your employer to furlough you. It is up to your employer to decide who should be subjected to furlough leave. It would be ideal for your employer to consult with you before furloughing you. At all given times, when selecting someone for furlough leave an employer should base their decision on the needs of the business. The employer should consider fair and non-discriminatory criteria prior to deciding who they intend to furlough. Given the current Covid-19 pandemic, if your employer has an adequate amount of work coming in and the business needs the support of the employees to carry out that work, your employer may not want to furlough you. That is a reasonable working request by your employer. Wherever possible, they need to adhere to the Government social distancing rules and put in places measures to protect you.

If you do not want to go to work as you are worried about catching the virus, then raise any concerns you have with your employer. However, if the business needs you in and protective measure can be put in place then your only option of staying off work would be to either use your holiday entitlement or ask your employer for unpaid leave (subject to their agreement).

In the current economic climate, some employers are making employees redundant, rather than putting them on furlough leave. Is there any requirement for an employer to put an employee on furlough leave rather than making them redundant?

In this Covid-19 pandemic, it is very uncertain if employers are required to put employees on furlough leave rather than making them redundant. This may be something the employer can discuss with you rather than making you redundant. Although there is no obligation on your employer to follow such an approach, they must follow unbiased procedures in selecting those whom they wish to make redundant and at all given times the employer should try and adopt an approach alternative to redundancy. The employer should pay closer attention to the Coronavirus Job Retention Scheme, as it may save the employee from redundancy.

There may be some employers who will choose to make their employees redundant, rather than applying for the furlough scheme. If you are given a notice of redundancy or have been made redundant after 28^th February 2020, your employer can put you on furlough leave, but this is at the discretion of your employer. The government aims to make employers understand that the scheme has been put into place to protect the business from closing and making redundancies. If an employer is having cash flow problems and cannot afford to pay the employee and it seems very likely that the role will no longer be required or the business is closing then the employer may choose to make redundancies instead. However, there is a possibility that if you do not utilise the scheme when it is available to you, as an employer you may have to explain why.

At present many employers are suffering from cash flow issues and until the scheme is granted to your employer, they may not be able to pay you. In such a case, you can agree to defer being paid until your employer receives the necessary funds from the government scheme.

Please contact Nayyars Solicitors on 0161 225 1223, if you wish to seek employment advice.

Au Revoir 2018

Where does the time go? As we have a few days left of 2018, as always, I sit and reflect on the highs and lows of the year.

This has been an incredible year for Nayyars in so many different ways. Firstly we have been nominated and won numerous awards including one from the prestigious Law Society itself. We have been up with the big guns of the legal world when shortlisted as finalists. For a Firm the size of ours, that is phenomenal!  We have truly placed ourselves on the legal map in 2018.

We have opened our second office in Levenshulme, Manchester. For personal reasons, (I walked those streets on the way to school every day), this is a huge milestone in the Nayyars game plan to open a number of offices throughout Manchester.  Our growth has always been organic and word of mouth recommendations are resulting in rapid expansion. We now deal with a number of different areas of law including divorce, child contact, immigration, employment, will writing and debt actions.

From a turnover perspective, we have had our most successful year since we opened. Our fees and settlement rate is at an all-time high. The credit must go to the Nayyars Team who run this place like clockwork. It is no coincidence that we reach targets each month – the results speak for themselves. Every cog in the Nayyars wheel is working to perfection.

The Nayyars Team has always worked hard but in line with our philosophy we have played hard too. I am still recovering from our Christmas Party which we all agreed was our best to date!

As we bring 2018 to a close, as always I would like to thank the Nayyars Team. We spend more time with each other at work than we do at home. Anyone who has ever worked at Nayyars will tell you – we are the Nayyars family. Myself and Juwad genuinely have a lot of love and respect for every one of them and appreciate that none of it would be possible without them.

Finally I would also like to thank all the companies we work with and our amazing clients. The Nayyars Team hopes that 2019 bring you good health, wealth and lots of happiness!

How Many Personal Injury Claims Go to Court in the UK?

If you are considering pursuing a personal injury claim, the prospect of having to go to court may give you pause for thought. After all, most people spend their lives trying to avoid stepping into the courtroom, but should you expect to spend any time in the witness box?

In this article, we are going to explore just how many claims end up in court and what can be done to give yours the best chance of avoiding a judge. We will also share what you should expect if court proceedings look inevitable.

How Many Personal Injury Claims Go to Court?

When it comes to pursuing a personal injury claim, the goal should always be to reach a settlement out of court. That way the claim can be resolved as quickly as possible and you can keep your legal costs to a minimum.

You will be glad to hear, then, that the vast majority of personal injury claims are successfully settled out of court. In fact, only around 5% of personal injury claims go to court before a judge.

Why Are Most Compensation Claims Settled Out of Court?

The reason that only a small number of claims go to court is because most are pursued by solicitors on behalf of their clients. Claims that are pursued by solicitors are done so because they are judged to have a high chance of success. Therefore, it is no surprise that most are settled.

The other reason most personal injury claims do not go to court is because doing so is an expensive process that neither party wants to pay for. In fact, in many cases the defendant will settle even if they think they are in the right, simple to avoid the cost and distraction of having to go to court.

How Do You Know When to Settle?

If you have been offered a settlement as part of your claim, you may be unsure whether to agree to it. In an ideal world, you would be offered the full amount of damages you are seeking, but this is not always the case.

Instead, the defendant may offer you a reduced sum on the basis that they dispute some or all of your claim. They may even offer you a settlement simply to resolve the dispute, but not admit fault.

When offered a reduced sum, your initial instinct may be to reject it out of hand. Before you do, though, you should way up whether accepting a reduced settlement is a better or worse deal than stomaching the additional cost and time of going to court.

In many cases, it makes more sense to accept a settlement, since it allows you to avoid the extensive legal fees of going to court. If the settlement offer is too low, consider a counter-offer. Even if this is not successful, you will demonstrate to the court that you have attempted to reach a resolution outside of court, which is positive.

Of course, if you are using a solicitor to pursue your claim, you will be able to lean on their expertise and experience when deciding whether to accept a settlement offer.

Why Do Claims Go to Court?

While most claims are settled out of court, you have to prepare for the possibility that yours will need to go before a judge. A claim will go to court usually for one of the following reasons:

1. Case complexity: Some personal injury claims are inherently more complex than others. Serious injuries or those with complex medical considerations can be more likely to reach court.
2. Unresponsive defendant: If you are unlucky enough to be dealing with a defendant or insurer that does not want to communicate reaching a settlement may not be possible.
3. Interim payments: While working towards a settlement, you may apply to court for interim payments to cover any costs of urgent treatments or living expenses.

What Happens If Your Claim Does Go to Court?

If you and the defendant are unable to reach a settlement, the next step is to commence court proceedings. However, even this does not guarantee court action.

Issuing court proceedings is a strong statement of intent and may be all that is needed to convince the other party to come to the table. As such, your solicitor will continue to press for a settlement to conclude the claim as quickly as possible.

Where court action is inevitable, whether or not you need to attend in person will depend on the value of the claim. For those that are estimated at between £1,000 and £25,000 then your appointed solicitor or barrister will represent you.

If the claim value is more than this then you may be expected to attend to answer questions about how your injury was incurred.

How Long Does it Take for a Claim to be Settled at Court?

Alongside the cost, one of the major benefits of avoiding court is reducing the time it takes to conclude your claim. If it does have to go to court, though, it is important to set your expectations for how long it will take.

Typically, you should expect your claim to take anywhere from nine to twelve months to be concluded. However, this can take a shorter or longer amount of time depending on the value of your claim and the complexity of the case.