Practice Director, Cleo Howell has been appointed to membership of Last Cawthra Feather LLP after playing an instrumental role in the firms significant business growth since joining in 2001. As a non-lawyer and management accountant she is one of the significant contributors recognised by the firm.

During her time with Last Cawthra Feather, Cleo has been closely involved in the firms financial management and development, becoming a driving force behind gaining the Investors in People and Lexcel, the Law Society’s practice management standard, accreditations.

Commenting on her promotion, Cleo says: In the nine years that Ive been with the firm weve progressed so much. The role has been challenging at times, but ultimately extremely rewarding. We’ve recently unveiled our new online service, LCFOnline.co.uk which allows our clients to access our legal expertise when ever they need it. The innovative tool demonstrates our forward thinking attitude to the legal profession for which the firm was recognised in the 2009 Yorkshire Law Firm of the Year awards.

I’m looking forward to the next nine years with confidence that we’ll continue to expand our team and our client offering.

A further member of the team with reason for celebration is Steven Appleton. A recently appointed Associate with the firm, Steven has been announced as a member of Solicitors for the Elderly (SFE) after passing the entry exam with flying colours.

The SFE is an association of lawyers who specialise in legal services for older people and their carers. Members of the SFE, such as Steven have a wealth of experience within this niche legal area and are only granted the opportunity to join after a substantial amount of time working for elderly clients.

Last Cawthra Feather has also welcomed Carole Spencer to its Family Law team and Penny Barrand to LCF Residential Ltd, the firms residential conveyancing service.

Carole joins from Atkinson & Firth and will be based at Last Cawthra Feather’s Bradford office. Specialising in children and family finance issues, Carole will work closely with the firms large Family Law team.

Meanwhile, Penny who will be based at the Shipley office, will support the conveyancing arm of Last Cawthra Feather providing clients with her property expertise.

Commenting on Cleo’s promotion and the new additions to the team, Managing Partner, Simon Stell says: Cleo has become an invaluable member of the ever growing team at Last Cawthra Feather. She’s been a great support behind several of our initiatives to grow the business and has demonstrated her commitment to the firm, making her appointment as Partner well deserved.

We’re also delighted that Steven has been welcomed into the SFE. He did particularly well on his entry examination, which is testament to his vast experience and the understanding – in this specialist area of law. And with Carole and Penny on board, who have already proved themselves to be strong members of the team; I’m confident that LCF will continue to move in the right direction.

Last Cawthra Feather is a leading law firm and has offices throughout Yorkshire. It now has 13 partners and 125 employees. Visit www.lcf.co.uk  for more information.

Steve Willey, HR and Employment Law Consultant with Yorkshire Law firm, Last Cawthra Feather offers local employers clarification on returning employee issues:

Airlines such as Ryan Air initially announced that they will not pay their customers a penny more than the cost of their flight in compensation, asking the Government to foot the bill instead. This added insult to injury for the thousands of Yorkshire people stranded overseas and unfortunately many will be faced with yet more hurdles to jump when they return to work – a real prospect many employers will have to be prepared for.

In a nutshell, if an employee is on holiday and unable to report for work at the end of their pre-booked time they have three options. They can forfeit any remaining holiday entitlement to make up the shortfall, ask their employer to grant them unpaid leave or agree to make up the time. This is obviously at the discretion of the employer or based upon the terms of employment.

Employees are prevented by law from using holiday entitlement from the last or next years allocation unless that leave is over and above the minimum statutory entitlement of 5.6 weeks. However, any leave used to compensate the unrequested holiday will have to be given with the employers consent as the employee has no legal right to take it without agreement.

However for those employers whove not been informed of a member of staffs absence, theyre well within their rights to take the matter further. They can also request specific information about their absence if they strongly believe that the information provided is an inaccurate account.

Employees who are abroad on business are however entitled to their normal salary and allowances if they are delayed. This would typically include any out of pocket expenses, but doesnt have to include private costs, such as additional child care – yet again this is discretionary.

Steve concludes: The after effects of this natural disaster have been catastrophic for not just the travel sector, but British business as a whole. The domino effect will continue to be felt throughout industry for the months to come, so its incredibly important that those involved seek professional advice to smooth the difficult times predicted ahead. 

For further information, contact Steve Willey at Last Cawthra Feather on Tel:01274 848800 or visit www.lcf.co.uk

Victoria Robertson, Employment Law Specialist at The Needle Partnership

The Social Security (Medical Evidence) Regulations and the Statutory Sick Pay (Medical Evidence) (Amendment) Regulations came into force on 6 April. This means that ‘sick notes’ are now a thing of the past, replaced by ‘fit notes’.

The government hopes that fit notes will encourage further discussions between employee and
employer and doctor and employee, putting the emphasis on the return to work rather than on the absence from work.

What’s changed?

There are various differences between sick notes and fit notes. The “fit for work” option has been removed, replaced by a new option for a GP to tick a box stating that the employee “may be fit for work” with some support (note the word “may” – the onus is on the employer to ascertain if the GP’s recommendations can be put in place). GPs have the option to recommend a phased return to work, altered hours, amended duties, or workplace adaptations, and to include some comments about the effect of the employee’s condition.

The ‘not fit for work’ box is still an option and is bound to remain the most commonly-used feature, especially for short-term absence (after all, altered hours would not help, for example, a broken back!). The maximum length of a fit note in the first six months’ absence is three months, reduced from six months with sick notes.

What’s the effect for employers?

We will be watching with interest to see how helpful fit notes actually are to employers.

Employees can still self-certify illnesses of up to seven days, so ‘fit notes’ are only useful for managing long term absence. Unfair dismissal law already requires employers to consider measures to assist employees in returning to work as an alternative to dismissal, but the fit-note will bring the GP’s opinion more firmly into the equation. As always, if an employee requests flexible working, the employer is obliged to consider the request, but can decline for various business reasons.

We think it likely that employers will still need full medical reports on employees on long-term sick leave, to understand more fully the reason for and estimated length of their absence. The fit note is a good starting point but in certain situations employers will need more details, especially where the employee may have a disability.

Employers already have a duty to make reasonable adjustments for disabled employees, but whilst the fit note does not introduce any new duties it may be useful in opening up a dialogue on adjustments, and establishing what may be reasonable.

The main effect of fit notes is perhaps a psychological one upon employees, as they are now being asked from the outset to consider their return to work. For employers dealing with sickness absence and its financial and organisational ramifications, this can only be a good thing.

For assistance with employment questions please contact Victoria Robertson, a specialist employment law solicitor at The Needle Partnership Tel: 08445 611484 or email victoria.robertson@needlepartners.com 

Health conscious dentists let down their guard and made sure they indulged whilst engaging with the law firm’s specialist Dental Team .Their plan to stand out certainly paid off as they became the most visited stand of the day.

The Dentistry Show attracts masses of dentistry professionals each year, eager to share their experiences with others and learn new techniques. Cohen Cramer Solicitors saw it as a great opportunity to network and demonstrate a full range of legal services available in the growing field of dental health care. During the event, innovative ideas were explored, including the use of Botulinum Toxin and advanced teeth whitening techniques. The Dental Implant Business (DIO) also gave a first ever live demonstration of implant surgery, using their immediate loading implants. This particular experience was unique as this surgery has never been performed live before. Many were amazed at how simple and effective it was as this new device is rarely used in the UK.

Even after causing a scene and making sure people left in a sticky ice cream mess, Cohen Cramer Solicitors found the event to be an uplifting experience and most certainly a worthwhile date in the calendar. John Grant, Head of the Cohen Cramer Dental Team said, “It is crucial that dental service providers have the opportunity to meet legal advisors who fully understand the complex and evolving landscape of dentistry. Our specialist team is ideally placed to provide a full range of legal services to dentist nationwide whilst retaining our emphasis on unbeatable client care and cost effectiveness.”

Cohen Cramer Solicitors are looking forward to attending more events in the future and hope that they can network with other industry professionals from all sectors. They strongly believe it is essential to use opportunities like this to enable closer working relationships with clients and gain further knowledge.

For further information, contact Cohen Cramer Solicitors on 0113 244 0597 or visit www.cohencramer.co.uk

Leeds lawyer Rebecca Lightfoot of DLA Piper in Moscow

A trainee lawyer from the Leeds office of DLA Piper has travelled to Moscow to spend six months learning the ropes of the Russian legal system.

As her colleagues in Leeds enjoy the end of freezing temperatures and snow and look forward to Spring, Rebecca Lightfoot is facing treacherously icy conditions and two foot snow drifts on her daily commute to DLA Piper’s Moscow office, where she is working as part of the corporate law team.

She explains; “Russian law continues to evolve in the commercial market. As a result, the certainties offered in English law are attractive to many domestic and international players in the Russian market.

“There are also a lot of joint ventures in the Russia at the moment, so I am mainly working on contracts and shareholders’ agreements.”

Rebecca is spending six months in Moscow as part of her two year trainee contract at DLA Piper, which was established in Leeds over 200 years ago and now has 67 offices in 29 countries, and encourages its trainees to spend time working in different markets to help develop their legal expertise.

“I am still getting to grips with the technicalities of the Russian market, but it is really interesting to apply my knowledge of English law to such a different business culture, and develop a real understanding of how another economy works.

“For example, although most companies want to use English law and English language contracts for their business agreements, Russian remains the main business language for the majority of negotiations.  Therefore, a lot of time is spent translating contracts between English and Russian to ensure each party knows what they are agreeing to.

“Thankfully, I had Russian lessons before I left Leeds, and my supervising partner is fluent in English, Russian and French.  If a Yorkshire company were looking to invest in this market, it would definitely help to have a feel for the basics of the language first .”

DLA Piper’s Moscow office is one of the largest in the local legal market and works on many of the country’s energy, telecommunications, hospitality and infrastructure projects, often involving colleagues in the UK and the United States.  The Russian economy is the eighth largest globally, and UK exports into the country were worth £2.8 billion in 2008. The energy, advanced engineering and professional services markets are all strong areas of growth and Western goods and services continue to be in high demand.

The opportunity for Rebecca to work in Russia came as a result of the Leeds firm’s strong links with its Russian colleagues, explains partner Andrew Davies, who heads up the office’s Russian connection.

“One of the major benefits of being a global law firm is that we can provide a DLA Piper lawyer wherever a company wants to do business in the world. Opportunities in Central Eastern Europe and Russia are of great interest to a lot of UK businesses at the moment, so we need to know that market.

“We work closely with our colleagues in Russia on a daily basis.  Rebecca is a talented young lawyer, so we were able to secure this opportunity, which will not only benefit her career but also give her a greater understanding of the Russian market, which she will be able to use to the benefit of our clients.”

Rebecca concludes; “It’s an amazing opportunity to be able to work in another country, and because of DLA Piper’s presence in the market, I am working on some really interesting projects.

“I am learning new things that I will be able to use in advising clients when I return to the UK – about the law, the culture and language, and the fact that you really can operate a business as normal, even when the snow is two feet deep!”

About DLA Piper:

1. DLA Piper is an international legal practice with over 3,500 lawyers across 67 offices and 29 countries.  From its offices across Asia, Europe, the Middle East and the United States, legal and business advisers provide a comprehensive range of services to local, regional and international businesses.

2. DLA Piper received an award for Outstanding Achievement at the 2010 Legal Business Awards and is ranked 1st by revenue in the Legal Business Global 100 2009.

3. For further information about our organisation and services, please visit our website: www.dlapiper.com.

Ms Ladele claimed that she was discriminated against on the grounds of her religious belief when the Council tried to compel her to carry out these duties.

The Court of Appeal confirmed there was no discrimination. They found that Islington Council had to provide ceremonies to both heterosexual and same-sex couples and more generally to promote equality and fight discrimination. They also found that the Council had to uphold non-discriminatory practices within its workforce. Exempting Ms Ladele from part of her duties would breach those responsibilities.

Essentially Ms Ladele was asking to be treated differently – which is not what discrimination law is about. It aims to ensure equality of treatment.

In reaching its decision the Court recognised the genuineness of Ms Ladele’s beliefs, and therefore her objections to what she was being required to do.

However it re-emphasised that in a democratic society it is often necessary for people to comply with laws they disagree with on religious grounds. So Quakers cannot withhold part of their taxes because the money will be used for weapons research, and a Christian sect which believes in corporal punishment cannot cane children in a school they run where that is contrary to national law.

There is sympathy for Ms Ladele. People may feel that the attempt to prevent discrimination to some has resulted in injustice to others. However, the Courts can only interpret and enforce the law – it is up to Parliament to create and change it.

The drive to eliminate discrimination against minorities will often involve difficult decisions over the rights of other groups. Sometimes these are not foreseen when laws are passed. It will be interesting to see whether in the longer term cases like that of Ms Ladele lead to any change in the current law.

Gemma, who lives in Leeds and is based at the Bradford office, has joined the Employment team, providing legal advice to Last Cawthra Feather’s diverse range of business clients on all areas of employment law. Gemma completed her law degree in Leeds and her Legal Practice Course (LPC) at the College of Law in York.

Katie, who lives in Saltaire, has been appointed to the Private Client team in the Shipley office, having joined the firm through Last Cawthra Feather’s acquisition of Kenningham Underwood Armstrong (KUA) last year. Katie completed a law conversion in Manchester before undertaking her LPC at BPP in Leeds.

Eleanor has joined the Dispute Resolution department in the Leeds office, which will enable her to work with international, national and local organisations, dealing with contracts, property, construction, building projects, intellectual property disputes and breaches of obligations and duties. Eleanor, who lives in Leeds, completed both her degree and LPC at the University of Sheffield.

Simon Stell, Managing partner at Last Cawthra Feather says: “We are delighted to be able to appoint Gemma, Katie and Eleanor as solicitors to meet the increasing client instructions in their respective departments. I am confident they will be successful in their careers and in meeting the needs of our clients.”

(L to R) Gemma, Katie and Eleanor

Comment from Kate McFarlane, spokesperson for Last Cawthra Feather Online, regarding the recent report from the TaxPayers Alliance (TPA) and the Drivers Alliance which explores the income generated from parking fines:

Although, the report reveals a 16 per cent reduction on last years 379million, it still has some interesting figures which highlight the amount of additional revenue local authorities make from this area of law. Nationally, 6.14 is the average amount recouped in parking fine enforcement per daytime resident, with Leeds average not far behind at, 6.03. However, in other areas in the region, the figures are considerably lower with York daytime resident paying 3.68 and Bradford, 0.79.

So either local authorities are easing up in issuing tickets and fines, or people are not taking as many risks as previously the case. However, for thousands of local motorists, the question of how to appeal against parking fines remains.

At Last Cawthra Feather we take calls everyday from clients wanting to know what they can do to challenge their fine. The actual procedure is very simple but the prospect of incurring solicitor costs on top of the fine usually means they pay up with a sigh of resignation.

However, at LCF Online, our self service online facility, consumers can find the means to challenge a parking fine themselves for as little as 2.00, without having to speak to a lawyer. Making appealing against the enforcement far easier and significantly more cost effective.

For more information visit www.lcfonline.co.uk
Figures obtained from a combined report issued today by the TaxPayers Alliance (TPA) and the Drivers Alliance, who campaign for lower taxes, showed the total income generated by parking fines enforcement between 2008 and 2009 was 328million.

The speech included a pledge to provide agency workers with the same rights as a businesss permanent employees doing the same kind of work in the same place, ensuring more standardised rate of pay, holiday entitlement, breaks, rest periods and allocation of some bonuses.

Steve Willey, HR & Employment Law Consultant at Last Cawthra Feather comments: The most obvious effect of the changes will be to increase the cost of using an agency worker. It therefore seems likely that, although individual agency staff will gain, the bigger picture may be that local businesses have no choice but to reduce their reliance on agency staff because the cost advantages of using them are so dramatically reduced, which is, in turn, very bad news for agencies.

As the largest user of agency staff in the EU, estimates suggest that over one million people work in the temporary labour market in the UK. The CBI has estimated that up to a quarter of those posts could disappear if the differences between agency staff and employees were to be abolished.

Steve continues: Our Regional economy makes extensive use of agency workers with local councils, NHS trusts, and thousands of private companies relying on temporary workers to fill gaps in staffing. We have hundreds of small agencies in the region and, whichever side of the argument you are on, it is undeniable that a reduction in the availability and use of agency staff will have a significant impact.

With a general consensus that the Government will be forced to introduce the legislation because it originates from an EU Directive, it is essential that both companies and agencies assess the full extent the changes will have on their business and what can be done to manage the changes in the most effective way possible.

It may well be that local businesses will try and evade the regulations. As the main rights will only apply after an agency worker has been in an assignment for 12 weeks, an attempt will be made to move workers around so they never accrue 12 weeks within one role, adds Steve.

However, with efficiency of agency staff driven by the level of knowledge they have of a role, and bringing new staff in every few weeks often proving disruptive and costly, end users may find avoidance of the regulations a more expensive alternative in the long run. This approach will also expose the agency and business to the risk of a claim from a temporary worker who thinks they are not experiencing equality.

To find out more about the implications of proposals highlighted in the Queens Speech have on your business, contact Last Cawthra Feather on 01274 848800 or visit www.lcf.co.uk.