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Jul
2019
What To Do When an Employee Resigns

You receive notice of someone’s resignation from your employment. But what do you do next? It is likely that you will be surprised or even unprepared for this so there is a danger that you do not think beyond the obvious issues of leaving dates and P45s. Stepping back from the immediate emotional reactions this news might evoke, there are many things to think about. Should you make the employee work their notice, or might you prefer to put them on Garden Leave? Can you pay them in lieu of notice? Can you amend their duties or restrict them from competing against you in their new job? What else should you bear in mind? The TSP Employment team have set out below some of the things that you should consider on receipt of someone’s notice of resignation but will be happy to discuss further with you any specific issues that you might have. If you have any questions about any of the stages outlined above, please contact Employment Law specialist Jolyon Berry on Jolyon.berry@tsplegal.com or on 01206 217034

Jul
2019
When to hand over power of attorney – a gentle guide for dementia sufferers and their family

For years, the worry of cancer was one of the UK’s biggest health concerns. Now, another devastating disease has taken its place at the top of the list of diagnoses we all dread – dementia. Over 800,000 people in the UK now live with dementia, and the indicators are that the number of patients with this life-shortening condition will grow. A diagnosis of dementia doesn’t just affect the patient, but the entire family too. In its latter stages, the dementia patient will rely on family members and carers to look after their affairs, from everyday things like eating, getting up, and bathing, through to those long-term considerations such as wills, financial affairs and bill payment. It is at this point that a family member can be given power of attorney over a dementia sufferer’s affairs, so that everything is taken care of on behalf of the patient. What is power of attorney? Granting someone power of attorney over your affairs means that you hand over the power to make decisions on your behalf to someone else. This is often a family member or solicitor. There are two types of power of attorney – one to handle property and financial affairs,
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Jul
2019
A Quick Guide to Making a Will

Though it may be tempting to delay making a will until a later date, it’s essential if you want to ensure your estate is distributed among your beneficiaries without complications. Here, we take a look at the six basic steps involved in making a will and why it’s a good idea to seek professional legal assistance when doing so. The contents of your will The first step in creating a will is to have your estate valued and to determine what assets you have to distribute among family and friends. This will involve looking at both your assets and debts to ensure that you have a comprehensive understanding of what you have to leave to your beneficiaries. 2. The distribution of those contents Having established what assets, including personal belongings, you have to pass on to inheritors, you next need to determine how these assets will be distributed. Most people writing their will have a relatively clear idea of how they want to divide their estate and to whom certain assets will go. 3. Choosing an executor The executor of a will is the individual who ensures that the terms of the will are carried out precisely and in accordance
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Jul
2019
A Rocky Road to Freedom of Expression

Two recent tribunal cases highlight the challenges for employers who are trying to navigate the balance between the rights of staff and others when considering their ability to express personally held views or beliefs. A hospital nurse who discussed her religious views with patients, offering a bible to one and advised another that his survival prospects would be improved if he prayed to God, was dismissed for “improper proselytising”. That dismissal was fair. But in a another case, a quality control manager who was asked to keep her sexual orientation private was awarded £8,000 in compensation. Nurse Sarah Kuteh was responsible for assessing patients about to undergo surgery part of which involved asking them about their religion. Some complained that she initiated unwanted religious discussions. Mrs Kuteh was reprimanded. She assured managers that she would not discuss religion with patients unless she was directly asked. However there were more complaints and  she was dismissed on the grounds that she had breached the Nursing and Midwifery Council’s code of conduct.  She issued an unfair dismissal claim, alleging a breach of a European Convention right to freedom of thought, conscience and religion. When the case of Kuteh v Dartford and Gravesham NHS Trust [2019] EWCA Civ
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Jul
2019
Where can you be buried or scattered after your death?

Our final journey is one we all make alone, but it is up to every individual to make sure that those left behind are fully aware of their last wishes. That includes how to deal with their body, whether they want a cremation or burial. For years, bodies have been interred in designated graveyards, or cremated at the local municipal crematorium. The details are usually handled by the Undertakers. Funerals are very expensive, with recent estimates putting the average price at around £4,000. This amount can vary depending on whether you want to be buried or cremated, the extravagance of the ‘send-off’ (including the cost of the casket), and where you live and die.  In London, for example, the price of a funeral can be double that of the national average, but you can arrange a ‘Direct Cremation’ (a very simple ceremony) for around £1,600. What is a Direct Cremation? It is a ‘no-fuss’ cremation where the body is collected from the mortuary and cremated. There are no limousines, hearses or ceremony, and your family will need to request the ashes afterwards so they can be disposed of according to the deceased’s wishes.  It is a no-frills option for those
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https://www.tsplegal.com/personal-injury/right-hand/page/2/?post_type=personal_injury_2