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Dec
2019
Christmas and New Year

The Directors and Staff of Thompson Smith and Puxon wish all our clients and professional contacts the very best for Christmas and the New Year. Our offices will be closed from 12.00 noon on Friday 20 December 2019 for the firm’s Christmas party, and from 5.00 pm on Tuesday 24 December 2019 until 9.00 am on Thursday 2 January 2020. Instead of sending Christmas cards this year we are making a donation to Open Road. Open Road is an established Drug and Alcohol Recovery support charity in Essex and Medway. Open Road provides services to support individuals on their journey to recovery from drug and alcohol addiction. If you need help from Open Road you can get it at one of their centres, on the streets and at festivals, within the criminal justice system and working with businesses. You can reach out to them in person, over the phone, online via their website and social media platforms or via a professional you are currently engaging with such as a GP. At Open Road they pride themselves on giving people a safe place to go and discuss their problems, free from judgment and in complete confidence, with their trained and professional staff.

Dec
2019
A Warm TSP Welcome to Employment Law Solicitor, Lisa

Thompson Smith and Puxon is pleased to announce a new addition to their Top Tier (Essex) Legal 500 Employment Law Team, Lisa Dixon. Lisa is based in our Colchester office, working alongside Jolyon Berry and specialises in all employment related issues that most businesses face. She provides practical, commercial and timely advice and assistance on: Assisting Companies with business re-organisations, mergers and acquisitions and other changes that might affect staff Holiday pay issues Contracts and policies Managing internal staff related procedures such as grievance, disciplinary, sickness or maternity Protecting and enforcing your business interests when an employee leaves Staff incentive / share option schemes Employee dispute resolution Managing Tribunal disputes and representing clients at hearings to consider unfair dismissal claims or complex discrimination Lisa graduated from Leicester University, studied law the University of Huddersfield and was admitted as a solicitor in 2010. Lisa says “I am excited about working with Jolyon Berry as part of the Employment Team at Thompson Smith and Puxon and look forward to consolidating the team as the first choice employment team in the region.  Employment Law is varied and fast paced and no two client matters are the same.  I am a good listener and
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Dec
2019
Avoiding a Cracker of a Hangover from the Company Christmas Party

As the clock ticks down to Christmas party time, companies need to avoid the event becoming the wrong sort of cracker.  Any company-organised office party, whether in or out of working hours and on or off site, is an extension of the workplace which can test a business across the board on its policies and attitudes. “It’s a test for the culture of the business and its staff policies,” explained Lisa Dixon, Thompson Smith and Puxon’s new recruit into their employment team. “Incidents that start after a few too many drinks at work, regularly end in the employment tribunal and as there is so much more Tribunal litigation than there was even this time last year, employers should take a bit of care and staff may need to be reminded of the boundaries and what is acceptable behaviour or that, simply, the office party is exactly that; an office party where standards of appropriate behaviour are expected to be upheld.” A great risk for employers is being held vicariously liable for the misconduct of their employees at such events. While in July this year the Courts found that an employer is not liable for an employee sharing offensive images on Facebook
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Nov
2019
Contentious Probate – Challenging a Will and Other Claims

There are times when relatives or interested parties may want to contest a will because they feel it does not reflect the wishes of the deceased. Sometimes there are disagreements in the family, rivalries or issues that emerge through lack of communication. Challenging a will is demanding and expensive and it is important to obtain good legal advice. If you are successful the will is declared invalid and the next most recent will stands in its place. If there is no such will the rules of intestacy will apply.  You can contest a will if you have reason to believe that there may be something amiss with it, but not if you are just unhappy with the amount of your inheritance. There are various reasons why a will may be challenged. These notes give brief details of some of the most common reasons for these disputes. Invalid will To be valid, a will must be written and then signed in the presence of two witnesses, neither of whom can be beneficiaries of the will. The legal presumption is that a will has been validly executed unless there is evidence to the contrary, such as doubts over any of the above
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Nov
2019
Shareholder Disputes within Family Businesses

Family disputes can be difficult to deal with at the best of times, but what if there is a business involved? There are a number of ways families can manage and prevent disputes arising within family run businesses: well drafted Articles of Association, shareholder agreements and family constitutions can all help. We often see cases where families have not given any thought to any preventative documentation and one, or a few, shareholders feel disadvantaged or unfairly treated with the way decisions are made in relation to the business. When this happens mediation or a round table meeting should generally be the first port of call. It allows all parties involved to air their grievances and attempt a settlement that has the potential to suit all parties. Sometimes, however, this is not enough, and a member of the Company may have no other option but to apply to court under section 994 of the Companies Act 2006. This only applies to members of a company and therefore would not assist an individual who is not a member of the Company. Under this section, the Court has the power to provide relief to a shareholder on the basis that: “(a) that the
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https://www.tsplegal.com/personal-injury/right-hand/page/2/?post_type=personal_injury_2