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Thorneycroft News for July 2015

Listen to yesterday’s Legal Eagle Slot on Silk 106.9

31st July 2015

Listen to yesterday’s Legal Eagle Slot on Silk 106.9

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IGNORANCE OF THE LAW IS NO EXCUSE (and may be fatal to your business!)

17th July 2015

It is often said that ignorance of the law is no excuse but this is never more true than in the area of employment law.

Although I have spent over thirty-five years practising the law and employment law in particular, every day still presents me with questions I can not answer straight away.  Luckily, I usually know where to find the answer but how is the hard pressed owner/manager of a small or medium sized business expected to have the time or resources to do the same?  Answer – he doesn’t!

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Thorneycroft Solicitors granted ABS licence as new group structure unveiled

2nd July 2015

Thorneycroft Solicitors has been granted an alternative business structure (ABS) licence by the Solicitors Regulation Authority as part of a major restructuring of its operations.

The firm’s newly-formed parent company, TS Group Limited (TSG), is made up of six businesses, including insurance claims management business Bankstone, in which TSG now has a majority stake.

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Woman received five figure settlement after court agreed informed consent not given

22nd July 2015

A woman, who was left unable to have children, has received a considerable payout after a Court agreed that she had not been made fully aware of the risks involved in an operation to remove a polyp.

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Company fined £75,000 after an employee fell 10m through fragile roof

22nd July 2015

A company has been found guilty by a Crown Court of breaching regulation 4(1) of the Work at Height Regulations 2005.  The worker involved in the accident had previously raised concerns about the fragility of the roof before he was asked to ascend and repair some cracks.

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Motorcyclist airlifted after collision with car

15th July 2015

A 27 year old man has been injured after being hit by a Peugeot 106.  The motorcyclist was injured after the car collided with his bike at a busy junction.  The accident happened at about 2 pm and emergency services responded quickly to calls for help.

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Colchester General Hospital under scrutiny

30th July 2015

Colchester General Hospital is in the spot light after recent figures reveal a serious incident is reported every day with 368 reported in 2014.  Some of these incidents are still under investigation but 200 have been confirmed.

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Worker seriously injured by unguarded machinery

15th July 2015

The number of workplace accidents caused by unguarded machinery is sadly still high.  It seems inconceivable that when a company chooses to install a heavy bit of kit onto its premises that it would not follow the manufacturer’s guidelines and ensure the necessary safety guards and barriers where in place to protect their staff from injury.

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Voluntary overtime and holiday pay

8th July 2015

Case law has previously held that when calculating holiday pay employers should take into account commission and non-guaranteed overtime payments where such payments form part of an employees ‘normal’ pay. 

The latest question to be considered in a recent Northern Ireland case was whether voluntary overtime payments must also be included in holiday pay, i.e. where there is no obligation on the parties to offer or accept overtime. At first instance this was held not to be the case, which would have been welcome news for employers. However, on appeal it was decided that voluntary overtime should be included in holiday pay calculations.

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Woman receives £12,000 in compensation for botched dental procedure.

7th July 2015

A woman has been through a year long ordeal after she was left with a gaping hole in her mouth and experiencing considerable pain after an unsuccessful procedure to fit a bridge in her teeth.  Bridges are used to replace teeth. They span the missing space and are cemented to existing teeth next to the space.

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