Simons Rodkin Solicitors LLP

07/06/2023

Bullying and Harassment in the workplace

A safe and respectful work environment is essential for the well-being and productivity of employees. Unfortunately, workplace bullying, and harassment can undermine this environment, significantly negatively impacting individuals and organizations.

Understanding Workplace Bullying and Harassment:

Workplace bullying refers to unwanted behaviour that creates an intimidating, hostile, or offensive work environment. It can manifest in various forms, including verbal abuse, threats, humiliation, exclusion, unjust criticism, offensive jokes or very personal questioning. If the bullying is in relation to a protected characteristic, such as age, disability, gender, race, religion, sexual orientation, or gender reassignment it may be legal harassment. If the harassment is very serious such as a physical or sexual threat it may even be criminal behaviour.

Legal Framework and Employee Rights:

The Equality Act 2010 prohibits harassment and discrimination based on protected characteristics.

Employers need to provide a safe and inclusive workplace free from bullying and harassment. This includes taking proactive measures to prevent such behaviours, implementing policies, and providing appropriate training.

Policies and Procedures: Employers should establish clear policies and procedures to address workplace bullying and harassment. These policies should outline definitions, reporting mechanisms, and disciplinary actions. Employers must communicate these policies effectively to employees and ensure they are readily accessible.

Prevention and Awareness: Employers should take proactive measures to prevent bullying and harassment. This includes providing training to employees and managers on recognizing, preventing, and addressing such behaviours. Employers must create a culture that encourages respect, inclusion, and open communication.

Prompt and Thorough Investigations: Employers are responsible for conducting impartial and thorough investigations when a complaint is raised. This involves collecting evidence, interviewing relevant parties, and taking appropriate action based on the findings.

Avenues for Redress:

Informal Resolution: Employees are encouraged to address workplace bullying or harassment initially through informal channels. This may involve speaking to the individual directly, discussing concerns with a supervisor or manager, or seeking mediation to resolve the issue.

Formal Grievance Procedure: Employees can raise a formal grievance following the employer's established procedures if the informal approach fails or is inappropriate. This involves submitting a written complaint outlining the details of the bullying or harassment incident and any supporting evidence.

Legal Action: If internal resolution attempts do not provide satisfactory outcomes, employees may seek legal advice and pursue a claim through an employment tribunal. Employment tribunals have the power to investigate complaints, award compensation, and provide redress for victims of bullying or harassment.

If you are facing bullying or harassment at work, or are an employer dealing with such a situation or would like help preparing policy documents please call 0208 446 6223 to speak to someone on our employment team or email [email protected].

A safe and respectful work environment, with no workplace bullying is essential for the well-being and productivity of employees.

12/05/2023

Maternity Rights in the UK: A Guide for Expecting Mothers

Becoming a parent is a life-changing event, and knowing your rights as an expecting mother in the UK is essential. Fortunately, there are laws to protect pregnant women and new mothers from discrimination and ensure they have access to necessary benefits during this time. This article will cover the basics of maternity rights in the UK.

Time Off for Pregnancy Care

If you are an employee (or an agency worker who has been there for at least 12 weeks) you are entitled to take paid time off for reasonable antenatal care recommended by a doctor, nurse or midwife. This can include medical appointments related to your pregnancy as well as parenting or birthing classes. You can take as much time off as necessary, and your employer cannot refuse your reasonable requests.

Maternity Leave

You can take up to 52 weeks off work, the first 2 weeks are Compulsory Maternity Leave (4 weeks if you work in a factory) the reminder is divided into: Ordinary Maternity Leave (OML) and Additional Maternity Leave (AML). OML is the first 26 weeks of maternity leave, and during this time, you are entitled to your usual employment rights and benefits. AML is the second 26 weeks of maternity leave, and while you are still entitled to your employment rights, you may not receive all of your usual benefits. Your employer should provide a written statement outlining your maternity leave and pay entitlements. The length of Maternity Leave may vary for every employee and an employee may change her return date by giving 8 weeks’ notice and start date with 4 weeks’ notice. You can start maternity leave from 11 weeks before your due date.

Maternity Pay

If you are eligible, you can receive Statutory Maternity Pay (SMP) during your maternity leave. To qualify, you must have worked for your employer for at least 26 weeks before the 15th week before your due date and earn an average of at least £123 per week.

SMP is paid for up to 39 weeks, and you'll receive 90% of your average weekly earnings for the first six weeks. After that, you'll receive £172.48 per week or 90% of your average weekly earnings (whichever is lower) for the remaining 33 weeks.

If you're not eligible for SMP, you may be able to claim Maternity Allowance instead if you've been employed or self-employed for 26 weeks in the 66 weeks before your due date or help a spouse or civil partner run a business The government pays for this and offers similar benefits to SMP.

Some companies also give contractual maternity pay as a benefit of working there, you should find any such information in your employment contract. Contractual maternity pay must always be more then statutory maternity pay.

Returning to Work

After your maternity leave, you have the right to return to your job. If you've taken OML, you're entitled to return to the same job. If you've taken AML, you have the right to return to the same job unless it's not reasonably practicable, in which case your employer must offer you suitable alternative employment.

Protection from Discrimination

Pregnant women and new mothers are protected from discrimination under the Equality Act 2010. This means that your employer cannot mistreat you because of your pregnancy or because you've taken maternity leave. If you believe you've been discriminated against, you can make a complaint to an employment tribunal.


Pregnancy and motherhood can be challenging, but it's important to remember that you have rights as an expecting mother in the UK. You're entitled to paid time off for antenatal care, maternity leave, and statutory maternity pay. You also have the right to return to your job after your maternity leave and are protected from discrimination by law. If you have concerns about your maternity rights or discrimination please contact us on 0208 446 6223 or email [email protected].



https://www.sr-law.co.uk/articles/maternity-rights-in-the-uk-a-guide-for-expecting-mothers/

11/05/2023

Unfair dismissal

We can help you with unfair dismissal in several ways, including:

Advising you on the strength of your case: Our employment team can assess the circumstances surrounding your dismissal and advise you on whether you have a strong claim for unfair dismissal.

Representing you in negotiations: If you are negotiating a settlement with your employer, our employment barrister or solicitor can represent you to ensure that you receive fair compensation.

Representing you in legal proceedings: If your case goes to an employment tribunal, our employment barrister or solicitor can represent you in the legal proceedings and argue your case on your behalf.

Helping you to gather evidence: An employment barrister or solicitor can help you to gather evidence to support your case, such as witness statements and documentation.

Explaining the legal process: The legal process for unfair dismissal can be complex, we can explain the process to you and guide you through it.

Generally, we can provide legal advice, support, and representation to help you achieve the best possible outcome in your unfair dismissal case.

Please contact Kevin Harris here: https://www.sr-law.co.uk/team/kevin-harris-consultant-employment-barrister/ or call 0208 446 6223 or email [email protected]



https://www.sr-law.co.uk/legal-services/employment-discrimination-law/

09/05/2023

Family Law Solicitors London and Hertfordshire

Our Family law specialist Simon Cooper has over 25 years of experience in the field and is a trained Family mediator. He is assisted by other fee earners in the firm. His philosophy is to help you achieve the best outcome on breakdown with the minimum stress and acrimony and at a fair cost and take the worry off your shoulders.

Areas of work are:

Divorce Separation and dissolution of a marriage or civil partnership.

Resolving Family finances and division of property and assets including financial settlements following the breakdown of the relationship.

Issues regarding children following the breakdown of the relationship including child arrangement orders, and child maintenance orders for married and unmarried parties.

Helping couples on separation who are not married or have civil partners.

Emergency court applications for personal protection or to protect finances.

Pre- and Post-Nuptial Agreements.

We can prepare family trusts; these are prepared by our Trust and Probate consultant; Julian Cohen.



https://www.sr-law.co.uk/legal-services/family-law/

18/02/2022

Employment Law Settlement Agreements

What are settlement agreements?

These are legal agreements between the employer and employee, usually made to agree on the terms on which the employee will depart. The employer can agree to pay an additional sum of money and the employee promises not to bring any claims against them, such as unfair dismissal. They are frequently used in redundancies but can be agreed upon in any circumstances where there is a dispute. For example, an employee may wish to leave following a disciplinary allegation or after bringing a grievance.

Do I need a lawyer?

Yes. To be legally binding a lawyer must advise on the terms and the effect of the agreement and supply an adviser’s certificate confirming that they have done so.

How much does it cost?

If an employer wants you to sign a settlement agreement, they should offer an amount in the agreement to cover the full costs. For straightforward agreements, this should be £250-£500, but it may be more if there are complicated issues such as an incentive plan. In most cases, we will be able to complete a settlement agreement within the amount the employer offers to pay.

Why Simons Rodkin Solicitors LLP?

If you are sure you want to sign the settlement agreement, we are able to offer a fast turnaround. We can go through the agreement with you by phone or video call and you can sign the agreement online and complete the process on the day or soon after.

If you are not sure about the agreement, we can advise you on your options and support you in trying to negotiate a better deal. We have experienced litigation lawyers and if you decide not to sign the agreement, we can represent you in any claim you wish to make against your employer. Many firms will sign off the agreement for you but will not be able to support you if you decide to turn down your employer’s offer.



https://www.sr-law.co.uk/legal-services/employment-law-settlement-agreements/

04/06/2021

Bankruptcy Solicitors in London and Hertfordshire

Bankruptcy and Insolvency are key areas of our work.

We are very experienced in relation to the following:

Making applications to the bankruptcy judge to annul (or set aside) bankruptcy orders
Defending statutory demands and bankruptcy petitions
Defending claims in relation to the family home brought by trustees in bankruptcy
Defending other claims raised by a trustee in bankruptcy
Defending requests by a trustee in bankruptcy for income payments agreements/orders
Defending applications by the Secretary of State to extend the period for bankruptcy restrictions
Advising debtors in relation to voluntary arrangements and referring debtors to insolvency practitioners who are known to us

https://www.sr-law.co.uk/legal-services/bankruptcy-solicitors-in-london-and-hertfordshire/

17/02/2021

Employment and Discrimination Law Solicitors

We act for both employers and employees and provide support and advice for all employment law issues, from drafting the employment contract to representation in the Employment Tribunal.

https://www.sr-law.co.uk/legal-services/employment-discrimination-law/

25/01/2021

Divorce Lawyers London and Hertfordshire

Our firm specialises in not only simple divorce proceedings but also complex divorce proceedings that have involved separation, financial settlements, the involvement of children as well as the international aspects involved.

We have an experienced family law consultant, Simon Cooper, who has over 20 years’ experience in this area of work. Simon is assisted with fee earners from our firm on his ongoing work with us.

As well as representing clients in obtaining a divorce, we also assist in ancillary aspects such as financial settlement/distribution of family assets, maintenance for spouse and children, care arrangement orders concerning children.

https://www.sr-law.co.uk/legal-services/divorce-lawyers-london-and-hertfordshire/

23/12/2020

Representing clients who engage carers

It is always best to have a proper agreement with carers. If the carer is employed, then it is necessary to comply with relevant employment legislation including the provision of minimum information to the carer. This requirement is set out in section 1 of the Employment Rights Act 1996. The requirement includes information in relation to the date when the employment began, job title or a brief description of duties, remuneration, hours of work, holidays, sickness, pension, and disciplinary and grievance procedures. The contract should contain other clauses, and in particular a confidentiality undertaking. A GDPR privacy notice should be also issued to the carer (- whether employed or self-employed). It is important for the employer to comply with other employment legislation such as properly carrying out statutory right to work checks.



https://www.sr-law.co.uk/legal-services/engagement-of-carers/

15/12/2020

Immigration Solicitors

Immigration consists of a key area of the work of this firm.

We can meet with you at any of our three offices; namely

a) Central London - located at 32 Bloomsbury Street, WC1 (close to Tottenham Court Road underground station)
b) North London - located at 212 Regents Park Road, Finchley, N3 (close to the North Circular Road and Finchley Central underground station)
c) Hatfield, Hertfordshire Office (close to the A1, and located opposite to the mainline station in Hatfield)

We can offer an initial telephone discussion at no charge or a 30-minute fixed fee meeting at £250 plus vat.

For complex/difficult cases - which we are regularly faced with, we will (if you wish) organise (at a reasonable cost) a fixed fee initial telephone conference with specialist immigration counsel, to discuss the various options, and the best route forward. These are typically cases where a visa application or appeal has been rejected, (typically where other solicitors/immigration advisers have been representing the client.)

Our time-based fees are reasonable, and we will also consider fixed fees. (We will normally quote after a fixed fee meeting when we can understand the issues). We may also enlist the assistance of specialist immigration counsel to assist in complex/difficult cases.

If your matter is urgent, we can see you on the same day.

We can also if necessary, work within tight deadlines to submit appeals or visa applications

The Home Office is taking a very harsh line at the moment. They are very keen on rejecting applications for technical reasons, and in some cases, visas are only likely to be granted following an appeal to the Immigration Judge

Our success rate with applications is very good. The reason for this is the detailed approach which we take in putting together the application, and the supporting material which we provide, which normally includes witness statements and (in difficult cases) legal representations prepared by counsel.

Immigration appeals also consist of a key area of our work.

Again we also have a very good success rate with appeals. We are a litigation firm and accordingly, approach appeals in the same way as we deal with our civil litigation work which includes preparation of witness statements and other evidence to be placed before the judge at the appeal hearing and the preparation of a supplemental bundle of documents for use at the appeal hearing.



https://www.sr-law.co.uk/legal-services/immigration-solicitors/

11/12/2020

Personal Insolvency Solicitors Central London

We are experienced in assisting our clients with issues in relation to personal insolvency and bankruptcy.

Our office in Central London, 32 Bloomsbury Street, WC1B 3QJ is conveniently located close to Tottenham Court Road underground station and the British Museum. We also have offices in Finchley, Northwest London and Hatfield, Hertfordshire.

If the matter is urgent, we will endeavour to see you on the same day and if necessary, we can arrange representation for a hearing on relatively short notice.

We are a very approachable firm. Please telephone us, there is no charge for an initial telephone consultation which is usually about five to 10 minutes. We also can arrange an initial fixed fee meeting.



https://www.sr-law.co.uk/legal-services/personal-insolvency-solicitors-central-london/

10/12/2020

Landlord and Tenant Solicitor

Landlord and tenant solicitors with offices in Finchley, Bloomsbury and Hatfield.

This constitutes a key area of our work. We can undertake work in both the residential and commercial fields.



https://www.sr-law.co.uk/legal-services/landlord-and-tenant-solicitor/