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Home » Categories » Legal » Other Legal » Davey Franklin Jones Solicitors Spring Law Update » Printer Friendly

Davey Franklin Jones Solicitors Spring Law Update

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Submitted Tuesday, June 16, 2009
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"Door-Step Selling" New Regulations

Since October 2008 new regulations have been in force giving consumers the right to cancel an order for goods purchased as a result of a solicited or unsolicited visit. The previous regulations applied only to purchases resulting from an unsolicited visit.

The regulations apply to sales for more than 35. The seller must give notice of the right to cancel, and the buyer has a 7-day cooling off period during which the agreement can be cancelled by giving written notice to the seller. The seller can still seek immediate payment (e.g. of a deposit), but must give the buyer notice of the right to cancel. The regulations are likely to be relevant to those receiving home visits for the sale of driveways, replacement windows, etc.

Employment Redundancy Internal Vacancies

An employee at risk of redundancy must be offered any "suitable alternative employment". If there is an internal vacancy in the business, the employee should not be asked to compete for that job with other employees who are not at risk of redundancy. Any suitable employment within the employer's business must first be offered to the employee who is at risk of redundancy, even if there is a better candidate for the job. To require the employee to compete for the job might well make any dismissal unfair.

If an employee is at risk of redundancy while on maternity leave, she has special protection rights, which give her the automatic right to be offered any vacancy which is suitable and appropriate. In effect she has greater rights than other redundant employees.

Employers who have to consider redundancies should seek advice at an early stage. The rules and procedures are complex, and an error could result in an unfair dismissal claim.

Business Rates Empty Property

Currently there is only a 3-month business rates "holiday" for vacant office or retail premises, and a 6-month holiday for vacant industrial premises. After that, full rates are payable. There is a temporary exemption for the year 2009-10 for properties with a rateable value of less than 15,000. In the case of more valuable properties:

Short-term lets may be an option. If the premises are let for six weeks or more, there will be further "holiday" when they again become vacant and this procedure can be carried out repeatedly

Landlords will want to consider the business rates implications of taking back possession of premises on the surrender or forfeiture of a lease, particularly where there is little prospect of re-letting.

Intestacy Statutory Legacies

From February 2009, the statutory legacy payable to the spouse or civil partner of someone who dies without leaving a Will has been increased. Where the intestate dies leaving a spouse and children, the spouse's legacy will be 250,000 (increased from 125,000). Where there are no children, but the intestate is survived by a spouse and parents or siblings, the spouse's legacy will be 450,000 (formerly 250,000).

Despite these increases, it is still advisable to make a Will.

Davey Franklin Jones are a leading divorce solicitor based in Gloucestershire who also specialise in personal injury compensation and a variety of other types of law.



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