PIP Breast Implant Bulletin

The problem with the French made PIP implants, now at the centre of a global health scandal, first came to light in March 2010 following reports of the use of industrial grade gel in its implants and higher than expected rupture rates. 

The French regulators found that the gel used was not the same as that described by PIP, that it was not of the correct quality and that it caused inflammatory reactions.  The gel used was in fact not for use in humans but intended for use in mattresses.  The boss of PIP has now been arrested in the South of France.  He previously told investigators that he had instructed his staff to hide the gel from inspectors.

In December, the French government advised 30,000 women with faulty PIP implants to have them removed.  The Dutch and German Governments have followed suit, insisting that women with PIP implants have them removed and replaced. 

Unlike the French government, the British Department of Health has emphasised that there is no urgent need to have the implants removed, although the NHS will pay for women to have implants removed and replaced if the operation was originally was done on the NHS. 

There are some 40,000 women in the U.K. with PIP implants.  The overwhelming majority of implants in the U.K were fitted in private clinics.  Unfortunately, some clinics refuse to remove or replace the implants while some will charge several thousand pounds to have the operations redone.  The situation highlights a key difference between private and NHS healthcare in the UK, when it comes to obtaining redress when things go wrong.

Groups which have refused to remove or replace the implants include the Harley Medical Group, Transform and Surgicare Limited. Women have also had difficulty obtaining information about the type of implant used and getting satisfactory advice from their clinic.

What can a woman do who is concerned about having a PIP implant?

Our advice for any woman who is concerned about having had a PIP implant is to see her doctor, in particular if there are any medical problems.  Possible symptoms may include the formation of lumps, pain, accumulation of fluid, fatigue and inflammation.

If the operation has been done privately, it is important to complain to the clinic and keep copies of any correspondence, including details of any payments made.  If the implant has ruptured, you may be entitled to compensation for the failure of the product - compensation for the pain and suffering caused by the ruptured implant and the cost of any removal and replacement procedure.  Even if you are worried about the risk of rupture, you may still be entitled to compensation for the increased anxiety and need for replacement in any event. 

It is of course important to seek legal advice as soon as possible so that we can assess your individual circumstances and take the necessary steps on your behalf to protect your position.

There may be a further remedy if the implants were paid for by Credit Card, under the Consumer Credit Act.  Under this act, the credit provider may well be liable to provide compensation.    

Headway recognise Tees' expertise in Brain Injury cases

Tees has been included, once again, on Headway’s Personal Injury Solicitors List – a directory of solicitors with a proven track record of handling brain injury claims.

Headway is a national charity that aims to increase awareness of brain injury and its consequences; to provide support for people with brain injuries and their relatives and carers; and to promote improved rehabilitation and social re-integration.

Headway recognises that those who have suffered a severe brain injury (or indeed their families) often need specialist  legal advice and assistance.  Brain injuries are complicated and involve different considerations.  It is important to choose the right solicitor – a solicitor with experience and expertise in brain injury cases. 

Tees is delighted to be included in the Headway Personal Injury Solicitors List for the sixth consecutive year.  We can offer specialist advice on compensation claims (following accidents or negligent medical treatment); deputyship applications; as well as a range of other areas of law that people with brain injuries and their families may need to deal with.

Tees triumph, but CAB is the real winner

A team of bright sparks from Tees won the inaugural Uttlesford Citizens Advice Bureau Quiz Night held recently at the Council Offices in Saffron Walden.  The team comprising Rob Whitaker, Letty Glaister, Joanne Redford, Eleanor Burroughs, Bob and Jill Elms and two clients, overcame strong competition from other firms of solicitors, Estate Agents, The Saffron Building Society, the Uttlesford CAB Trustees and other local businesses to win the first prize of £500, donated by a local firm of Estate agents. The prize money was immediately donated to the CAB to support their vital work in the locality.

Fuelled by delicious wine and tapas provided by CAB staff and volunteers, competition was fierce, question rounds including: ‘Make the Punishment Fit the Crime’, ‘Quality and Diversity’, ‘Law & Order’ and a fun CAB music round, that included many relevant songs, some emanating from the last recession, from Simply Red’s ‘Money’s too tight to mention’ to Phil Collins hit about homelessness ‘Another Day in Paradise’ !

The evening was a great success and overall raised around £1700 for the CAB

The Retirement Maze

In the past most people looked at retirement as a point in time when they would stop working one day and then retire the day after. With changes in people’s lifestyle, financial needs and changes to pension legislation, this is now not always the case.

 Some people choose to phase in their retirement, i.e. start drawing pension benefits at an earlier age and continue to work part time to; a) supplement their pension income, and b) not have the shock of completely giving up work having spent 40 years or longer working.

Others may, where appropriate, look to free up their tax free cash for personal use, for example to clear debts, home improvements, inheritance tax planning, etc, and delay drawing an income whilst they continue to work full time.

There are typically two types of pension schemes.

The first, a Defined Benefit Scheme (otherwise known as a Final Salary Scheme) linked to salary and the number of years in the scheme, which then provides a predetermined guaranteed pension for life.

The second is a Defined Contribution Scheme, (otherwise known as a Money Purchase Scheme) where an individual builds up a pension fund, from which a tax free cash lump sum can be paid and the balance used to secure a retirement income.

Focusing on Defined Contributions Schemes, historically, the only option at retirement in drawing the benefits was to take a tax-free cash sum and then use the balance to purchase a Lifetime Annuity.

What is a Lifetime Annuity?

A Lifetime Annuity is a contract with an insurance company that pays you a guaranteed income for life no matter how long you live. In the past, most people would purchase the Lifetime Annuity with the existing pension plan provider, but this was often not the most competitive offering.

Over the past decade pressure has been applied from many directions for insurance companies to make the planholder aware that they can shop around to find the most competitive Lifetime Annuity terms, but to date, many companies have dragged their heels over this.

There is growing pressure and discussions currently taking place in parliament where the “shopping around”, or more technically the Open Market Option (OMO), could become the default option, when you look to draw pension benefits.

The table below compares the best and worse Lifetime Annuity terms currently available on the open market, showing both a Lifetime Annuity and also an Impaired Life/Enhanced Annuity.

Under an Impaired Life/Enhanced Annuity the insurance company would pay a higher-than-normal pension for individuals with a health problem that threatens to reduce their life expectancy. For example, cancer, chronic asthma, diabetes, heart attack, high blood pressure/cholesterol, kidney failure, multiple sclerosis or stroke, as well as individuals who are overweight, or smoke regularly. Some companies also offer higher rates to people who have worked in certain occupations or who live in certain areas of the country.

Source: Avelo Exchange Portal October 2011

The figures provided in these tables are for illustrative purposes only.

As can be seen, the terms vary dramatically between the best and worst provider and between conventional and impaired life/enhanced annuities. As Independent Financial Advises (IFA’s), we can help clients decide on the most appropriate Lifetime Annuity and can also shop around to find the best terms. Whilst this contract is suitable for many people it is important to be aware of other options that provide more flexibility and choice.

Due to market conditions, legislation, and more importantly consumer need for choice, the retirement options market has evolved during the past 20 years and a wide range of solutions are now available in addition to the traditional Lifetime Annuity. When advising clients on the options open to them in drawing pension benefits, we also consider the choices listed below:

• Investment Linked Annuity

• Variable Annuity

• Fixed Term Annuity

• Income Drawdown (Capped/Flexible)

• Phased Retirement

Each of these solutions need to be taken into consideration when you explore how best to draw your pension benefits.

If you, a family member or a friend would like help through the Retirement Maze, please feel free to pass on our contact details. Tee Financial plc can conduct an appraisal of your financial position and retirement objectives and then recommend the most appropriate solution for your needs.

If you have any questions or wish to discuss retirement planning or any other personal financial planning matter further, for a free no-obligation meeting, please contact us on 01279 713390 or via email.

Cohabiting - The Common law Myth

With more people opting to live together instead of marry, it is no surprise that Family lawyers regularly advise on the situation where a couple have been living together for a long time, sometimes having children together, but are now separating.

There is a mistaken belief amongst some unmarried couples that they have achieved a ‘common law’ marriage status after a certain length of time of living together. With that false notion, people are mistaken in assuming that they have the same access to financial solutions at law as married couples if their relationship breaks down. In fact the notion of a common law husband or wife was ended by statute in 1753. Use of the phrase common law husband or wife did not really feature until the 1960s and was probably a politer way of saying cohabitee.

The myth may have persisted but that fact remains that the way in which married and unmarried couples are treated at law is very different and can be seen by a lot of people to be quite unjust.

The key differences between married and unmarried couples are established most recently in the Matrimonial Causes Act 1973 (a slightly more modern piece of legislation, but only just!) which gives married couples the opportunity to make claims against the other for capital (to include property, investments, pensions and belongings) and income (maintenance). Notions of need and fairness are used in this assessment.

A cohabitee does not have these claims and will have to creatively use property laws to deal with ownership of assets and can only rely on child maintenance where there are children involved. Cohabitees do not have a claim against their partners for direct financial support even where there is financial dependence between them. Ownership is the only concept here, even if unfairness can arise.

Where there are children of the relationship still in education, family lawyers will give advice on the potential for using the family home to the exclusion of the other cohabitee (irrespective of whether the property is owned by the other party or jointly) and advise on Children Act claims.

If you find yourself in this situation it is essential that you seek expert legal advice on your options as it is not necessarily a straight forward situation. Property laws are complex and inevitably turn on specific facts and can prove to be unfair.

It seems England and Wales are lagging behind our immediate neighbours with Scotland having a specific regime for cohabitants and Ireland as of 1 January 2010 enacting rights for individuals in long-term cohabiting relationships. Therefore, if you have a Scottish or Irish connection you should also seek advice on the implication if the terms of your separation were to be resolved in the jurisdictions of Scotland or Ireland.

If you think any of the issues might apply to you please contact any of the solicitors in our Family Law team.

Please see the updated position here.

Tees makes Debut in Karting Challenge

A select team of drivers from Tees made an impressive debut at the annual Deloitte Food and Agricultural Karting Challenge in Caxton on Thursday 13th October 2011. This networking event for local firms has grown in popularity in recent years and Tees was keen to get involved in this years 2011 two-hour endurance race, alongside fourteen other teams.

Under the watchful eye of Team Principal Bob Elms, a team of five set a very competitive pace. Letty Glaister, James Dowson, Victoria Sterritt, Jo Redford and David Gabell were to be the heroes of the evening.

Partner James Dowson set an illustrious qualifying time, putting the kart firmly on the 3rd row of the grid in 8th place. The green light saw James vying for positions and making some commendable overtaking manoeuvres. After James came Trainee Jo Redford who strung together a series of consistent laps in front of a capacity crowd at the Caxton outdoor track, a few miles outside of Cambridge.

As darkness descended and the flood lights replaced the afternoon sun, the team were beginning to lose their grip on 8th place. It was time for solicitor Vicky Sterritt to step into the driving seat. After a slick pit stop Vicky’s aggressive driving style saw the team climb back to 8th. Unfortunately, it also saw her getting ‘black flagged’ and taking an early drive into the pits. Replacing Vicky was Partner Letty Glaister. Letty, a driver without fear, kept the hopes of the team alive with some blistering laps. As team mates cheered her on, enjoying freshly cooked burgers and hot-dogs, Team Tees was nestled in 13th place.

Replacing Letty in the kart was, trainee David Gabell with it all to do with half an hour of race time still remaining. David immediately began picking through the karts on the track and was going well until a nasty collision with another driver saw the race red flagged. David pitted with ten minutes of the race remaining.

With the race underway again, and the team now making a storming comeback in 8th place, it was Vicky Sterritt that would see the kart all the way to the chequered flag to finish in an impressive 8th position. A great result for a debut team.

We look forward to the Deloitte Food and Agricultural Karting Challenge 2012!

Claims to Parent’s Estate by Independent Adult children

In England and Wales individuals can dispose of their assets as they see fit and are not forced by law to leave a percentage of their estate to dependents – Is this still correct?

It has been the case since 1970s that certain categories of people, including adult children, who have not benefited from a deceased’s estate or consider that inadequate provision has been made they can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the “IPFDA” 1975). The claimant must first prove to the court that the deceased has not made reasonable provision for them under their Will or Intestacy (in the absence of a valid will). The Court in hearing such claims must then consider various factors including financial needs and resources of the claimant, the size of the estate, conduct of the claimant and the needs of any beneficiaries. However, until recently, the general public may have been under the common misconception that it was difficult if not impossible for an adult child who is not financially dependent on their parent(s) to succeed in making claim under the IPFDA 1975.

The earlier case of Re Coventry [1979] 2 All ER 408 which remains good law appeared to limit the ability of adult children to make such claims by implying the need for an adult child to show a ‘moral obligation’ or ‘other special circumstances’ to be maintained by the deceased. There were a limited number of claims by adult children until the mid 1990s and few were successful in the absence of incapacity but Re Hancock [1998] 2 FLR 346 and Espinosa v Bourke [1999] 1 FLR 747 among others made it clear that the courts took the view that the IPFDA 1975 did not require an adult child to show a moral obligation and subsequent cases have highlighted the view that all the factors to be considered under the IPFDA 1975 have equal weight and that no one factor could be used to undermine all the others.

This year the highly publicised case of Ilott v Mitson [2011] EWCA Civ 346 saw an independent adult claimant winning her case for financial provision from her mother’s estate despite her mother’s clear intention to leave her entire estate to charity. The decision does not present a significant development but has clarified the law in relation to claims brought by adult children placing them firmly in the same position as any other claimant.

This does not mean all claims by adult estranged children will be successful but it may give them more confidence in making such claims and means that any potential claim must be given serious consideration when deciding how to distribute your estate. Whilst you cannot exclude the provisions of the IPFDA 1975 recent cases highlight the importance of making a will or making sure your will is up to date after taking the appropriate advice. By talking to your professional legal advisor, explaining your situation to them, they can help you evaluate any potential claims and advise on possible steps that can be taken to reduce the risk of a successful claim.

If you have any questions regarding the above article please contact any member of our Wills, Trusts and Probate team.

DIY Wills - A risky Business

Tees Expand into Chelmsford with WRK Merger

As part of a dynamic expansion programme designed to meet the challenges facing the legal sector, Tees Solicitors have welcomed law firm Wortley Redmayne Kershaw (WRK) of Chelmsford into their practice, bringing the total number of offices within the group to six.

The merger, which takes place officially on October 1st follows the recent opening of Tees new corporate headquarters in Cambridge, and the firm’s incorporation as a public company.

“We are excited to be joining Tees” says Graeme Atkinson, Senior Partner of WRK.“There are major changes ahead for our profession, and some of the smaller high street practices are going to struggle to survive, so the merger has come at an opportune moment.

“Like us, Tees believe strongly in the provision of quality legal services from the high street, and that this is truly how individuals and small businesses prefer to access legal advice.Tees have expertise in all aspects of our work, but we now have greater strength in depth and can provide specialist advice in areas we did not previously cover”.

Paul Stothard, CEO of Tees, adds “We are delighted that WRK are joining us as we roll out our strategy for growth and innovation.Chelmsford offers an exciting development for the firm, and we have ambitious plans to develop the business from the excellent foundations provided by Graeme and his team.

“We believe that the expertise provided by the WRK team will enhance our service offering to existing clients whilst at the same time broadening our geographic reach.I very much look forward to seeing Tees become an integral part of the Chelmsford business community as we grow our service offering in this key location”.

Joint Debts on Separation and Divorce

Tees Drive Expansion With New Trainee Recruitment

The continuing growth of Tees has always been supported by a regular annual intake of new trainees following completion of their post graduate qualifications, and we are delighted to announce the four new trainees being taken on this month.

There is certainly a cosmopolitan flavour amongst the new intake, which includes Oliverio Budino, who graduated in International Business and Spanish at the University of Bath and completed his professional law qualifications at the College of Law in Bloomsbury. He lived and worked in Spain during his gap year, and spent this summer travelling in Italy and America.

Also recently returned from a tour of the States is Joanne Redford, a History graduate from the University of Manchester who remained in the city to complete her legal exams at The College of Law. Her interests include 'visiting new places, meeting new people and experiencing new things'.

She will obviously get on well with Hayley Ford, a fellow History graduate of Cambridge University who chose BPP Law School in London for her legal qualifications. She also enjoys 'holidaying and having fun with friends' especially of the sporting variety: She is a keen sportswoman and a member of the Thaxted Ladies Netball team.

Another with a strong local connection is Katherine Balcombe, who was born and bred in Sawbridgeworth, and is a Law graduate of the University of Sheffield and completed the LPC at The College of Law in Bloomsbury. Like Hayley, she is in to personal fitness - she enjoys working out in the gym - as well as 'cooking, shopping (lots) and attending gigs and the theatre'.

We are equally glad to report that a high proportion of qualifying trainees have traditionally chosen to continue their careers within the firm, and this year is no exception, with three new qualifying trainees taking up permanent positions on the staff.

They are Clare Threlfall, who joins the Wills, Tax, Trusts and Probate team at the firm's Cambridge office; Gearoidin McKenna, who joins the Commercial Litigation team, specialising in contract and commercial work; and Kathryn Evans, who joins the Family department, specialising in divorce and child contact and residence disputes.

"We are delighted to retain the services of these talented individuals" says Paul Stothard, Chief Executive of Tees. "Its also a compliment to us, and an indication of the excellent career opportunities open to them within the firm that they have chosen to make their future with us".

They rowed, they're sore, they conquered!

In spite of a last minute injury to one of their team, the novice rowers from Tees Solicitors successfully completed their marathon sponsored row in aid of Headway Cambridgeshire on Saturday 3rd September.

With David Miller sidelined, Janine Collier, David Gabell, Cathy Izzard, Orla Lawlor, Ben Millard, Ruth Muckian and Paul Taylor were joined by Alice Taylor. 

The employees, who (still) have little or no previous rowing experience, navigated the 21km stretch of river and two locks in a sweep oar eight to raise funds for Headway Cambridgeshire for the benefit of people with brain injury, their families and carers.

Janine Collier, Associate at Tees said “We're really pleased that the row went so well and that we have managed to raise money for such a good cause. I'm sure there will be some stiff joints and muscles tomorrow but this has been a fun and worthwhile way to contribute in some way to the work of such a vital charity." 

The sponsored row was the culmination of a series of events organised by Tees Solicitors in aid of Headway Cambridgeshire over the last 6 months as part of Headway's corporate 'baton' scheme.

Headway Cambridgeshire  is a charity that gives help and support to people affected by brain injury.  It does this locally, offering a wide range of services including rehabilitation programmes, carer support, social re-integration, community outreach and respite care throughout Cambridgeshire.  

If you would like to donate directly to the appeal, you can do so via the Tees Team Justgiving page. 

Legal Special on Star Radio with Tees Solicitors

On Sunday 11th September David Redfern, Anne Coles and James Dowson of Tees Solicitors contributed to an hour long legal special aired on Cambridge and Ely's Star Radio.

The one hour long show was hosted between 9am and 10am by The Business Hub and covered the strategic issues currently facing law firms, employment issues surrounding the use of social media in the workplace, legal considerations when managing difficult employees, and hidden pitfalls when taking on a lease on business premises.

For more details, and to listen to the show or download the podcast click here

Tees supports Insurance referral fees ban

Row, row, row, your boat

Eight employees from local law firm, Tees Solicitors are preparing for a marathon sponsored row in aid of Headway Cambridgeshire.

Janine Collier, David Gabell, Cathy Izzard, Orla Lawlor, Ben Millard, David Miller, Ruth Muckian and Paul Taylor are taking part in a sponsored row from Cambridge to Ely on 3^rd September 2011. 

The employees, who have little or no previous rowing experience, will attempt to navigate the 21km stretch of river and two locks in a sweep oar eight to raise funds for Headway Cambridgeshire for the benefit of people with brain injury, their families and carers.

The crew aim to set off at 09:30 from the Cambridge 99s Rowing Club, Kimberley Road and hope to arrive in Ely early/mid-afternoon.

Janine Collier, Associate at Tees said “As specialist brain injury lawyers we see the devastating effect that brain injuries can have on individuals and their families.  The sponsored row seemed an excellent way to have some fun, whilst supporting a good cause at the same time.  We are all really looking forward to it.  We know it will be hard work, and we expect to end up blistered, bruised and wet, but we hope to raise a lot of money for a very good cause”. 

Headway Cambridgeshire  is a charity that gives help and support to people affected by brain injury.  It does this locally, offering a wide range of services including rehabilitation programmes, carer support, social re-integration, community outreach and respite care throughout Cambridgeshire.  

If you would like to donate directly to the appeal, you can do so via the Tees Team Justgiving page. 

Tees Heads to the Clouds

Tees Solicitors has announced that it has agreed an outsourcing deal with the UK’s leading managed services provider for the legal sector. e-know.net will deliver its class-leading Managed Desktop solution to 205 staff across five offices. It’s a significant move that will underpin an expansion drive aimed at offering more to clients from more locations while maintaining the highest quality and service levels.

 “Technology is a great enabler for a law firm and we’re looking to harness it effectively. Traditionally, IT has soaked up capital and become obsolete all too soon, often hampering a firm’s ability to improve efficiencies, service standards and competitiveness,” says Ian Fretwell, Tees’ IT Director.

By moving to a managed service, or the Cloud as it’s often referred to, we can now tap into modern systems, 24/7 support and strategic advice that would normally be beyond our means. That, in turn, leaves us free to focus on how we leverage technology for operational gains and customer advantage, and how we add real value to the client experience.

We’ve already seen an impressive increase in the speed and flexibility of our communications, with staff from the Chief Executive down being able to move to a more mobile environment. Thanks to the ‘anywhere, anytime access’ afforded by the Cloud, they are also finding themselves more responsive and productive.

It’s important too that we now have a much more resilient infrastructure. Clients quite rightly demand ‘business as usual’ at all times and we’re now enjoying the continuity, backup and recovery safeguards inherent in a move to the Cloud – the e-know.net data centre is one of the most sophisticated in the country and gives us the requisite levels of data security and business protection.”

Tees appoint new Director to support their post-LSA Strategy

Whilst many law firms await the implementation of the Legal Services Act this October with trepidation, Tees Solicitors have taken a proactive approach to the forthcoming changes by appointing Stephen Mayson as a Non-Executive Director on the Board of Trust Tees Plc with effect from 1 June this year.

Stephen is an adviser to law firms and others internationally on strategy and law firm economics, as well as Director of the Legal Services Institute and professor of strategy at the College of Law. He is uniquely qualified to advise on the challenges and opportunities the LSA will present to the legal profession.

“I don't think that law firms should fear competition from big high street names” says Stephen, “but they will need to structure and behave differently. I am looking forward to working with Tees on their strategy to tackle the post-LSA legal landscape and the opportunities it presents”.

“No-one is better placed than Stephen to help us with our plans for the future” says Paul Stothard, Chief Executive of Tees, who brought him on board. “Like him, we are firm believers in the fact that the public is best served – legally and financially – by a strong, independent advisor. With his help we aim to bring such services to our clients on an even greater scale than we do at present”.

Cereals Show a Huge Success

Once again Tees Solicitors was delighted to support the Cereals Show 2011 held at the beginning of June in Lincolnshire. This is one of the major Rural events of the year and yet again it was regarded by exhibitors and visitors alike as a great success with an increased attendance on last year.

As one of the major Regional firms of solicitors with a large and active client base fully involved in all aspects of Rural work it was a wonderful opportunity for Tees to entertain clients, friends and fellow professionals on our stand. We were glad to meet so many people over the course of the two day event and to take advantage of the opportunity to discuss all aspects of the farming industry. We were particularly pleased to hear from our clients on how we might best support them in what is a very difficult and ever changing environment.

The competition to ‘Guess the Number of Grains in the Jar’ created interest. We saw some very complicated calculations, scientific methods and wild guesswork – which in turn produced some very varied results.

We can confirm that the actual number was 9772 grains. The winner was Hamish Stewart, Farm Manager of Thrift Farm, Royston owned by Robert Law. We look forward to presenting his case of wine to him personally.

Public servants to strike over pensions

On Thursday public servants will strike over the emotive subject of their pensions.

Employers who understand how the law relating to strikes work are likely to fare better than those who don’t.

The employer is not obliged to pay striking employees but they cannot be dismissed or disciplined. The law protects workers participating in an official strike from retaliatory treatment by an employer, normally for a period of 12 weeks

Some employees may avoid confrontation and take a duvet day. Where this happens the employer may deduct pay unless there is some other genuine reason for the absence such as sickness. As a precautionary measure the employer should ask occupational health to investigate. Genuinely sick employees are entitled to sick pay.

Employees who are not on strike but who just stay away because they do not want to break a picket line can be treated as if they are on strike so pay can be deducted.

Non striking employees who turn up for work are entitled to be paid even if the employer is unable to operate.

So what are employers to do? Bringing in agency workers is not the answer. It is a criminal offence carrying a penalty of up to £5000. Employees from other parts of the business, the employer’s own directly employed temporary workers or volunteers however may be used.

Finally what action can employers take to deal with angry picket lines? Peaceful picketing is lawful, violent or threatening picketing is not. In a recent case Arwyn Thomas was dismissed by London Transport for calling a worker a scab for crossing the picket line. An employment tribunal held this was an unfair dismissal.   So unless actual bodily harm is threatened, there is little an employer can do.

An employer may owe those who cross the picket line a duty of care to ensure they are not exposed to unnecessary risks. Common sense precautions to protect those who wish to go in to work by involving the police and arranging safe ways to get workers into the workplace should be considered.

“Employer’s who work within the law and do some sensible planning now will probably get through Thursday without too many tears, those who ignore the law and try to break the strike may be in for a rough ride”

Tees raise over £4,200 for St. Clare Hospice

Tees Solicitors have over £4,200 by taking part in the St. Clare Hospice "Make a Will Week", in May 2011. 

Our Wills, Trusts and Probate teams from the Bishop's Stortford and Saffron Walden office gaves their time free of charge to prepare willls in return for client donations to the Hospice. The scheme was very well supported by the local community, who were generous in their donations. 

The week helped to raise awareness for the invaluable work of St. Clare Hospice as well as the importance of making a will.  Often overlooked, the need to make or update a will, to ensure it takes into account your personal and financial circumstances, cannot be underestimated.  By making a will you can ensure that your estate is distributed as you would wish and in the most tax efficient way.  It is a common misconception that if you are married then your assets will automatically be inherited by your spouse; but depending on the value of your estate, and if you have children, this will not necessarily be the case.

We are delighted to have been part of this worthwhile initiative and to have raised money that will help to provide the free specialist palliative care in and around the East Essex area, which the St. Clare Hospice provides.