Thursday, October 13, 2022

Some Important Facts about Family Lawyers in the UK

Matrimonial, financial, and child law practice areas make up the bulk of family law activity. While some lawyers could opt to focus on a specific practice area, others might prefer to maintain a diverse clientele. A family lawyer can represent clients in cases including divorce and separation, monetary demands and settlements, prenuptial agreements, allegations of domestic violence, and child custody disputes. To be a successful family lawyer, one must possess a lot of soft skills in addition to studying for the requisite academic degrees, obtaining the necessary work experience, and more. If you are having a child custody issue then you should get yourself a child custody solicitor and you can do that by just browsing child custody solicitor near me.

Describe Family Law

Matrimonial, financial, and child law are the 3 main subfields of family law. While some lawyers opt to focus only on family or children's law, many continue to serve a variety of clients. It may also involve guardianship, child abuse, and negligence, as well as domestic violence. Retirement, pension, as well as other perks laws are possible additional topics.

What Is The Role Of A Family Lawyer?

Family lawyers handle issues like divorce and separation, child custody and adoption, care directives from the local government, and monetary settlements. When representing a customer who is pursuing a divorce, lawyers take initial information, collect proof, particularly financial proof, prepare the required paperwork, negotiate settlements and child contact or residency, submit the case to mediation, and represent the customer in proceedings. Teaching Counsel and accompanying Counsel to court might also be part of the job. Child law attorneys could also work on behalf of parents, children, or relevant councils when representing parties in care procedures.

They may also offer advice on prenuptial agreements, which safeguard a person's financial interests before the wedding, as well as on the legal reasons for divorce or dissolution of a civil partnership. Certain family lawyers may focus on adoption, paternity, reproductive and sexual rights, emancipation, as well as other non-divorce-related issues. They are also in charge of managing family assets, keeping an eye on mediation sessions, and providing legal counsel. Most attorneys are knowledgeable in a few practice areas, such as immigration and asylum law, mediation and collaborative law, as well as housing law.

Some Important Facts about Family Law

Termination of Parental Rights and Adoption

The legal links between an adopted person and his or her family could be severed through the family law proceeding known as Termination of Adoptions and Parental Obligations. Another name for it is "relinquishment." Both adoptive parents and individuals of adopted families have the right to request the cancellation of adoptions and parental responsibility. It usually results from a dispute within the adoptive family regarding the adult adoptee's interaction with his or her birth family, but it can also happen when there are worries about how the adoptive family has brought up their child over the years (for example, through physical violence), that might render it challenging for them to subsequently forge meaningful relationships.

Domestic Violence and Protective Orders

Restraining orders, often known as family law protective orders, are designed to safeguard family members from danger. Your attorney can file an emergency family law protection order on your behalf against the individual that has been threatening you and/or injuring you if you are at an urgent risk of physical harm from another individual.

Child Care

Child custody disputes in family court typically centre on who will get physical control of the children. In the majority of states, parents could decide how their children would spend some time with each parent on their own, or a court might make that decision for them. In some cases, though, it may not go as planned, and one parent may decide to file a case in family court.

Paternity

To prove the actual parent-child connection for the sake of possession or maintenance, a family law paternity case seems to be a legal proceeding. Whenever a child is born out of wedlock or if the parents weren't married when the baby was born, paternity proceedings are required under family law. Paternity can be either implied or biological under family law. In cases where your identity is not on the birth certificate, for instance, you would be presumed to be the father until proof to the contrary could be presented.

Final Words

Before you do anything that may not be in agreement with these regulations, you must comprehend family laws so that you are aware of your responsibilities. Disputes and family disputes can arise down the road if individuals do not completely recognize their responsibilities when dealing with divorce or separation procedures. Before engaging in any talks or legal actions that could have a substantial impact on their family life, family members need to possess a clear understanding of what family law comprises and how they could profit from it.

Monday, October 3, 2022

How Solicitors Can Help to Resolve the Employment Issues

It's a sad fact that many employers don't treat their employees fairly. This can range from bullying and discrimination to unfair dismissal and wrongful dismissal. If you're an employee who feels like they are being mistreated by their employer, it can be tempting to accept things as they are out of fear of losing your job or having your contract terminated. However, there is a no win no fee solicitors accident at work present all the time for those who feel that they've been treated unfairly at work; an employment solicitor is a person you need if you want to make sure that your rights aren't being violated at work.

Wages


Wages are the amount of money a worker receives for their work. Various types of wages must be calculated when calculating a worker's pay:

  • Basic Pay
  • Overtime Pay
  • Holiday Pay

These rates apply to most workers over the age of 25. If you are still determining how much your employee should be paid, visit GOV.UK for further information about calculating pay for employees in different situations (i.e., apprenticeships).


Working hours


This includes any suspension of work and any holiday or sick leave. The maximum working week is 48 hours, but there are some exceptions to this rule (such as in the case of shift workers). Staff generally need to take a 20-minute break after 4 and a half hours of continuous work. They must also get an uninterrupted 30-minute break if they work more than 6 hours per day, with an additional 15 minutes if they continue working beyond 8 hours per day.

Workers are entitled to one week's paid annual leave every year after they've worked continuously for 13 weeks; two weeks paid annual leave can be taken at once or split into two separate periods over the year—for example, 7 days now and 7 days later on—but employers can't force workers to take it all at once unless their contracts say so; otherwise it must be taken in one block during summer or winter holidays (June 1st – Aug 31st or Dec 22nd – Jan 5th).


Holidays


  • When do you accrue holiday?
  • How much holiday pay is a worker entitled to?
  • How should you calculate the difference between contractual and statutory holiday pay?

Disability


The Equality Act 2010 protects you from disability discrimination at work. The law says that it is unlawful for your employer to treat you less favourably than other employees because of a physical or mental impairment that has lasted, or is likely to last, at least 12 months.

What are the differences between a physical and mental impairment?

A physical impairment can be seen by someone else, such as a person with a visual impairment who uses glasses or contact lenses, or someone who has lost their sight completely. A mental impairment might be harder for others to see – it could include conditions like depression and anxiety or schizophrenia. If you have any kind of illness which affects your ability to do your job then this will also count as an impairment under the Equality Act 2010.


Harassment


Harassment is defined by the law as "any unwanted conduct which violates the dignity of an employee and creates a hostile or degrading working environment". Harassment can take many different forms, ranging from physical touching to comments about someone's appearance or race.


Unfair dismissal


A dismissal is unfair if the employer fails to follow the correct procedure when dismissing an employee.

The employer should:

  • give the employee notice of dismissal and tell them why they are being dismissed, or pay compensation in lieu of this;
  • keep records of all meetings with employees about their conduct or performance.

Discrimination


The law prohibits discrimination on the grounds of age, race, gender, sexual orientation, and disability. This means that you cannot be treated less favorably because of your age or sex.

You may have a claim if you can show that:

  • You have been treated less favorably than someone else because of your age or sex (direct discrimination)
  • The way in which rules are applied to all employees does not appear to be fair and reasonable (indirect discrimination)

For example: if an older worker is rejected for a particular role because of their age and younger workers were considered for this job before the old employee, this could amount to direct discrimination under the Equality Act 2010.


Conclusion


We hope that these tips have helped you to understand how solicitors can help with employment issues, and why it's a good idea to seek legal advice when in need of assistance. We'd also like to thank you for taking the time out of your day to read our post!