Skilled Worker Visa Update: Running Own Business Now Allowed

The Skilled Worker visa is often considered a “golden ticket” for individuals seeking to live and work in the UK under sponsorship from an employer. After five years, visa holders can even apply for settlement. However, this visa also comes with certain conditions and restrictions. One of the limitations is on undertaking additional work.

Previously, under the Skilled Worker visa route, individuals could take on work outside their sponsored employment, but only to a limited extent – for a maximum of 20 hours per week. They would also have to meet the following conditions:

The additional work must be in the same occupation code and at the same level as the job stated on their Certificate of Sponsorship; or
It must fall under the Shortage Occupation List.

Therefore, it was often challenging for most skilled worker visa holders to meet these conditions if they wished to start a side business.

Now, we are pleased to see new changes. The Home Office has removed the restriction on the type of additional job. According to the latest guidance for the Skilled Worker visa, despite the 20-hour limit, visa holders are no longer required to meet the same job category nor the shortage job category rules. They can now work in other jobs or even start their own businesses, as long as the job matches a qualifying occupation code listed on the Home Office website.

These changes provide skilled worker visa holders with greater flexibility in their employment options, and we welcome them.

Should you wish to learn more about the skilled worker visa or apply for one, please do not hesitate to contact Lisa’s Law. Our experienced solicitors will be happy to assist you.

Have questions? Get in touch today!

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Uber hit with £250m lawsuit from London cabbies – could Uber be forced out of the capital?

Since Uber was born in 2010, it has blown away the competition of many local taxi companies in major cities around the world. Uber currently operates in 10,500 cities in about 70 countries around the world, with an annual turnover of US $37 billion. It is therefore the world’s largest taxi company. Uber has more than 150 million monthly active users with 28 million people using it to travel every day.

Uber’s high profile makes it a big target for public criticism. After all, the company’s emergence has taken away jobs from the traditional taxi industry.

Not only that, but Uber also defines its drivers as gig workers or independent contractors, a practice that has drawn widespread criticism and legal challenges around the world.

On May 2nd, more than 10,000 London taxi drivers launched a multi million pound lawsuit against Uber. The claimants allege that Uber deliberately misled Transport for London (TFL) about how its app works in order to obtain a license. The basis for this is Uber’s operations between May 2012 and March 2018.

The claim is worth as much as 250 million pounds, leading to drivers potentially receiving as much as £25,000 each.

So why did London taxi drivers launch a lawsuit against Uber? And will the Uber lawsuit lead to them exiting London?

Uber’s years-long battle with London’s taxi industry, regulators and its drivers

In London, red double-decker buses and black taxis are one of the iconic symbols of this international city.

After Uber entered the London market, the London taxi industry became severely squeezed, with Uber’s highly competitive prices and greater convenience putting them at an advantage.

As a result, a dispute between the London taxi industry and Uber arose. Together with former Uber drivers and politicians, some are pressuring regulators to force Uber to withdraw from the London market.

Are Uber drivers self-employed?

Since it began operating, in Uber’s eyes, its drivers were previously self-employed. This means that they are responsible for their own insurance and taxes, and do not enjoy certain employment rights, such as the national minimum wage and holiday pay. But in the eyes of Uber drivers, they hope to be defined as employees so that they can obtain certain labour rights.

In March 2021, the UK Supreme Court ruled that Uber drivers are workers and are not self-employed This was a major win for Uber drivers, who now have greater protections and workers’ rights as a result.

Uber faces another £250 million legal challenge as license expires

In March 2022, Uber’s operating license in London was due to expire again (March 27, 2022), meaning another confrontation with the London Transport Authority. This time, Transport for London believed that Uber met its standards and issued a 30-month (2.5-year) operating license. Uber will therefore face a review of its operating licenses once again in September 2024.

Currently, there are still four months until Uber’s operating license in London expires. Uber is therefore once again under challenge by London taxi drivers with this most recent case.

RGL Management, the claimant representing London taxi drivers, said that Uber breached private taxi licensing rules by allowing its drivers to take bookings directly from customers rather than through a central system such as a minicab service, which is a booking system. They also said that Uber deliberately misled Transport for London in order to obtain an operating license in 2012.

During this period, London taxi drivers suffered losses of more than £250 million as the number of customers fell and they had to extend their working hours to compete with Uber. As a result of this, individual drivers may be eligible for compensation of up to £25,000.

If the London taxi drivers win, Uber will not only have to pay this high claim, but it may also be unable to successfully obtain a new operating license in September, forcing it to leave London.

So, is it possible that Uber will lose the lawsuit?

Judging from the information released so far, it is unclear whether Uber will win this lawsuit or not.

Uber argue that the claims of London taxi drivers are completely unfounded, that they are currently operating legally in London and have obtained full permission from TFL.

This kind of case retroactively requires the claimant to produce clear evidence to prove that Uber had “deliberate concealment” when applying for a license at the time, but it is relatively difficult to prove.

In addition, as for the compensation of 250 million pounds, the claimant also needs to provide actual data to prove the impact of the emergence of Uber on taxi drivers. Generally, this requires independent data and reporting from a third party.

From the above two aspects, the success of the case is still quite difficult for RGL Management, the litigation claims agency representing London taxi drivers.

If the case is not dismissed out of hand, it will be interesting to see how Uber allegedly misled TfL about the workings of its operating systems. However, it is not uncommon in such cases for lawsuits to be settled before public disclosure. A settlement is often reached to avoid lengthy legal proceedings and potential reputational damage. We’ll wait and see how this particular case develops and whether the legal process will expose Uber’s operations.

Since this case has just been litigated, we will follow up and share more information about it with you in the future. If you encounter any unfair competition or other problems in business operations, please feel free to consult the Lisa’s Law Litigation Department.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

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James Cook

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Trainee lawyer qualifies as Solicitor!

We are delighted to announce that Trainee Solicitor, Lily Dai, has successfully completed her training contract and been admitted as a Solicitor in England and Wales.

Lily has demonstrated considerable hard work and dedication during her training, while ensuring that her excellent client care has not wavered. This is a significant milestone in the career of any lawyer, and we congratulate Lily on this fantastic achievement. We wish her continued success as a Solicitor at Lisa’s Law and are excited to watch her continued development.

Lily added:

This is just the beginning, I’m so fully aware that there is still so much more to learn and I will never stop learning. I am also ready to contribute my knowledge and skills to the team’s continued success.

More information about Lily

Lily’s academic achievements, including her completion of the GDL and LPC with Distinction awards, attest to her commitment and aptitude for the legal profession. Her proactive involvement in pro-bono work within the Chinese community in the UK since 2020 underscores her altruism and dedication to serving others.

Since joining Lisa’s Law Solicitors in May 2022, Lily has demonstrated exceptional skills and a strong work ethic, contributing significantly to the legal team. Her experience spans various legal areas, including immigration, conveyancing, and corporate law.

Beyond her professional pursuits in law, Lily is an certified advanced scuba diver with over 100 dives across various seas worldwide.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

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James Cook

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What are the immediate steps to take when someone dies?

Losing a family member is a very challenging time for anyone. Not only is there the grief involved, but for close family members of the deceased, there are a number of matters to deal with in the immediate aftermath. In this article, we will take you through the various steps of what must be done when someone dies.

Registering the death

Upon the date of death or finding of the body, the death must be registered within five days. This is usually undertaken by a member of the deceased’s immediate family. This is a very important step as the burial or cremation will not be allowed to go ahead unless the death has been registered.

To do this, you must go to a register office. You can find one by using the following link on the government website: https://www.gov.uk/register-offices

It is best to go to a register office in the area where the person died because there will be a delay to the documents you need if you do not. You will usually need to schedule an appointment at the register office in advance.

The medical certificate certifying the death will be need to be provided to the registrar before a certificate for the burial or cremation of the body. It is also necessary for a certificate for social security benefits to be issued.

The registrar will also explain the Tell Us Once service to you. This reports the death to the majority of government departments when someone dies.

You will also need to contact other organisations such as pension providers, insurance companies, banks, employers, mortgage providers, utility companies etc.

Funeral arrangements

Following the registration of death, funeral arrangements must also be made. These are usually made by a member of the deceased’s immediate family. The person who died may have left instructions in their will with regards to their funeral.

Without clear wishes, the nearest relative or the executor of the will should usually be the one who decides if the body is to be cremated or buried. They will also decide the type of funeral.

Funeral arrangements are payable out of the deceased’s estate. However, this only applies in situations where:

They are reasonable in relation to the deceased’s status in life, or;
They are authorised under the Will

Identify assets and liabilities

As the person responsible for the estate, the personal representatives of the deceased should also identity the assets and liabilities. They must then send preliminary letters to all of those who are holding assets, claiming debts, or also those who have knowledge of the deceased’s affairs. These include:

Banks
Building societies
Investment managers and stockbrokers
National Savings & Investments Accounts
National Savings Certificates, Bonds and SAYE contracts
Life insurance policies
Annuities
Deceased’s employer or place of business
Private pension
State pension
Social security benefits
Beneficial interests in other trusts or estates
Insurance claims
HMRC
Lifetime transfers
Private health insurance
Unclaimed Assets Register
Liabilities

The letter which is sent should notify the above of the death, including a copy of the death certificate and also request further information.

Securing and protecting assets

Following this step, the Personal Representatives should locate and obtain the deceased’s title deeds or Land Certificates, locate and obtain the deceased’s documents supporting the existence of assets and liabilities. Examples of these include account books, life policies, share certificates, cheque books and credit cards, records of digital assets and crypto-assets, locate all loose cash.

The PRs should also make enquiries regarding whether the deceased owned any foreign assets, or whether a foreign will was made to deal with those assets.

Obtaining the Will

The will must also be obtained. If it cannot be found at the home of the deceased then there are a number of options.

It is advisable to contact any solicitors that the deceased may have dealt with, as well as any other friends and family.

If this proves to be unsuccessful, it is possible to conduct a search of the National Will Register to see if a Will was registered with them. This will cost £126.

When a person dies, their Will plays a vital role in determining who carries out their wishes and how their assets are to be distributed. A Will Search is a necessary step to establish if a Will or later Will exists for the person who has passed away before proceeding with probate. Personal Representatives (an executor or administrator) have the legal authority and responsibility to distribute the estate correctly. They will be held liable should a later Will come to light after the estate has been distributed.

Checking the Will’s validity

Finally, a fundamental step in the immediate aftermath of a close one’s death is to check the validity of the will. Failure to do so means that issues arise which may not allow the Will to be admitted to probate. There are a number of checks which should therefore be made. These include that it:

Has been executed in accordance with the appropriate formalities
Has not been revoked by operation of law or destruction
Has not been altered
Was made when the testator was over 18
Does not have staple or paperclip marks
Does not have any pages missing
Is the latest version of the Will

Furthermore, there are a few basic requirements for a valid Will. These include that the testator must:

Have the capacity to make a Will
Have the intention to make a Will
They must also comply with the prescribed formalities for a valid Will

Our thoughts

Dealing with the practical matters of a loved one’s estate can feel overwhelming amidst the grief of loss. It’s completely understandable that sorting through assets and liabilities might not be the first thing on your mind. However, understanding what steps to take immediately following their passing can provide a sense of direction during this tumultuous time.

In addition to the emotional burden, there are also legal obligations that come with managing an estate. One such obligation is the submission of the inheritance tax account by the Personal Representatives within a specific deadline. Failing to meet this deadline can result in penalties, adding further stress to an already challenging situation. In a follow-up article, we’ll delve deeper into these deadlines and the potential consequences of missing them.

If you find yourself needing support during this process, whether it’s guidance on probate matters or assistance with paperwork, please don’t hesitate to reach out to us. We are here to offer our support and expertise every step of the way.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

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James Cook

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Seasonal worker visa route extended to 2029

The government has announced that it will extend the Seasonal Worker visa route from 2025 to 2029. This is in response to the dramatic increase in the demand for migrant workers via this route.

The visa quota for horticulture rises from 2500 in 2019 to 45000 in 2024. Meanwhile, he number of visas available to the horticulture sector in 2025 will be set at 43000 with another 2000 visas for poultry.

The government expects the horticulture and poultry sectors to reduce demand for migrant worker visas over the next 5 years. It agrees to recommendations and calls on the sector and its employers to do more to attract and retain British workers.

It is also the government’s ambition to turbo-charge automation in the horticulture sector to help boost productivity and help it transition away from low-skilled migrant labour as soon as possible. They recognise that automation advancements cannot happen immediately. However, they are committed to incentivise and support the sector to automate, such as by bringing prototypes to human picking parity, to deliver the huge economic and technological benefits it offers.

The quota levels for Seasonal Worker visas from 2026 to 2029 will be published later this year.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

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Popular Italian restaurant goes viral after imposing checkout fee – is it legal?

A digital receipt from the Italian restaurant, Gloria, recently went viral due to the presence of an unfamiliar charge. When a diner at the Shoreditch restaurant went to pay using their app, they discovered that this restaurant not only charged them a 13.5% service charge, but also charged them an additional “checkout fee” of £2.99.

In the end, the total cost of their meal jumped from £193.50 to £222.64, a full £29.14 more – leaving them feeling very uncomfortable.

After the image of the bill was posted on social media a large amount of commenters voiced their consternation. Subsequently, many visitors to the Shoreditch restaurant also left negative reviews online.

So, what exactly is a “checkout fee” and, furthermore, does the restaurant have the right to charge such fees?

What is a checkout fee?

Gloria Restaurant is an Italian restaurant owned by The Big Mamma Group. It is very popular in London, and customers often need to book a month in advance to get a seat.

The co-founders of The Big Mamma Group also launched the mobile phone app, Sunday. Customers can log into the app by scanning the QR code and pay on the platform. They can use Sunday to calculate expenses, split the bill with friends, and pay in just 10 seconds, saving time for both dinners and waiting staff.

However, if a customer uses the mobile app to pay, a checkout fee will apply. These are very uncommon for restaurants, but are more commonly found when purchasing tickets for events such as concerts.

Alternatively, customers at Gloria can go out of their way to ask the waiter to pay by card using the card machine or with cash to avoid the “checkout fee.”

Various restaurants charge different “hidden fees”

In fact, this is not the first time that restaurants have been exposed to charging “hidden fees”. Many restaurants charge customers extra in various forms, sometimes adding up to 20%.

Some time ago, the Chinese Dim Sum restaurant, Ping Pong, was exposed as charging a 15% “brand management fee” to help maintain the brand experience. Ping Pong said the charge would enable it to increase wages to at least £12.44 an hour, allowing staff to have a stable income.

In addition, pubs owned by the Scotsman Group, which owns a number of bars and pubs across Scotland, charge customers an automatic fee of 2%.

In recent years, many restaurants began charging customers an automatic service charge, a now common industry practice. Most of these “discretionary service charges” add 12.5% to a customer’s bill after the meal.

However, service charges are now appearing on everything from beer to takeaway coffee, and the fees are higher than before. Some fear the UK is sleepwalking into US tipping culture, where tips average around 20%.

Can restaurants legally charge this type of fee?

The UK preciously implemented a blanket ban on all operators charging surcharges to any consumer using a credit or debit card or any other form of electronic payment. This applies to both in-store and online payments.

The law stresses that the new rules apply to any British company selling products to British consumers. These transactions include buying flight or concert tickets, or using cards to pay bills in small shops, restaurants, takeaways, etc. Investors are assured that there won’t be any unpleasant surprises and that consumers won’t be penalized for wanting to pay in a specific way.

However, a “Service Charge” in a restaurant is something that exists legally. Despite this, it should not be mandatory, and consumers have the right to refuse to pay this fee. If the customer feels that the service is not worth the price, they can propose a reduction in the fee and a new bill.

However, returning to the example of the Sunday app mentioned in this article, the checkout fee does not belong to the category of a payment surcharge, nor does it belong to the “service charges” category.

Best practise to advise customers of fees in advance

According to the law, Gloria cannot charge a surcharge because customers choose to pay by card. Therefore, what consumers need to figure out is whether this “checkout fee” is charged by the restaurant, or whether it is charged by a third-party company (the mobile app company the restaurant cooperates with). For example, many restaurants cooperate with takeaway companies such as Deliveroo and Just Eat. When you place an order on these platforms, the platform directly charges some service fees.

However, no matter what, restaurant consumption is in principle a contractual relationship, and the establishment of any contractual relationship should be based on both parties knowing what the terms are. Therefore, restaurants are obliged to inform customers in advance that if they use the mobile platform to pay, the platform will charge an additional fee, and it is ultimately the customer’s choice.

To take a step back, when running a business, brand image is very important. Restaurant owners should consider many factors before charging additional fees. Even if they are charged legally, if there is no communication with customers or the fees charged are not reasonable, it can easily give customers a bad impression. After the checkout fee for this Italian restaurant was exposed, many people made negative comments and shared the story on social media, leading to a detrimental impact on its reputation. This can be detrimental in the long run.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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James Cook

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New research finds that Graduate Visa provides a net contribution of £70m to UK economy per year

A recent report has been published by the Higher Education Policy Institute analysing the Graduate route visa scheme. The Graduate Visa has come under scrutiny in recent times from certain sections of the media and politicians for the number of immigrants and their dependents arriving via this immigration route.

The research, which was published jointly with the Kaplan International Pathways and the National Union of Students sought to reveal the net benefits to the UK economy of the Graduate visa. This was in response to a rapid review of the Graduate Route Visa being conducted by the Migration Advisory Committee, which is due to be completed by 14^th May 2024.

So, what benefits of the Graduate visa did they find?

Let’s take a look.

What is the Graduate visa?

A graduate visa gives you permission to stay in the UK for 2 years after you have studied an eligible course there. Those who have a PHD or other doctor qualification can stay for 3 years. You must also have successfully completed the course, which your education provider will inform the Home Office about. Find out more about the eligibility criteria here.

While the Graduate visa cannot be extended, it is possible to switch to a different visa, such as a Skilled Worker visa. However, due to the huge rise in the Skilled Worker visa salary threshold, this has suddenly become increasingly difficult for many graduates. You can learn more about the Skilled Worker Visa in our guide here.

Key findings from the report

The report, which was undertaken by the consultancy, London Economics, revealed a number of economic benefits to the UK economy. These include the following:

Number of Graduate Visa holders

The report found that there were an estimated 66,410 Graduate Route visa holders in the UK in the 2022/23 tax year. This was composed of a split between 56,460 international graduates being educated in UK higher education and 9,950 dependants overall.

Contrary to some reports within the UK, for every 10 Graduate Route visa holders, there were fewer than two dependants. This ratio will decline significantly in the future as a consequence of the increased restrictions on dependants of Graduate Visa holders.

In fact, following this change taking effect in January 2024, there has already been a decline of around 80 per cent in the number of dependants of new international students.

Contribution to UK economy

The presence of these Graduate Route visa holders in the UK is estimated to have contributed £588m during the 2022/2023 tax year, worth £10,410 per Graduate Visa holder. These figures don’t include the value that many would go on to contribute if they later transfer on to the Skilled Worker Visa route.

On the other hand, the total costs of public provision come to an estimated £517m (£9,160 per individual). As a net figure, this means that the net benefit to the UK economy of hosting Graduate Route visa holders works out at a total of £70m overall or (£1,240 per international graduate). This counters the view that the UK loses out financially by hosting Graduate Visa holders, even before the clampdown on Graduate Visa holder dependents.

The report adds that the financial benefits of the Graduate Visa to the UK are on course to increase. There are estimated to be over 350,000 Graduate Visa holders in the UK by April 2025, increasing the direct economic benefits by five times more than the first full year of the first year of the Graduate Visa. Due to the new rules on dependants, the costs are also set to fall significantly, adding an even greater net benefit to the UK economy.

At Lisa’s Law, we have a dedicated immigration department with experience in handling Graduate Visa Applications. Contact us today for advice or support.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

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James Cook

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Australia proposes “right to disconnect” law – what rights do employees have to switch off from work in the UK?

Many workers may have encountered a similar situation in the workplace. Even though it is time to leave work, their superiors or bosses continue to frequently contact them about work.

It is understandable that there are occasional cases where you need to work outside of your normal working hours due to emergencies or special reasons. However, if the boss has developed this “habit”, from time to time they will continue to interrupt the employee’s rest during the break time and let them take care of things, which is really annoying.

After all, this can lead to working hours and rest time being mixed together, blurring the lines between work and leisure.

This has been especially true in the wake of the pandemic, as more and more people have started working from home, making it even harder to separate work from the rest of your life.

But is it legal for an employer to consistently disturb an employee during non-working hours? And what should an employee do if this happens to them from time to time?

Australia takes the lead and fights for the “right to disconnect” for workers

Under Australia’s proposed new law, employees have the right to ignore messages, emails or phone calls from their superiors after hours. If employers continue to contact employees during off-hours hours, employers who violate the law may face criminal penalties.

In an Act of Parliament, the labour rights are described as the “right to disconnect”. To put it simply, it is the “right to disconnect” from work during off-duty hours.

Australia’s legislators believe this will protect the rights of employees and help restore greater work-life balance.

Specifically, if an employer contacts an employee during non-working hours, the employer who violates the rules may be fined and may even face criminal penalties.

Currently, a majority of Australian senators support the right to disconnect legislation. It is expected that the bill will be tabled in Parliament at a later date.

In Europe, similar laws have been enacted in France, Spain, Ireland and other countries in the European Union, giving employees the right to disconnect from the company after work hours.

Is there a similar law in the UK, and can an employee “disconnect” from their employer?

In the United Kingdom, the Working Hours Regulations 1998 set out workers’ rights in relation to working hours, rest periods and holidays.

These regulations ensure that the average working week cannot exceed 48 hours, however employees can opt out of this restriction on their own. In some high-intensity industries or jobs (e.g., investment banking), many people sign an employment contract with a statement that they are voluntarily withdrawing from the 48-hour work week limit imposed by law.

But generally speaking, most industries and jobs in the UK are between 35 and 40 hours per week, which is basically in line with the law.

That said, there is a distinction between “working hours” and “rest periods” in English law, which can infringe on an employer’s rest time if they expect their employees to handle work calls and affairs outside of their agreed working hours.

Generally, employees need to understand the details mentioned in the employment contract. For example, the employment contract should clearly stipulate working hours, and any work outside of the agreed hours needs to be agreed upon by both parties and, where possible, compensated.

In the absence of such an agreement, then employees are generally not legally obligated to answer work calls or handle work outside of working hours.

In the UK, many companies have a different policy: overtime compensation is available through a method called time off in lieu (TOIL). This includes any time spent processing work calls outside of normal business hours, adding up to vacation time.

At present, there is no right to disconnect in the UK that requires employers not to contact employees after work hours. Nevertheless, the UK’s Labour Party has proposed a similar law dubbed the “right to switch off” if it gets into government, which could happen this year.

What are some good ways to achieve a work-life balance outside of work

In the eyes of many, continuing to work outside of normal working hours can show love and commitment to the job and may lead to career advancement.

Of course, there are also those who believe that it is more important to achieve a work-life balance, and that work is only a part of life. Many argue that this is a more prevalent attitude among Gen-Z workers than it was in decades gone by.

Both employers and employees need to establish a clear understanding of what is really urgent and what need to be dealt with urgently so that when some urgent issues arise and need to be dealt with during non-working hours, there are no adverse effects.

In the UK, many employers are increasingly valuing and respecting of employees’ leave, with many recognising the importance of leave for mental health and the continued maintenance of productivity.

There are several ways in which it is possible to improve your work-life balance:

Set up an auto-reply in your work email to let them know your working hours and use other ways to contact them if you have an urgent problem.
Add similar information to your work chat such as Microsoft Teams, including marking your working hours in the status bar.
Employees and employers should also have an open discussion about the necessity of after-hours work to find a mutually satisfactory solution to avoid unnecessary misunderstandings and problems.

Our thoughts

In addition, Yitong Guo of Lisa’s Litigation Department reminds employers of the following:

Employers have a responsibility to focus on the health, safety, and overall well-being of their employees. This responsibility includes preventing excessive working hours, as long working hours and heavy workloads can lead to mental health issues such as stress, anxiety, and depression.

Employers must address these issues through reasonable accommodations such as reducing hours or workload, especially when mental health conditions are considered disability. Failure to do so would result in a claim for disability discrimination and constructive dismissal.

Employers can assist employees in adjusting to healthy working styles. This not only fulfils legal obligations, but also increases job satisfaction and productivity, and creates a positive work environment. In addition, prioritizing work-life balance can increase employee loyalty, retention, and team success.

Contact with employees during absences

Another reminder, especially for employers and businesses, employers and employees should agree on how to stay in touch during absences. Different types of absences may require different levels of communication.

For example, regular updates may not be required during leave, but employees on maternity leave may want to contact more frequently about work due to the length of time off.

Both parties must determine the frequency and method of communication, as well as the designated point of contact, such as a line manager or human resources manager. For employers and businesses, staying connected can provide an opportunity to monitor the health of their employees and provide support if necessary.

Regular contact is particularly important in situations of mental health-related absences, but should be done with the employee’s consent and should not be overwhelming for the employee.

During periods when employees are on leave for various reasons, including maternity leave, adoption leave, or other statutory holidays, employers must keep employees up to date on important matters that may affect their work, such as promotions, layoffs, or reorganizations.

Failure to do so may constitute discrimination against absent employees. Other types of advice can be found on the ACAS website or for professional legal advice.

That’s all for our discussion on the right to disconnect, click here for regular updates on our articles.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

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Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

James Cook

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Three new staff members join Lisa’s Law

We are delighted to welcome three new staff members to Lisa’s Law Solicitors. Frankie, Sam and John bring a variety of skills which make them a great asset to the firm and we are very pleased to have them with us.

Let’s introduce you to our new starters.

Frankie

With a background covering various areas including construction disputes, shareholders’ disputes, and cross-border commercial conflicts, Frankie has extensive experience in commercial litigation, arbitration and dispute resolution.

Qualified in both England and Wales as well as in Hong Kong, Frankie’s expertise extends across international borders.

Frankie holds a law degree and also a master’s degree on Chinese and Comparative Law. Furthermore, Frankie’s professional journey includes invaluable in-house experience with a major developer, providing insights into corporate dynamics and strategic legal approaches.

Beyond the courtroom and the office, Frankie finds enjoyment on the golf course and in travelling.

Frankie is fluent in English, Cantonese and Mandarin.

Sam

Sam graduated from King’s College London with a second upper class degree in Law and trained at Bloomsbury Law, specialising in immigration, commercial property and residential conveyancing.

He is currently 4 years qualified and largely deals with any general conveyancing matters including second hand properties sales, new-build purchases, mortgages and redemptions as well as some commercial lease renewals.

Sam was born in England but is of Chinese heritage (Hong Kong and China) so is fluent in English, Mandarin and Cantonese. Prior to his training contract, he also worked briefly as a commercial property sales agent, making him particularly commercially minded when it comes to understanding clients’ business needs.

Outside of work, he enjoys playing the guitar and singing to let off some steam. In the coming years he hopes to expand and establish his own conveyancing team.

John

John first studied at the East China University of Political Science and Law where he earned his dual bachelor’s degrees in Law and Cultural Industrial Management.

He then went to the University of Leeds to purse his Master of Laws in International Business Law. After that, he attended King’s College London to complete another Master of Laws in Intellectual Property and Information Law.

Prior to becoming a member of Lisa’s Law, John has experience working as a Paralegal in which he enhanced his legal skills and deepened his motivation to become a qualifying solicitor in the UK.

He is fluent in both English and Chinese Mandarin.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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How can you challenge an unfair service charge as a leaseholder?

The Mayor of London, Sadiq Khan, recently created headlines when he voiced his belief that the law should be changed so that leaseholders should reserve the right to refuse to pay service charges if they believe that they are too high. Many leaseholders have seen their service charges increase substantially in recent times, with the average service charge on a flat in England and Wales now standing at £2,247 per year, a staggering 31% higher than in the first quarter of 2019.

Khan stated, “While many landlords act responsibly, we need stronger rights for leaseholders to act against those who don’t, with new powers of redress and the ability to withhold service charges that simply aren’t justified.” Part of his proposals include the ability for leaseholders to withhold the payment of service charges for payments that have not been provided for in writing, such as in a statement of accounts.

While refusing to pay your service charge is a bad idea, as it could lead to eviction or repossession, leaseholders do have certain rights when it comes to their service charge. One of these rights is the ability to challenge a service charge. But, as a leaseholder, when is it possible to challenge an unfair service charge and how can you do it?

Keep reading to find out.

What is a service charge?

If someone owns a flat then they will share their building with other people. Leaseholders own the flat itself, but they do not own the land it sits on. As a result, the landlord, or freeholder will charge the leaseholder a service charge in return for providing services to a building.

This can cover a wide variety of services such as general maintenance and repairs, buildings insurance, central heating, lifts, lighting, cleaning etc. The payment period for a service charge is generally one year, but payments may have to be made on a more frequent basis.

So, how can you challenge a service charge you believe is unfair? Keep reading to find out.

When can you challenge a service charge?

While there is no limit when it comes to service charges, they must be deemed reasonable. If they are not, then it is possible to challenge them. However, the law does not define ‘reasonable’ in this context.

It is important to note that you do not have to pay for any service charges which are not included in your lease. It is worth double checking your lease to ensure that you are not being charged for anything which is not included in your lease.

The expense also must have been reasonably incurred. If the windows required a repair rather than a complete new replacement, this may not be an example of a reasonable service charge.

The job or service must also have been carried out at a reasonably standard. If some communal tiling starts to come loose after only a few months then this is clearly not an example of a job which was carried out at a reasonable standard.

Finally, if the amount charged for a job or service was not reasonable then this may also be a matter which can be challenged.

How do you challenge a service charge?

As a leaseholder, you have the right to apply to a tribunal to challenge any service charge, or proposed service charge, which you feel is unreasonable. Your landlord can also ask the tribunal if a service charge is reasonable. The cost for applying to the First-tier Tribunal (Property Chamber) is fixed at £100 for all applications “to commence proceedings for a determination of liability to pay and reasonableness of service charges” ((Section 27A of the Landlord and Tenant Act 1985). The hearing fee is fixed at £200.

If you have already agreed or admitted responsibility for paying the charges then you cannot apply to a tribunal. This also applies in cases where the charges have been decided by a court or tribunal, or by arbitration following a dispute.

If your service charge is due, then in most cases it is advisable to continue to pay it. However, at the same time you can advise your landlord then you will be challenging the charge at a tribunal. If you are successful at a tribunal then the landlord will be forced to repay the amount that you overpaid for.

Our thoughts

Ultimately, if you are unhappy with the way your building is managed then it may not make sense to continue applying to the First-tier Tribunal. An alternative to this is to make a Right to Manage application or to buy the freehold. However, neither of these solutions may be possible if not enough of the flats in the building are let to “qualifying tenants”. When it comes to either buying the freehold or making a Right to Manage application, two thirds of the flats in the block must be let to a ‘qualifying tenant’, also known as a leaseholder.

We previously assisted a group of leaseholders on a dispute regarding the service charge passed on by the landlord for repairs to building parts that were considered structural and should not be included in the service charge. To address such an issue, a detailed investigation into the lease agreement content is necessary. Additionally, obtaining a professional surveyor report on the structural issues that need to be remedied would be beneficial in resolving the dispute effectively.

We also advised on a case where the issue stems from the contractor or subcontractor and the building was constructed with defects. This would indeed be unreasonable and unfair to pass the cost of repairs onto the leaseholder. In such a scenario, leaseholders should not be burdened with costs that are a result of construction defects or contractor negligence.

If your lease contains a forfeiture clause for breach of non-payment of service charge, even though you consider the charge is not reasonable, we will advise against not paying it and risking your lease being forfeited.

Have any further questions? Get in touch with us today.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

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Frankie

Sam

John

Have questions? Get in touch today!

What is a service charge?

When can you challenge a service charge?

How do you challenge a service charge?

Our thoughts

Have questions? Get in touch today!

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