The Solicitor

Redundancy Rights: Off-License Group Announce 2,000 Job Cuts

2009-11-23T11:30:00Z

Administrators at off-license group First Quench have announced they're closing 381 of the company's stores and cutting 2,000 jobs after negotiations to find a new buyer collapsed. First Quench owns a number of well-known high street chains, including Threshers, Wine Rack, Haddows, Victoria Wine and Bottoms Up.

However, Richard Fleming,of administrators KPMG, is still hopeful First Quench can shift "a significant number" of its remaining stores as "going concerns." The Guardian reports EFB Retail may be one of the interested parties. Supermarket chains may also be interested in cherry-picking sites.

"Unfortunately there was not sufficient interest in the 381 stores as part of the going concern sale, so we have no option but to close them," Fleming said.

Redundancy rights

If you've been made redundant recently, or you're worried about being made redundant, you should know you have a number of legal rights, including:

the right to consultation before redundancy to discuss alternatives;
the right to fair and objective redundancy selection criteria and procedures;
the right to an explanation of the reasons for dismissal and the basis of selection;
the right to appeal against redundancy;
the right to try any alternative offer of employment for four weeks;
the right to notice period or payment in lieu of notice;
the right to take reasonable time off, with pay, to look for alternative work or training;
the right to redundancy payment, provided the employee satisfies eligibility requirements.

If your employer violates your redundancy rights, you may be entitled to compensation. Read Redundancy: 5 Things You Need To Know and browse FindLaw's Redundancy Rights blogs to learn more.

Depending on the circumstances of your case, however, it may be better to speak with a solicitor who specialises in employment law. You can be matched with a solicitor in your area for free via solicitor matching services, which can also help you to understand the best course of action for your situation and whether you are ready to hire a solicitor.

Crime and Security Bill: New Proposals To Protect Communities

2009-11-23T10:30:00Z

New proposals to protect communities by making the streets safer, shutting down criminal markets and ensuring justice for victims of crime were revealed last week in the Crime and Security Bill.

The new Bill includes the following proposed measures:

Extending injunctions for violent gang members to under 18s to help them out of the violent gang lifestyle and make communities feel safer;
Making families take responsibility for their children's anti-social behaviour by assessing parenting needs when young people aged 10-15 years are given ASBOs and imposing parenting orders if they are breached;
Tackling domestic violence with orders issued by police officers requiring an alleged perpetrator to leave the premises for a fixed period of time, empowering victims to feel safe in their own homes rather than seeking refuge elsewhere;
Protecting the public by ensuring the right people are on the national DNA database by indefinitely retaining the DNA records of convicted offenders and holding the DNA of those who are acquitted for a proportionate amount of time; &
A tough new compulsory licensing scheme for the wheel clamping industry to prevent unscrupulous companies from exploiting car drivers.

Home Secretary Alan Johnson said:

"I am determined to make our streets and communities safer.
"These new measures set out today will help tackle a range of issues which can affect individuals and neighbourhoods, whether it's anti-social behaviour causing misery to local residents or young people engaging in violent gang behaviour.
"I want to help those most at risk; preventing the cycle of crime and violence. The new measures are tough, but they also include measures such as help to leave a gang and compulsory parenting orders when a young person breaches an ASBO."

Other measures include:

Retrospectively collecting DNA from serious violent and sexual offenders allowing the police to take DNA samples from sex offenders returning to the UK following conviction overseas, and to collect DNA from convicted offenders who have been released back into the community;
Preventing the use of unauthorised mobile phones in prison, stopping organised criminals and terrorists from continuing their criminal enterprises from behind bars; &
Ensuring airguns are safely locked up and out of the reach of children to prevent senseless tragedies through improper storage.

Tax Law Rewrite Complete

2009-11-23T09:30:00Z

The Corporation Tax Bill and the Taxation (International and Other Provisions) Bill have been published. These Bills are the sixth and seventh produced by the Tax Law Rewrite project, which has rewritten a big chunk of UK tax law in recent years to make it clearer and easier to use.

The Corporation Tax Bill (the second of two dealing with corporation tax) substantially completes the rewrite of the corporation tax code. It includes provisions about losses and gifts to charities, various reliefs such as group relief, distributions, particular types of companies and activities, avoidance, and definitions.

The Taxation (International and Other Provisions) Bill includes provisions about double taxation relief, transfer pricing, advance pricing agreements and tax arbitrage. It also relocates and where appropriate rewrites some provisions which would otherwise have been left unhelpfully in the Income and Corporation Taxes Act 1988 or one of the Finance Acts.

The Tax Law Rewrite project was established in 1996. The project's first five Acts, the Capital Allowances Act 2001, the Income Tax (Earnings and Pensions) Act 2003, the Income Tax (Trading and Other Income) Act 2005, the Income Tax Act 2007 and the Corporation Tax Act 2009 have all been well received by the tax community as a considerable and welcome improvement on the previous legislation in terms of clarity and accessibility. The project also rewrote the PAYE Regulations in 2004 in response to requests from users and representative bodies.

The key objectives of the Tax Law Rewrite project are:

to create a clearer, more logical structure for tax legislation;
to use plain language and other reader aids;
no alteration of main tax policies;
some minor policy changes, where these further improve the current legislation;
to fully consult and agree timetables with interested parties; &
to streamline Parliamentary procedures for enacting "rewrite Bills."

In a written statement Stephen Timms said:

"These two Bills complete a 13 year task of rewriting the majority of direct tax legislation for individuals and businesses that started in 1996.
"They are the Tax Law Rewrite project's final Bills and maintain its high standards in making tax legislation significantly easier to use. This would not have been possible without the expertise, time and commitment of all those involved in commenting on the provisions during consultation and I would like to thank them and the members of the Tax Law Rewrite project's Steering and Consultative Committees for their invaluable help in making the project's work such a success."

New Energy Bill To Protect Consumers

2009-11-23T08:30:00Z

A new Energy Bill was introduced in Parliament last week.

The Bill has been designed with two objectives in mind: (1) protect vulnerable households; (2) develop carbon capture and storage (CCS) technology.

(1) Protect vulnerable households

The Bill contains the following measures to protect vulnerable households:

(a) Mandatory social price support (including electricity bill rebates)

This provision builds on the success of the voluntary agreement with energy companies, which ends in 2011 and has helped reduce the fuel bills of more than one million vulnerable customer accounts.

NB. The level of support to be provided through the new mandated scheme will be greater than the £150m committed by suppliers in the final year of the agreement.

(b) Additional powers & responsibilities for Ofgem

The Bill requires Ofgem, the energy market regulator, to:

(i) include the reduction of carbon emissions and the delivery of secure energy supplies in their assessment of the interests of consumers;

(ii) step in proactively to protect consumers as well as considering longer term actions to promote competition.

It also gives Ofgem additional powers to tackle market exploitation where companies might take advantage of constraints in the electricity transmission grid.

And it strengthens the deterrent nature of Ofgem's powers by extending the time limit from 12 months to 5 years within which Ofgem can impose financial penalties for breaches of licence conditions.

(2) Develop CCS technology

The Bill contains the following provisions to increase UK competitiveness in this emerging field:

(a) CCS Incentive

The new CCS Incentive will support the construction of up to four commercial-scale CCS demonstration projects in the UK.

The Incentive could also provide funding for the retrofit of demonstration projects to their full capacity, should it be required in the future.

(b) Clean coal

The Bill will also strengthen the UK's leadership position in the development of clean coal technologies, which could bring between £2-4 billion a year into the UK economy by 2030 and support between 30,000-60,000 jobs in fields such as engineering, manufacturing and procurement.

Energy and Climate Change Secretary Ed Miliband said:

"The new Energy Bill is an example of the Government taking direct action to ensure the markets work fairly and to help more of the most vulnerable with their fuel bills. It will ensure that consumers can be confident that British energy is sustainable and secure. Making the transition to a low carbon economy will be a challenge but this Bill will allow us to put in place key powers which will help us make the shift fairer for all."

Divorce 101: Ordinary Divorce Application - Scotland (#44)

2009-11-22T13:30:00Z

Where a DIY divorce is unavailable, a pursuer should file an application for an ordinary divorce.

Before you file...

(1) Grounds for divorce

As a first step, read Divorce 101: Grounds For Divorce - Scotland (#6).

(2) Should I hire a solicitor?

Yes, you are strongly advised to retain a solicitor for an ordinary divorce.

Always ask for an estimate of costs and the hourly charging rate when you first see a solicitor, but be prepared for this estimate to change as your case goes on.

You should also ask for an estimate of 'outlays' - costs that the solicitor will have to pay out on your behalf, such as court fees, advocate fees, and property valuations.

(3) What about legal aid?

Around three quarters of Scottish adults now qualify for legal aid. If your income, after paying essential expenses such as your mortgage, tax and childcare, is £25,000 or less, you may qualify. Visit the Scottish Legal Aid Board website for more information.

(4) Court costs

If you are on a low income, you should complete a fee exemption form and request a waiver of court costs. For more information, speak to your local Citizens Advice Bureau and visit the Scottish courts website.

Ready to file...

(1) Divorce Summons / Initial Writ

The ordinary divorce procedure begins with the solicitor for the pursuer drafting a summons (in the Court of Session) or an initial writ (in the sheriff court).

(2) Service

The divorce application is then sent to the court and a copy is then served on the defender. Where adultery is a ground for the divorce, a copy is also sent to the third person involved if he or she is named in the application.

(3) Response

After service, the defender has 21 days to respond to the summons / initial writ. If the defender fails to respond, the case will proceed as an undefended divorce.

(4) Undefended divorce

If the defender does not oppose the application, the divorce can proceed as an undefended case. In this event, neither partner usually has to go to court.

The pursuer must submit sworn statements (affidavits) to the court, however, alongside another fee.

The court will then examine all the documentation submitted in the case and issue a divorce decree unless it requires further information.

NB. On average it takes about three months from drafting the application to obtaining a decree in an undefended case.

(5) Defended divorce

If the defender does not agree about the grounds for the divorce, or issues about the children, money or property the divorce application will go to court as a defended case. Defended cases can be long and expensive, but it may be possible to settle disputes using mediation or the collaborative family law process.

If agreement is not possible, however, the court will schedule an Options Hearing to give the parties a chance to meet with a sheriff and reach an agreement without proceeding to a full Proof Hearing. Where the parties still disagree the hearing at least serves to focus on the area(s) of discord between the parties.

If the matters at issue are not resolved the case then proceeds to a 'proof.' A proof is a full court hearing where evidence is given by witnesses, etc. Less than 3% of divorce cases reach this stage, however, as most couples eventually reach an agreement with the help of their solicitors and mediation.

** Additional Information & Advice **

You can obtain further information about divorce in Scotland on FindLaw.

Depending on your circumstances, however, you may want to speak with a solicitor who specialises in family law. You can be matched with a solicitor in your area for free via solicitor matching services, which can also help you to understand the best course of action and whether you are ready to hire a solicitor.

Divorce 101: DIY Divorce Application - Scotland (#43)

2009-11-22T12:30:00Z

There are two ways to obtain a divorce in Scotland:

DIY divorce (a.k.a. simplified divorce); or
Ordinary divorce.

In this blog, we'll take a look at DIY divorce.

[To read about ordinary divorce, read Divorce 101: Ordinary Divorce Application (#44).]

DIY Divorce / Simplified Divorce

DIY divorce is available only if:

the divorce is uncontested - if a party objects to the procedure at any stage, it will stop;

either (1) the marriage broke down irretrievably because the parties lived apart for at least one year and both consent to the divorce, or the parties lived apart for at least two years and one spouse does not consent to the divorce, or (2) one spouse has been issued with an interim gender recognition certificate;
there are no children under 16 - this includes adopted children and children accepted into the family;
there are no disputes over property or money;
neither party suffers from a mental disorder affecting their ability to manage their own affairs;
there are no other court proceedings; and
there is no religious impediment to the remarriage of either partner - this may apply if a party is Jewish and seeks a religious bill of divorce (known as a 'get').

To apply for a DIY divorce, visit the Scottish Courts website or drop by your nearest Sheriff Court or the Court of Session to download/pick up Form SPA (if the ground for divorce is one year separation with consent), Form SPB (if the ground for divorce is two years separation without), or Form SPC (if the ground for divorce is that one spouse has been issued with an interim gender recognition certificate);

Once you have the correct form, fill it in. And if you have Form SPA, ask your spouse to sign the consent form.

Then fill out the affidavit that comes with the form and sign it before a justice of the peace (your nearest Citizens Advice Bureau, local authority or district court can help you to find one) or notary public or commissioner for oaths.

Next, return the completed form and affidavit, to your nearest Sheriff Court or the Court of Session together with:

either the £90 court fee or a completed fee exemption form available on the Scottish Courts website;
your marriage certificate;
if the address of your spouse is unknown, a letter from the General Records Office stating that there is no record that your spouse has had your marriage dissolved - you can obtain this by contacting the General Register Office;
where the ground for divorce is that an interim gender recognition certificate has been issued, the principal interim gender recognition certificate or a copy certified by the Gender Recognition Panel.

After it receives the above documents, the court will send a copy of your application to your spouse. They will then have time to object to the divorce. If they do object, the DIY divorce cannot progress, and you will need to pursue an ordinary divorce.

It usually takes about two months to process an application. But if your spouse resides abroad and/or the documentation needs to be translated, your application may take longer. If it is successful, the court will issue a decree of divorce and you will be free to remarry.

** Additional Information & Advice **

You can obtain further information about divorce in Scotland on FindLaw.

Depending on your circumstances, however, you may want to speak with a solicitor who specialises in family law. You can be matched with a family law solicitor in your area for free via solicitor matching services, which can also help you to understand the best course of action and whether you are ready to hire a solicitor.

Rogue Wheel Clampers Face Compulsory Licensing

2009-11-22T11:30:00Z

A tough new compulsory licensing scheme designed to rid England, Wales and Northern Ireland of rogue wheel clampers, has been set out in the Crime and Security Bill.

Proposals within the Bill will make it mandatory for all wheel clamping businesses to be licensed under the terms of a strict code of conduct. The code will include a cap on fines, time limits on towing cars unreasonably quickly after being clamped and set out clear instructions for putting up signs warning drivers that clamping takes place.

Ministers are also looking to introduce an independent appeals process for motorists who feel unfairly penalised by firms and their employees.

Any company which breaches the terms of their licence could lose their right to practise and face up to five years in prison or a substantial fine.

Home Office Minister Alan Campbell, said:

"The Crime and Security Bill reflects the Government's commitment to prevent abuses by unscrupulous firms and their employees.

"There is no room within the wheel clamping industry for those who indulge in unacceptable behaviour including unclear signage and excessive fees.

"A compulsory licensing scheme for operators will leave clamping firms in no doubt as to their responsibility to the public and anyone breaching the strict code of practice risks losing their licence.

"Firms will have to ensure signage is clear, fines are proportionate and towing practices are regulated. We are also working to introduce an independent appeals process for motorists who feel they have been unfairly treated."

Sadiq Khan, Transport Minister, said:

"These tough new proposals are part of a series of measures the Government is putting in place to tackle the scourge of rogue parking firms who harass and intimidate motorists.

"We have already taken action to restrict access for parking firms wanting driver information and by bringing in these new requirements for clamping firms we are sending a clear message to unscrupulous firms that they need to clean up their act if they want to stay in business."

The new legislation has been drawn up following discussions with motoring groups, industry representatives and a 12-week public consultation during the summer. Currently, any individual undertaking wheel clamping must hold a frontline licence from the Security Industry Authority, with supervisors or directors holding a non-frontline licence.

The new Compulsory Licensing Scheme will extend responsibility from individuals to businesses. It will be administered and controlled by the Security Industry Authority, which regulates the private security industry in Great Britain under the Private Security Industry Act 2001, and reports to the Home Secretary.

Health And Safety Failure Led To Drowning At Public Swimming Pool

2009-11-22T10:30:00Z

The Health and Safety Executive (HSE) said this week that serious management failings led to the death of a young boy, who drowned in a swimming pool at a Dundee leisure centre.

The seven year-old, Luke Hutton, died in September 2007 at the Olympia Leisure Complex, Dundee. At the end of a public swimming session, another child raised the alarm that Luke was missing and his body was then found in a covered wave pool following a 40-minute search.

At Dundee Sheriff Court on Tuesday, the organisation Dundee Leisure of 30 and 34 Reform Street, Dundee, was fined £40,000 having pleaded guilty to charges under Section 3(1) of the Health and Safety at Work etc. Act 1974.

Health and Safety Executive Inspector Peter Dodd said:

"HSE recognise the undoubted benefits of children learning to swim and the skills this equips them with. Cases such as this are rare, but it illustrates what can happen when a non-swimmer is not given the full attention they require to enable them to use these facilities safely.

"Dundee Leisure failed to have robust measures in place to ensure the safety of their clientele at all times. The lifeguards working at the Olympia Centre were not adequately trained to ensure that every part of the wave pool was properly supervised, particularly in relation to a potential blind spot within the area."

Section 3(1) of the Health and Safety at Work etc. Act 1974

It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.

New Measures To Tackle Anti-Social Behaviour: Part 3

2009-11-21T13:30:00Z

[Continued from New Measures To Tackle Anti-Social Behaviour: Part 2]

Councils and the police now have more powers and tools to deal with anti-social behaviour than ever before. These include:

Acceptable behaviour contracts

Acceptable behaviour contracts (ABCs) are non-legally binding written contracts between one or more local agency and someone who has behaved anti-socially, outlining what that person should or should not do. They are often used with children and young people, but can equally be used for adults, when a warning has been unsuccessful in addressing a problem.

Anti-social behaviour injunctions

An injunction is a civil order made by the county court to compel an adult (over the age of 18) to do something, or to prevent a particular action or behaviour. They can be applied for by social landlords against tenants, owner-occupiers and non-tenants. Injunctions are used when someone is committing anti-social behaviour, including noise nuisance, verbal abuse, visitors causing nuisance to neighbours, untidy gardens and threats of violence or actual violence.

Anti-social behaviour orders (ASBOs)

Anti-social behaviour orders are civil orders that protect the public from behaviour that causes, or is likely to cause harassment, alarm or distress. ASBOs are not criminal penalties, but breach of an ASBO is a criminal offence. They can be made on anyone aged 10 or over who has displayed anti-social behaviour in the previous six months. They are intended to protect the public from further anti-social behaviour.

Family intervention projects

When an agency has received numerous complaints about the behaviour of a family and the impact they're having on their local community, they can use a family intervention project to work with that family to change their behaviour. The family is offered help to address the causes of their behaviour, along with supervision and enforcement to ensure they change it.

Community agreements

Community agreements are written settlements reached between the residents of a community to resolve disputes. The agreement is based on the wishes of the majority, and facilitated by independent mediators who make private and confidential visits to each person involved. They are used when there is conflict or unrest within a neighbourhood.

Visit www.respect.gov.uk for more information on all the powers and tools available to combat anti-social behaviour.

New Measures To Tackle Anti-Social Behaviour: Part 2

2009-11-21T12:30:00Z

The Government has also announced new measures to tackle anti-social behaviour for people living in social housing. This includes:

ensuring tenants are supported to challenge landlords, councils and the police where they are failing or not acting quickly enough;
a new housing anti-social behaviour action squad to work with landlords on the ground to spread and embed good practice;
new guidance for social landlords to provide them with a detailed understanding of how to use their powers effectively; &
a revised, Respect Standard for Housing Management, on tackling anti-social behaviour, which will be become binding on social landlords for the first time.

Where necessary industry regulator Tenant Services Authority will be able to use new enforcement powers to ensure that tenants get a good service. These can include issuing enforcement notices or even transferring the management of properties to another provider. In addition, housing associations can face fines or be forced to pay compensation to their tenants.

Housing Minister John Healey said:

"Our homes and estates should be places where people like living and feel safe, but in some areas a small number of people are ruining that and where this happens we need to take rapid action. That's why we're making sure councils and housing associations aren't just responsible for bricks and mortar, but that they can also influence the quality of life in local neighbourhoods. They're also responsible for cracking down on anti-social behaviour and have powers to do so.
"But it'll be up to tenants too, to get involved if their community is being blighted by anti social behaviour. As a result of the new measures, tenants will have the power to hold their landlords to account and trigger quick and effective action when they think it's needed and it's important that people know about and make use of these powers. Social landlords have the powers to crack down on anti-social behaviour and I am backing tenants in wanting them used to the full."

[Read more about new measures to tackle anti-social behaviour in Part 3.]

New Measures To Tackle Anti-Social Behaviour: Part 1

2009-11-21T11:30:00Z

The Government announced millions of people across the country will get extra help to tackle anti-social behaviour this week.

New measures to tackle anti-social behaviour include:

letting local residents know the rights and how to report anti-social behaviour through targeted leaflets, regional events and information for local media;
extra training for 10,000 frontline staff such as anti-social behaviour co-ordinators, police and neighbourhood wardens;
extra funding for local work to tackle anti-social behaviour such as environmental clean up campaigns, supporting community led projects to engage young people and creating more attractive public spaces; &
training to help residents and community champions challenge police and councils and shape the approach to tackling anti-social behaviour.

This drive, which is being funded by a £10 million package, will target 130 local councils.

Many local councils and social landlords are already working with the police and have achieved a great deal of success. Latest figures from the British Crime Survey show there has been a fall in people's perception of anti-social behaviour as a local problem over the last six years.

But statistics are cold comfort to victims and the Government wants everyone across the country to work together to deal with the problem.

Communities Secretary John Denham said:

"We're making sure millions of people know how to report anti-social behaviour and when they do, front-line staff are better equipped to deal with any problems. We want to spur more action, faster action and more effective results so people can be confident that problems are being tackled and stopped. We want people to know they are not alone - government, their council and police are on their side, whether it's tackling nightmare neighbours, aggressive gangs or mindless vandals.
"It might be a minority causing harm and misery for the majority but we are clear - this won't be tolerated. We're backing our communities and our neighbourhoods. To help this we're giving the opportunity to thousands of community champions for support and training so they can ensure councils and police deliver, using all the powers they have and doing all they can."

Home Secretary Alan Johnson said:

"The public rightly expects to live in neighbourhoods free from the corrosive effects of intimidation and harassment. They want to see both local authorities and police using the powers they have been given in a way that is effective and responsive.

"Some areas need the extra help we will be giving them to ensure that anti-social behaviour is tackled not tolerated.

"It is only through successful partnership working, between local and central Government, the police, social landlords and the broader community, that we can continue to reduce public concern over anti-social behaviour."

[Read more about new measures to tackle anti-social behaviour in Part 2.]

Family Court Media Access: New Rules Announced

2009-11-21T10:30:00Z

Proposals to further open up family courts to the media have been announced as part of new legislation put before Parliament this week.

Clauses in the Children, Schools and Families Bill build on changes announced in April that allowed the media to attend most family proceedings for the first time. The legislation aims to balance the need to make family courts open and accountable against the importance of protecting the welfare of children and families involved in family proceedings.

In recognition of the significance of these reforms in a sensitive area, the changes will be introduced in phases to assess their impact.

The first phase will allow reporting of family proceedings - including placement proceedings for the first time - with a strict indefinite ban on the publication of the identity of children and families involved. It will also prohibit sensitive personal information from being reported, unless the court directs otherwise. In the interests of open justice and to improve public confidence, experts who are paid to provide evidence to the court may be named. The legislation will not change the current rules that permit applications for access to court documents.

The overall aim is to move to an open reporting system where information would be reportable unless the court specifically prohibited it in an individual case, whilst still protecting the anonymity of the children. A review, after the initial provisions come into effect, will allow Ministers and Parliament to decide whether some or all the reporting restrictions could be removed in the interests of greater transparency, whilst maintaining a total ban on identifying the children and the families involved. This would cover restrictions on witnesses and sensitive personal information. Moves to the second more open phase would require a positive vote of both Houses of Parliament.

Justice Secretary Jack Straw said:

"We want to create a system that is transparent, accountable, and inspires public confidence in its good work, whilst still protecting the privacy of children and families involved.

"Greater media access to family courts will lead to greater trust in family courts. Finding the right balance among many strong views will take time, which is what this Bill will allow us to do."

The clauses in the Bill introduced today are part of an ongoing programme to increase media reporting of family courts, announced by Jack Straw in December 2006 following the consultation response paper, Family Justice In View. The first of these changes were made in April this year, when the media were given the right to attend some family proceedings and report the gist of them.

Constructive Dismissal: Strike 1 to "Decorative Dumb Blonde"

2009-11-20T14:30:00Z

There was another twist in Jordan Wimmer's £4 million constructive dismissal case against Nomos Capital founder Mark Lowe this week, as the defendant took the stand. Lowe admitted to sending sexually explicit emails to female employees and calling Wimmer a "dumb blonde" and "decorative"; he also said he had a "marked preference" for female sales staff, which he justified as "pure commercial sense." Wimmer also produced one email in which Lowe asked her whether an internship candidate was "cute" or "blonde."

But Lowe rejected Wimmer's claims that he'd hired escorts, who accompanied him to business meetings, and a hitman to kill her. He also denied accusations that he made sexual advances towards Wimmer, saying he always treated her "in a gentlemanly way."

Wimmer joined Nomus Capital in 2004. She says she was forced to leave the firm in February suffering from depression and is now suing Lowe for sex discrimination, unlawful deduction of wages, unfair constructive dismissal, and disability discrimination.

The case continues.

How to prove constructive dismissal

To prove constructive dismissal, you must show that your employer committed a serious breach of contract, you did not accept the breach, and you resigned because of the breach. Examples of serious breaches of contract in this context include the following:

Unilaterally cutting your pay;
Arbitrarily demoting you to a lesser role;
Changing your job duties, working hours or place of work without your agreement;
Failing to give you reasonable support to carry out your job without disruption, harassment or bullying from co-workers; &
Forcing you to work in conditions where health and safety regulations are not observed.

Constructive dismissal cases are hard to win, however, so you should always seek advice before quitting your job. Factors such as your employment status, the terms of your employment contract, length of service, and reasons for leaving all require consideration.

** Additional Information & Advice **

You can obtain further information about sex discrimination, unlawful deduction of wages, unfair constructive dismissal, and disability discrimination on FindLaw.

Depending on the circumstances of your case, however, it may be better to speak with a solicitor who specialises in employment law. You can be matched with an employment law solicitor in your area for free via solicitor matching services, which can also help you to understand the best course of action for your situation and whether you are ready to hire a solicitor.

Links:

Financial Services Bill: Key Features

2009-11-20T13:30:00Z

1. Stronger financial regulation and corporate governance

Creates a new Council for Financial Stability, chaired by the Chancellor and including the Chair of the Financial Services Authority (FSA) and the Governor of the Bank of England, to focus on managing systemic risk and protecting financial stability, both in the UK and internationally.
Establishes a new financial stability objective for the FSA, enabling it to place greater emphasis on monitoring, assessing and mitigating macro-prudential risks in its supervisory and regulatory approach.
Hands enhanced power to the FSA by:

- extending the Authority's rule-making powers to accomplish any of its objectives (not just consumer protection as at present);

- extending its information-gathering powers to non-regulated firms (including hedge funds), where information is relevant to financial stability;

- strengthening its powers to take action where firms and individuals are guilty of misconduct;

- allowing it to restrict short selling and to require disclosure of short selling.

Includes the following provisions on remuneration:

- FSA handed task of coming up with binding rules to implement the G20 pay agreement;

- Hands FSA power to void any contract that contravenes said rules and to recover any payments made under contracts that breach rules;

- Ends multi-year guaranteed bonuses, or large bonuses paid out as a cash lump sum at year-end, and all bonuses subject to clawback.

Demands FSA require firms to produce Recovery and Resolution Plans (RRPs) or living wills. RRPs will ensure institutions have robust recovery plans to deal with periods of stress without recourse to support from taxpayers. By removing barriers to effective resolution of failed firms, RRPs will help protect against system-wide risks and reduce the need to draw on taxpayers' funds to ensure financial stability in the future.

2. Greater protection and support for consumers

Grants consumers the right to seek collective redress and compensation where there is evidence of widespread detriment. (A representative will bring an action through the courts on behalf of a group of consumers.)
Streamlines the FSA's powers to order a review of past business and to secure compensation if there have been legal or regulatory breaches.
Bans unsolicited credit card cheques, preventing financial institutions from encouraging customers to borrow more than they can afford.
Establishes a new independent consumer financial education body to increase financial education and awareness among consumers. The new body will roll out a national Money Guidance Service from 2010 (currently being joint-piloted by the FSA and the Treasury) that will deliver accessible, impartial financial guidance.
New authority for the Financial Services Compensation Scheme to act as an agent to deliver compensation to UK customers of financial firms based overseas, improving depositor protection.

Financial Services Bill Enters Parliament

2009-11-20T13:30:00Z

The Government introduced the Financial Services Bill in Parliament yesterday. The Bill delivers significant reforms that will provide greater rights and information for consumers, in addition to stronger financial regulation to make banks safer and more robust.

The Bill includes:

New powers for consumers to collectively challenge banks in court in addition to a new consumer financial education body and a free nationwide money guidance service.
A requirement for firms to develop 'living wills' to help them better understand the risks involved in their businesses and deal with periods of stress, and to ensure they can be wound down in future crises without excessive taxpayer support.
Tougher rules on pay and bonuses that will ensure remuneration policies do not contribute to excessive risk taking.
Strengthening of the regulatory framework, including the creation of the Council for Financial Stability and enhanced powers for the Financial Services Authority.

To learn more about the key features of the Financial Services Bill, read Financial Services Bill: Key Features.

Chancellor of the Exchequer Alistair Darling said:

"From the outset of the global financial crisis two years ago, the Government has taken decisive, innovative steps to protect the savings of British families and stabilise the economy.

"Along with governments around the world, we have learned important lessons about the weaknesses of global banking. In the past too many banks failed to fully understand the risks they took. When the crisis hit, far too many firms found themselves short of capital and without any plan for managing through turbulent times.

"The Bill we are introducing today is central to the Government's reform agenda that seeks to empower consumers and make sure that, in the future, taxpayers will not be called on to protect banks from the consequences of their actions."