News: Lewis Hymanson Small Solicitors LLP

Don�t slip up in the kitchen

Thu, 10 Jul 2008 00:00:00 GMT

SLIPS and trips could cost restaurateurs more than they bargained for after a fast food chain recently paid out �20K in damages.

The cost of personal injury claims as a result of a slip or trip has rocketed to over �500m per year, with the food industry having the highest incidence at about twice the average rate of the manufacturing industry.

A recent case saw an employee of a well known fast-food giant requiring constructive surgery on her arm after she slipped and submerged it in scalding oil. An investigation found the flooring was inadequately slip-resistant when contaminated. The company was found guilty and was forced to pay out over �20,000.

Neeta Laing, head of employment at law firm Lewis Hymanson Small, said:

�The case highlights the importance of complying with health and safety legislation and also shows the importance of ongoing training. This case occurred against one of the largest fast food chains in the world so the �20K payout wouldn�t have made much of a dent but the same case for an independent restaurateur would be potentially devastating, especially in current market conditions.

�This food industry employs over 1.7 million people and is continuing to grow, therefore it is important that the causes of accidents and ill health are effectively controlled. It is the employers� responsibility to ensure that regulations are adhered to in order to minimise the risks.�

Laing gives four tips for employers to help prevent workplace accidents:

Have a full risk assessment of the workplace carried out to check the necessary precautions are in place
Make sure you have an accident book and always ensure that every accident is recorded, investigated and preventative steps taken
Employees must be trained on employment and health and safety procedures at induction and receive refresher training
Make sure you implement a proper Health and Safety Policy and clearly display this Health and Safety notices for all employees to see

Summer holidays could lead to discrimination claims

Fri, 04 Jul 2008 00:00:00 GMT

EMPLOYERS are risking discrimination claims by showing preference to certain employees when granting annual leave this summer, claims HR expert Stephen Seymour.

Seymour, of HR, training and recruitment consultancy The Urquhart Partnership, said bosses must be careful not to show favouritism at this time of year.

He added: �Employers often feel obliged to allocate summer holidays to parents and carers but, at this time of year, many staff request time off so it is important not to show bias.

�All employees should be treated equally and having a policy in place with clear guidelines on holiday requests can minimise any confusion or resentment.

�A holiday request can be refused if there is a genuine business reason, such as no staff cover, and operating a first-come, first-served policy or a rota system could be a solution to this.

�Adhering to a holiday policy ensures fairness and equality in the workplace.�

Neeta Laing, head of employment law at Manchester law firm Lewis Hymanson Small, said employers can fall foul of employment legislation by treating some employees more favourably than others.

She added: �Employers must be aware of causing offence when granting annual leave during the popular summer period. An added complexity is if employees request time off on religious grounds which is also now protected under legislation.

�Having a very clear written policy in place to manage employee requests is very important.�

Sisters IHT battle highlights need for careful planning

Fri, 16 May 2008 00:00:00 GMT

LEGAL experts say the case of two sisters who fought for the same inheritance tax rights as married couples and civil partners has highlighted the need for careful financial planning.

Joyce and Sybil Burden have lived together all their lives but if one of them dies, the other will face an inheritance tax bill of more than �50,000 and may have to sell the family home to pay it.

The sisters have been battling since 1976 for the same IHT allowances married and civil partnership couples have. They finally lost their case in the European Court of Human Rights this week.

Howard Burns, wills and probate partner at national law firm Lewis Hymanson Small, says the case highlights the need to have a will in place:

�The case should serve as a warning to people everywhere that they must plan now to reduce the inheritance tax burden. Everyone should have a professional will in place and examine their finances carefully. The fact the case went all the way to the European Court means it has been taken very seriously and could open the floodgates for other similar cases.�

Howard Burns gives six tips for reducing your inheritance tax bill:

Re-write your will � IHT is based on the value of your estate. You can reduce this figure by making donations
Consider downsizing � this will release capital to pay your IHT bill
Remember that if you survive seven years after making a gift, IHT is not payable
Give away items which will rise in value. The increase will then benefit the receiver rather than swelling your estate
Take advantage of other lifetime gifts which are tax free
Invest in non-quoted shares. AIM listed shares and shares in privately owned companies are free from IHT if held for two years