Saturday, 10 May 2014
Here are links to important cases reported by Nearly Legal
Overnight Carer/Disabled Tenant
Dealing with children who stay overnight
Bedroom not used as bedroom
Part-time overnight carer family member
From April 2014 Early conciliation came into force. Before lodging a claim to the Tribunal you willl need to tell Acas first, where conciliation will be offered, only if conciliation is unsuccessful within the set period can the claimant proceed to lodge a tribunal claim.
From April 2014 there are changes to Flexible working rights
The Government proposes to extend the right to request flexible working to all employees and remove the current statutory procedure for considering requests. Instead employers will have a duty to consider all requests in a reasonable manner; employers will have the right to refuse requests on business grounds.
Fathers right to time off for antenatal appointments
From the 1st October 2014 The Children and families Act allows fathers to be and partners of pregnant women, to take time off to attend two antenatal appointments with the expectant mother.
From 1 October 2014 the government have confirmed that parental leave for parents or children born or matched adoption on or after 5th April 20114 will be flexible.
Under this new system parents will be able to choose how they share the care of their child during the first year after birth. Mothers will still take at least the initial two week following the birth, following that they can choose to end the maternity leave and the parents can opt to share the remaining leave as flexible parental leave.
The rules are set out as follows:-
3.10 Where there has been an error of procedure such as a failure to comply with a rule or practice direction –
(a) the error does not invalidate any step taken in the proceedings unless the court so orders; and
(b) the court may make an order to remedy the error
Under Rule 13.3
(1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.
(2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.
This article is for information purposes only