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Suffering an injury at work can be distressing and with the winter months come more potential hazards to be aware of.

Ice, snow, heavy rain and reduced daylight can potentially increase injuries in the workplace and it is important to know your rights if this does happen.

Some injuries can cause long-term health effects and you may be eligible to claim compensation.

Our personal injury expert, Gareth Brazier, explains the steps you must take if you are injured at work.

What happens if you injure yourself at work?

If you suffer an accident at work, you should seek medical attention.  It may be important for your claim to be able to produce medical records that have a contemporaneous record of your accident and injury.

Reporting the incident to your employer should be done as soon as possible, as most workplaces have an accident reporting procedure or an accident book.

Documentation of evidence relating to the accident, such as photographs of the scene or your injuries and witness contact details, can support your case if it is taken further.

If your injury requires time away from work, you should keep notes of your symptoms and how the injury affects your daily life.

What are your rights after a workplace accident?

Employees have strong protection under the Health and Safety at Work Act 1974, which requires employers to provide a safe workplace.

If your employer fails to take reasonable steps to protect you, and as a result your injury has been caused, you may be entitled to claim compensation.

For a successful claim, there must be someone legally responsible for the injury and the evidence you provide can help determine who is liable.

If your injury leads to time off work, in most cases you will be entitled to at least Statutory Sick Pay for up to 28 weeks.  Any additional sick pay or a higher contractual pay will be subject to your employment contract.

If your employer unlawfully disciplines or dismisses you after a workplace accident or claim, you may have grounds for an unfair dismissal claim.

What are employers’ responsibilities for an injury at work?

Winter conditions significantly increase hazards in the workplace and employers must take additional precautions to keep their employees safe.

Common risks in winter include:

• Slippery areas caused by ice or rain
• Poor lighting due to shorter daylight hours
• Unsafe driving conditions for employees required to drive for work
• Working in extreme cold weather without protective equipment

Employees should ensure conditions are safe within the workplace and provide appropriate clothing or equipment to prepare for the colder months.  Failure to take reasonable steps to protect an employee’s safety may be a breach of duty.

How to make a personal injury claim?

Winter injuries and workplace accidents can have long-term health effects and seeking legal support can help assess if you are eligible for compensation.

A personal injury solicitor can review who is legally responsible for the accident and notify the employer or their insurer, to set out the facts and evidence to prove liability for the accident.

If liability is admitted, medical evidence and proof of financial loss will be obtained and gathered together to present to the opponent, seeking a settlement of the claim.

If liability is denied, legal support will assist you to gain further evidence, fully assess the strength of liability arguments, and prepare for litigation.

The legal process can often feel overwhelming, but this should not deter you from seeking compensation that you may be eligible for.

Why can our legal team help you?

Workplace injuries can heal over time, but they can also bring health and financial implications that have long-lasting effects.

A personal injury claim may be intimidating, especially when it involves your employer, but it is important to achieve a fair outcome if your employer has breached their duty of care to keep employers safe.

If you believe your employer failed to protect you, our specialist team can guide you through the claim process and ensure your rights are fully protected.

If you need support after a workplace accident, contact our personal injury team today.

When a loved one passes away, the administration of their estate must be handled with care and impartiality.

However, disputes can arise when a Personal Representative fails to carry out their responsibilities properly.

Beneficiaries may be entitled to bring a claim to remove the Personal Representative in order to protect their inheritance and the estate from being mishandled.

Our Contentious Probate expert, Erin Duffy, explains further below.

What is a Personal Representative?

A Personal Representative (PR) is the person legally responsible for administering a person’s estate, including executors and administrators, once they have passed away.

The role carries legal obligations and once they begin dealing with the estate, known as intermeddling, they must fulfil those duties diligently.

Under the Administration of Estates Act 1925, PRs must:

• Collect and safeguard the estate’s assets
• Administer the estate according to the law and the Will
• Provide estate accounts and inventories when required by the court
• Deliver probate documents to the court if ordered

What happens if a Personal Representative fails in their duties?

A PR who acts negligently, breaches the terms of the Will, unreasonably delays administration or uses their position to take personal benefit from the estate will be in breach of their duties and may be removed from their position.

These breaches can include:

• Failing to follow the Will’s instructions
• Distributing assets to the wrong people
• Not remaining neutral between competing beneficiaries
• Selling assets at an undervalued cost
• Failing to provide proper accounts or information

If these breaches result in financial loss, beneficiaries may be able to start a claim to hold the PR personally accountable.

The PR may be required to compensate the estate for the loss or account for any profits they have improperly gained.

Managing an estate can be overwhelming, but if you think a PR is not fulfilling their duties or is in breach of trust, you must seek legal advice as early as possible.

How to bring a claim against a Personal Representative?

A claim against a PR requires legal help to review the Will, any available estate accounts and the administration process to identify any breaches.

This includes assessing whether the PR has failed to act with reasonable care and skill and has breached their fiduciary obligations.

Before issuing proceedings, a solicitor will send a formal letter before action outlining the breaches and, if applicable, the loss caused to the estate and its beneficiaries.

This will allow the PR an opportunity to resolve the issue without court involvement.

If the PR does not respond or refuses to cooperate, a claim may need to be issued in Court  citing the alleged breaches and financial loss.

When submitting a claim, it may include compensation for losses and an application to remove or replace the PR.

A PR found in breach of trust cannot use estate funds to defend themselves and beneficiaries must act quickly if they suspect this is happening.

How to remove a Personal Representative?

If a PR has intermeddled, they can only be removed by court order and applications are usually made under Section 50 Administration of Justice Act 1985 or Section 116 Senior Courts Act 1981.

The court will consider whether removal is in the best interest of the estate and if wrongdoing has occurred.

The wishes of the beneficiaries and the likely cost of appointing a replacement will also be considered.

What are your rights when claiming against Personal Representatives?

Losing a loved one can be emotionally challenging and the additional stress of a PR in breach of their duties can be difficult to approach on your own.

Personal Representatives have a strict duty to act in the best interests of beneficiaries and the estate, but this does not always run smoothly.

Claims against PRs are overwhelming and if you suspect an estate is being mismanaged, early legal advice is crucial.

Our expert team can assess the situation and help you protect your inheritance and ensure the estate is administered lawfully.

If you are concerned about a Personal Representative and a potential breach may have occurred, contact our Contentious Probate team today.

When your marriage breaks down, it can lead to concerns about how your business and assets will be affected.

A limited company can represent years of hard work and financial investment. Whilst it may feel separate from your marriage, it is often included in the financial negotiations of a divorce.

Our family and divorce law expert, Karen Bishop, explains how businesses are treated in divorce and how to protect yours.

How is a limited company valued during a divorce?

As part of financial disclosure, both spouses must list all assets, including any business interests, in their divorce proceedings.

If both parties cannot agree on the company’s value, the court may appoint an independent or forensic accountant to provide an objective valuation.

Although there is no set approach for valuation, in the Family Court, the income approach is a common way to assess the business’s value and earning potential.

The income approach is used to estimate a business’s future earnings and applies a risk-based approach discount rate to determine its present value and capacity to generate future income.

However, valuing a limited company is rarely straightforward and the accountant must consider the future profits and turnover.

A last resort for some couples is liquidating assets, but this can be difficult and the court may discount the valuation or balance with more secure assets to be awarded to the spouse.

Is your spouse entitled to half of the business?

When dividing marital assets, the court’s priority is fairness and shares do not always need to be equally divided.

Common outcomes include:

• Retaining the business while your spouse receives a greater share of liquid assets
• A structured buy-out, potentially over time, if funds cannot be released immediately
• Selling shares
• Joint ownership, due to ongoing financial ties

The court will consider factors, including the length of the marriage, financial and non-financial contributions, children’s needs, earnings and both parties’ future requirements.

How to protect your business before a divorce occurs?

Planning is the best way to protect your limited company and this can begin with pre-nuptial or post-nuptial agreements.

These agreements allow couples to agree in advance how business assets should be treated if the relationship ends.

Whilst they are not automatically binding, courts will respect them if they are fair and properly drafted.

Legal commercial contracts, such as shareholder agreements, can also include clauses requiring shareholder approval for share transfers, buy-back rights if a shareholder divorces or pre-emption rights for other shareholders.

Keeping your business and personal finances separate can help set a clear distinction between your company and marital assets.

In some cases, holding shares through a trust or structured ownership can offer additional protection.

With the right legal advice, we can help you protect your assets and manage them later in financial settlements.

How can our expert guidance help?
When businesses’ assets are involved in divorce, early legal guidance can help you clarify valuations and negotiate a fair settlement.

Planning can reduce disruption to your business operation and putting measures in place can mitigate disruptions before they arise.

If you are a business owner facing divorce or wish to protect your company’s future, our expert family and divorce law team can help.

Are you in need of help drafting a fair settlement? Contact our expert team today.

Many business owners may presume that money laundering is a problem for banks or large corporations.

However, small and medium-sized businesses across the UK can be targeted by criminals seeking to disguise illegal funds.

Businesses that fail to put proper Anti-Money Laundering (AML) controls in place can be subject to fines and criminal prosecution.

Our criminal defence specialist, Jeremy Sirrell, explains your legal responsibilities and how to protect your business.

What is anti-money laundering?

AML refers to the laws and policies created to prevent criminals from cleaning illicit money through legitimate businesses.

In the UK, AML rules mainly stem from the Money Laundering Regulations, the Proceeds of Crime Act 2002 and the Terrorism Act 2000.

Criminals typically launder money through three stages:

1. Placement – introducing illegal funds into the financial system
2. Layering – moving funds through transactions to blur their origins
3. Integration – reintroducing the money as legitimate assets or income

Businesses can unknowingly become involved in these stages, so keeping strict controls in place is important.

What are AML checks?

If your business is regulated, you must conduct formal AML checks, including Knowing Your Customer (KYC) and verifying their identity and address.

Customer due diligence is important and so is completing deep checks on high-risk clients or suspicious transactions.

Businesses should try and gain an understanding of where the money originates from and screen customers against sanctions or watchlists.

Ongoing monitoring and looking out for unusual activity or transaction patterns can help protect your business.

How to keep your business compliant?

To comply with AML rules, businesses should conduct a formal risk assessment of customers, services, products and delivery channels.

Business owners should create a written AML policy outlining their responsibilities and keeping a detailed record of due diligence and risk assessment completed.

An AML policy should also cover customer checks, the ongoing monitoring obligations and what to do if a money-laundering activity occurs.

Businesses can also prepare internally by appointing a money laundering reporting officer and providing staff training to recognise suspicious transactions.

Regular policy reviews are important, especially if your business model or client base changes, and can show compliance if you are ever audited or investigated.

Failure to comply can result in:

• Investigation by HMRC or FCA
• Fines
• Criminal charges, including imprisonment
• Forced closure of your business
• Loss of client trust and damage to your reputation

Even unintentional breaches can lead to penalties, so reaching out for legal guidance early on can help protect your business.

How can we help you prepare?

Whether you handle client money or process large transactions, understanding your legal duties under the Money Laundering Regulations is crucial.

Businesses must remain alert to unusual activity, such as cash purchases or unexpected rises in spending, and report suspicious activity promptly.

Our team can help you to take the first steps to stay compliant by reviewing or creating AML policies and risk assessments.

With the right legal guidance, you can limit your business’s exposure to risk and operate confidently.

For expert advice on AML compliance, contact our expert team today.

For many commercial property owners, an important arrangement to consider is whether an occupier should be granted a lease or a licence.

Although these documents may seem similar, the legal consequences are significantly different and getting it wrong can put landlords at risk of dispute or loss of control over their property.

Our Commercial Real Estate Solicitor, Lorena Gomez Sutherland, explains the distinction and how commercial property owners can protect their long-term interests.

What is a lease?

A lease is a legally binding agreement that grants a person or entity exclusive possession of a property for a fixed or clearly defined period of time and for a set rent.

It includes obligations on both the landlord and the tenant and, in some cases, will be registrable at the Land Registry.

In simple terms, a lease allows a tenant to use and possess the land or building and control the space demised by the lease (subject to any reservations).

A tenant will often benefit from the same rights that the landlord benefits from under its title, for example, a right to connect to utilities conduits under adjoining property or a right of way over an estate road.

A tenant can exclude its landlord and third parties from the land, except where the landlord has reserved rights of entry to the property, for example, to carry out repairs or valuations.

As the lease creates a proprietary interest in the land, a tenant may have the right to assign the lease or sublet the property. Assigning the lease transfers the tenant’s right of exclusive possession to a new tenant.

Whereas an underlease, or sublease, creates another layer in which the tenant is still accountable to the landlord, but the subtenant is accountable to the tenant.

In this situation, it is important to the landlord that the subtenant’s right of occupation cannot outlast the tenant’s right and, therefore, a sublease would usually be excluded from security of tenure.

Security of tenure arises under the Landlord and Tenant Act 1954. This provision automatically grants a tenant (of a commercial lease of 6 months or longer) a statutory right to renew the lease at the end of the term, unless this security is formally excluded.

For many commercial landlords, a lease is preferable to a licence because it is more structured and regulated, as well as offering a defined length of term or an agreed break option.

Leases often include repairing obligations on tenants, as well as upward-only rent review provisions, which help to maintain the investment value of the property for a commercial landlord.

Furthermore, a landlord selling its reversionary interest will be able to provide clarity to a buyer as to occupational interests in the property.

What is a licence?

A licence, on the other hand, is simply a personal right or permission given to a person or entity to do something on the landowner’s property.

It may be expressly granted or implied and might be used to allow use of sports pitches on certain evenings of the week, to set out bistro tables outside a café or to allow a licensee to cross a field for a defined purpose.

A licence is not always documented by contract and a bare licence is formed when informal permission is granted from a landowner to a licensee, even if no consideration or payment is received.

Since a licence is a permission, not a proprietary right, it does not grant exclusive possession and cannot be assigned to another.

It does not afford the licensee security of tenure and is usually easily terminated on notice – provided that a lease has not inadvertently been granted.

A licence can be appealing when considering short-term occupation, for example, over Christmas where festive stores are seeking temporary trading spaces. It can also allow either party to terminate on relatively short notice.

Commercial landlords may use licence arrangements to allow early occupation to a tenant ahead of a lease being granted, perhaps because the tenant is fitting out the premises before it formally takes occupation under its lease.

It is important to document this carefully to ensure that a relationship of landlord and tenant does not arise.

Why does the difference matter?

Wrongly classifying a licence as a lease is one of the most common and costly mistakes made by commercial property owners.

If a document is labelled a licence, but the terms actually grant exclusive possession of the property, for a fixed term and with a rent reserved, then the licence may instead be a lease.

If a licence is, in substance, a lease, an occupier may gain:

• rights to remain in the property
• statutory protections
• an ability to challenge notices or termination
• a strong negotiating position in any dispute
• rights to assign or underlet.

As a commercial property owner it is, therefore, imperative to make sure any arrangements you put in place for any occupier protect your interests.

How can property owners protect themselves?

To avoid any future confusion or disputes, commercial property owners should ensure their agreement reflects the intended arrangement and clearly states any rules around possession and access.

Our specialist Commercial Property team can help you structure your occupation agreements correctly and ensure statutory protections are properly excluded where necessary.

We can help to protect your interest in your property and identify any risks before they lead to disputes.

If you are already concerned about an existing occupation arrangement, we can provide expert advice on your next steps.

If you need help drafting or reviewing your lease or licence, reach out to our team for guidance.

As we enter 2026, the new calendar year can be a refresh for many companies’ holiday days and can bring potential annual leave disputes.

Clear information around holiday days and pay should be stated in employee contracts and is often also contained in staff handbooks, but when it comes to more complex matters, it can be hard to know how to resolve them.

Our Associate Solicitor, Kristie Willis, explains how early preparation and understanding your obligations can help protect your business.

What are employers’ obligations for holiday pay and time off?

On 1 January 2024, the Government introduced several changes to the Working Time Regulations.

Every worker is entitled to 5.6 weeks of paid annual leave and additional contractual holiday entitlement can be promised in individual contracts.

Of the 5.6 weeks, four weeks must be paid at the worker’s normal rate (including for example, commission and regular overtime) and the remaining 1.6 at the basic remuneration. Many employers chose, however, to pay the remaining 1.6 weeks at the same rate.

For irregular or part-year workers, the reforms allow paid statutory holiday calculated to the hours they worked using the 12.07% accrual method.

When dealing with holiday pay, employers should have clear terms and policies in place to help reduce the risk of disputes.

They should clearly state if rolled-up holiday pay is used and this payment should be marked on payslips as an addition to a worker’s salary, so it is easily identifiable.

Company policies and employers should state if they have a use-it-or-lose-it policy in place for holiday days and offer regular reminders to employees of the deadline.

Some of the most common issues employers face around time off include:

• Conflicting annual leave requests
• Incorrect holiday pay, including overtime and commission
• Discrimination risks for other religious festivals such as Ramadan
• Poor record keeping of leave and holiday pay calculations

With holiday days potentially starting again, employers must remain compliant and make sure no errors are made.

These mistakes can quickly escalate into disputes or even Employment Tribunal claims, so employers need to act fast and seek legal advice early on.

How can employers protect themselves from disputes?

Reducing holiday pay disputes can be as simple as updating contracts and policies on holiday pay calculations, bank holidays, overtime and how leave requests are prioritised during peak seasons.

Employers should communicate with employees on how to put in their leave requests in advance and inform them if their holiday request has not been accepted.

Setting a clear cut-off date and creating a first-come, first-served or rotational holiday process can help manage fairness during busy holiday periods.

Documentation is also important to avoid disputes by maintaining accurate timesheets, overtime records, leave requests and payslips showing holiday pay.

It is important to comply with the current laws and policies on employee pay and to be proactive in any corrections to reduce the risks of a series of deduction claims.

If you are unsure of how to create a legally compliant contract, how holiday pay should be calculated or how to handle discrimination allegations around the holidays, seeking legal advice is crucial.

Why does the right support matter?

Holiday pay disputes can be time-sensitive and costly if not handled correctly, particularly if numerous employees are involved in the dispute.

Our expert team can review and update your contracts or policies to ensure your pay practices are compliant and minimise the risk of tribunal claims.

With the right preparation and legal advice, you can enjoy a productive and less stressful new year.

For tailored support on your holiday pay process or managing a dispute, contact our employment law team today.