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Are you legally required to use a solicitor or conveyancer when buying a house?

Palmers Solicitors Business News 26 July 2024

When purchasing a property, cash buyers are not legally required to use a solicitor or conveyancer, however, it is highly advisable to do so.

Whereas, if you are obtaining a mortgage, lenders will require the instruction of a solicitor or conveyancer to ensure all legal aspects of the property transaction are handled accordingly.

Given that buying a home is likely to be one of the largest financial transactions you will make, the complexities and high stakes involved make seeking professional legal advice a wise decision.

While it may be tempting to handle the process on your own to save on fees, the intricacies of property transactions can be daunting and risky if not managed correctly.

Here are a handful of benefits of employing a solicitor or conveyancer when buying a property.

Understanding legal jargon and documents

The process of buying a house involves a multitude of legal documents and terms that can be difficult to understand without proper legal training.

Solicitors and conveyancers specialise in property law and are adept at interpreting and managing these documents.

Their expertise ensures that you fully understand your rights and obligations under the contract, preventing potential legal issues in the future.

Conducting thorough searches

One of the crucial roles of a solicitor or conveyancer is to conduct property searches. These searches can include local authority checks, environmental searches and title checks, which reveal important details about the property.

This information is vital for making an informed decision and ensuring that there are no hidden surprises that could affect your ownership rights or the value of the property.

Providing legal protection

Using a solicitor or conveyancer provides you with a layer of legal protection.

They are duty-bound to act in your best interests, offering impartial advice that is crucial throughout the buying process.

Should any legal disputes arise during or after the purchase, having a solicitor ensures that you have professional assistance to handle these issues effectively.

Handling complex transactions

Property transactions can become particularly complex if there are any unusual circumstances or problems.

Examples include leasehold properties, properties with unclear boundaries, or auction properties.

In such cases, a solicitor’s or conveyancer’s ability to navigate these complexities becomes indispensable. They ensure that all legal requirements are met and that the transaction proceeds smoothly.

Managing funds

The handling of large sums of money is a critical part of purchasing a home. Solicitors and conveyancers are responsible for managing this aspect securely.

They oversee the transfer of funds between the buyer and the seller, ensuring that the financial transactions are carried out correctly and on time.

This includes deposit handling, Stamp Duty Land Tax payments and liaising with mortgage lenders.

Expertise and support

The expertise of a solicitor or conveyancer extends beyond simple transaction handling. It is also about providing guidance and answering any questions you may have throughout the buying process.

Our friendly team has the knowledge and experience required to handle various aspects of property law and conveyancing.

We understand that purchasing a home can be overwhelming, which is why we are committed to making the process as transparent and stress-free as possible.

You can feel confident in asking our team any questions, whether they relate to understanding complex legal terms, the details of property searches or the steps involved in your transaction.

We are here to provide clear, concise answers and to ensure that you are fully informed at every stage of the property purchase.

If you would like to hear more about our conveyancing services, please get in touch today.

Latest employment law policies: A full update

Press Release Press Releases 19 July 2024

By Lisa Judd and Kristie Willis, Employment Law, Palmers Solicitors

The King’s Speech to Parliament sets out much of what was included in the manifesto prior to the General Election. There, to date, there have been no shock announcements in the field of employment law.

The King announced “My Government is committed to making work pay and will legislate to introduce a new deal for working people to ban exploitative practices and enhance employment rights”

The drafting notes to the King’s Speech, however, provide some further information:

“This Government’s Plan to Make Work Pay will create a new partnership between business, trade unions and working people and is fundamental to our growth mission. The Employment Rights Bill, to be introduced within the first one hundred days, is a significant step towards delivering this ambition and represents the biggest upgrade to workers’ rights in a generation.
In addition to this Bill, we will deliver a genuine living wage that accounts for the cost of living and we will remove the discriminatory age bands to ensure every adult worker benefits. These changes will improve the lives of working people across the country.
We will work in close partnership with trade unions and business to deliver our New Deal and invite their views on how best we can put our plans into practice.”

This reiterates the pledge prior to the election that new employment rights will be introduced within the first 100 days of the new parliament, however the proposal to consult with trade unions and business, suggests that some form of consultation will take place.

It is not clear whether the draft bill will be presented to the House of Commons within 100 days and the consultation will then take place or if there will be some form of short consultation prior to the draft bill being introduced to the House of Commons.

The key measures contained within the drafting notes include:

A ban on exploitative zero-hour contracts

The aim appears to be to ensure that workers have a contract that reflects the number of hours they regularly work and receive reasonable notice of any changes to their shifts with compensation for any shifts that are cancelled or shortened. It is unclear how this will work in practice for those that genuinely work on a casual basis e.g. students who pick up shifts during the holidays.

End Fire and Rehire

Replace the previous statutory code on fire and rehire – a practice where instead of consulting /negotiating changes to terms and conditions, employers give notice to end the existing contract offering employment from the following day on new terms. It is not clear what the proposals will be for the new replacement statutory code (assuming there is one).

Day 1 rights for all workers

There is provision to make the right not to be unfairly dismissed a day 1 right (no qualifying period of employment required) subject to probationary periods to assess new hires (please see our previous article for more information of this). Parental leave and sick pay will also be day 1 rights. Flexible working will become the default with employers required to accommodate this, as far as is reasonable, from day 1 of employment.

Statutory Sick Pay

The proposal is to remove the lower earnings limit and waiting period to make this available to all workers from the first day of sickness, making it fairer to lower paid and part time employees.

Protection for New Mothers

Make it unlawful to dismiss a new mother for six months after her return to work except in specific circumstances.

Fair Work Agency

Introducing new enforcement body to strengthen enforcement of workplace rights. It is not clear exactly what the powers of this body will be.

Fair Pay Agreements

Establishing a new fair pay agreement in the adult social care sector. This will likely be an agreement in respect of pay and terms and conditions that apply sector wide. Initially this will apply to the adult social care sector but it is thought that this may well extend to other sectors. It seems reinstatement of the School Support Staff Negotiating Body will also be similar to the new fair pay agreement proposed. Again this seems to be a trial before it is considered whether to extend this to other sectors.

Updating Trade Union Legislation

It is envisaged that this will strengthen trade unions and will include removing the previous rules on minimum service levels during industrial action (e.g. for NHS workers). This is likely to include introducing a right to ensure workers have a reasonable right to access a union within workplaces.

Further information regarding these proposed changes is expected to become available shortly as the bill is expected to be laid before the House of Commons within the next 100 days. At present, it is a case of watch this space!

In the meantime, please contact us for tailored advice on all areas of employment law.

What does a Labour victory mean for unfair dismissal laws?

Press Release Press Releases 11 July 202426 July 2024

By Kristie Willis, Employment Law Solicitor, Palmers Solicitors

In accordance with the forecasts, Labour succeeded in obtaining a landslide victory at the general election on 4 July.

In a bid to deliver on major manifesto pledges, this is likely to result in some significant changes to employment law, particularly within the party’s first 100 days – most notably a day-one right to protection from unfair dismissal.

The issue of unfair dismissal

Currently, most employees have to wait two years before they have the right not to be unfairly dismissed (unless they are dismissed for an automatically unfair reason).

Labour is proposing that this right will apply to employees from day one of employment.

This will not prevent dismissals for the reasons of conduct, capability or redundancy, which are the main fair reasons for dismissal currently – there is no reference to dismissal for some other substantial reason, although this is not often relied on.

The party is yet to say whether the processes for these dismissals will remain the same. This unfair dismissal extension will be subject to the employee’s probationary period.

Labour has yet to release any information on how dismissal during probationary periods will operate and whether any dismissals will need to be for reasons of conduct, capability and redundancy.

It is also not clear whether an employee could be dismissed at any point in the probationary period or only at the end of that period, in addition to whether there will be any limits on probationary periods in terms of extensions.

If there is no restriction on probationary periods, it seems likely that employers will seek to impose longer probationary periods to allow flexibility and more opportunity to assess new employees. It therefore appears that the duration of probationary periods will likely need to be limited, for example by a maximum period.

A growing number of claims

The extension of unfair dismissal rights is likely to result in an increase in claims and it may be that employers are more cautious of hiring new employees if there are additional costs or management time required to manage the probationary period.

It is unlikely that dismissal for any reason during the probationary period would be permitted as this would severely restrict the access to unfair dismissal protection from day one and would simply impose a new minimum service requirement (that of the probationary period).

If dismissal would be permitted only for failing the probationary period and this is the only way to dismiss someone outside of the standard fair reasons for dismissal (conduct, capability and redundancy), it seems likely that some form of process would be required, although this could be less onerous than a full capability procedure.

Employers may wish to make their recruitment processes more rigorous to ensure that the correct employee is recruited to the role and may be less willing to take a chance on someone.

Planning ahead

Labour has said it will consult on the proposals for these measures – and it will likely need to complete these quickly in order to comply with its set timeline.

It is expected that a lot more information will be released over the coming weeks and months. Once this information is released, it will be important for employers to update their contracts of employment to ensure that they can rely on their probationary periods and their policies to fairly dismiss employees during or at the end of the probationary period if necessary.

Over the coming years, there will likely be a significant increase in employment tribunal claims as employees’ rights are extended and employers are placed under increasing restrictions on when they can dismiss. Labour has also suggested it will remove the cap on compensation for unfair dismissal and this may well increase the value of successful claims.

Ultimately, the next few years will involve substantial changes to the rights of employees and workers – and not just for reasons of unfair dismissal.

We’re likely to see the abolition of fire and rehire, except in circumstances where there is no ‘genuine alternative’, as well as a boost and further extension to the National Minimum Wage.

Labour has further pledged to remove the different tier status of employees and workers so that everyone (except the genuinely self-employed) falls under the status of worker.

There is a pledge to “consult in detail” on this and therefore it is likely this will not be one of the changes implemented within 100 days of taking office but a significant change to prepare for in the future.

For tailored advice on upcoming changes to employment law and how they may impact you, please contact our expert team today.

Palmers Solicitors takes to the track for Havens Hospice charity

Press Release Press Releases 28 June 20243 December 2025

Palmers Solicitors Race4Business for Havens Hospice

An intrepid quintet from Essex law firm, Palmers Solicitors, are taking on the Race4Business five-kilometre run at Chelmsford Central Park on 3 July 2024, raising vital funds for Havens Hospice.

Aimed at the region’s tight-knit business community, the race will see professionals of all ages and fitness levels come together to raise money for the charity, which provides much-needed care and support for those living with an incurable condition in Essex and the surrounding area.

Working with adults and children, the hospice requires around £124,000 per week to reach all those who need its services – which include community care, wellbeing support and help for parents and family members.

Representing Palmers Solicitors is a team of five incredible runners – Director, Lee McClellan, Solicitor, Lorna Boorman, Head of Family Law, Karen Bishop, and members of our wonderful support team including Abbie Kasparis.

Commenting on the challenge ahead, Lee said: “We’re incredibly proud to be taking part in Race4Business. It’s always a great event, bringing the community together and supporting a wonderful service.

“The team has been great at pitching in. We’ve got people from across the firm taking part and more supporting us. We’re all excited to get racing and raise what funds we can.

“While we’re busy training, we would appreciate any support that people can offer. Havens Hospice does incredible work and needs ongoing support to keep working with families and individuals across Essex who need them most.”

To support the team from Palmers Solicitors as they Race4Business, please follow this link.

What do the pay gap and equal pay mean in practice?

Palmers Solicitors Business News 27 June 202427 June 2024

Then you need to consider the reasons for the pay difference as the employer may have a defence if it can show a Material Factor Defence, which is not itself either directly or indirectly discriminatory.

Employers have succeeded in defending equal pay claims where pay differences were shown to be due to: –

Past experience/performance;
Seniority/length of service;
Differences in the work;
Geographical reasons;
Mistake;
Employees being at different points on the employer’s pay scale;
Market forces;
Pay protection (following a TUPE transfer or a past JES); or
Historical reasons

However, in some cases they will have had to justify that their pay practices were a proportionate means of achieving a legitimate aim (objective Justification)

If having done this you think you aren’t receiving equal pay, then you need to know what to do next.

The process for raising an equal pay dispute is generally as follows:

Informal discussions – You should first discuss with your employer if you think you aren’t receiving equal pay;
Raising a grievance – If discussions fail or the issue is serious, you can follow your employer’s formal complaints procedure, where you can find this should be laid out in your employment contract/employment particulars. Typically, they will be in any staff handbook or on your employer’s intranet or a copy can be obtained from Human Resources.
Next you can try Early Conciliation via ACAS which is commenced by submitting an ACAS Early Conciliation Notification. ACAS will then liaise with you and your employer to try to assist the parties in settling their dispute over a period of up to 6 weeks.
If that does not resolve things you could Bring an Equal Pay Claim in the Employment Tribunal, or sometimes in the Civil Courts.

Equal Pay Claims can relate to sex-based differences in contractual terms during the term of the contract/employment e.g.:-

Basic pay.
Automatic pay progression.
Paid holiday entitlement.
Sick pay.
Hours of work.
Performance-related pay and benefits, overtime rates and allowances.
Non-discretionary bonuses.
Contractual benefits in kind such as company cars.
Pension benefits and access to pension schemes.

You might also have a Sex Discrimination Claim relating to any non-contractual matters arising before, during or after the employment, e.g.: –

Recruitment arrangements.
Offers of employment.
The terms of a job offer.
Promotion, transfer and training.
Discretionary pay rises.
Discretionary bonuses.
Other benefits.
Dismissal and other detriment.

It is a simplification, but generally, Equal Pay Claims need to be brought within 6 months of when the employment ends in the Employment Tribunal (But beware of promotions/new contracts etc. which can cause an earlier limitation date)

OR within 6 years in the Civil Courts – IF they will hear the claim and, noting that it is more likely in the Courts that the losing party may have to pay a portion of the winning party’s legal fees, whereas in the Employment Tribunal typically each party bears their own costs.

Sex Discrimination Claims need to be brought within 3 months of the act complained of (or sometimes from the end of a continuing act) and when employment-related, can only be brought in the Employment Tribunal.

Note: – the limitation clock will still be running whilst any internal grievance may still be unresolved.

It is necessary to get an ACAS Early Conciliation Certificate Number (2 digits longer than the Notification Number) before filing most Employment Tribunal Claims – it has to be accurately recorded on the Tribunal Claim Form (ET1).

Doing ACAS Early Conciliation will usually briefly pause the limitation clock (extending the above Tribunal time limits). Usually, you will have at least a calendar month from the Certificate Date to file a Tribunal Claim.

These types of claims are quite complex and technical and pretty fact-specific, so the importance of taking early legal advice cannot be underestimated.

Please contact our team to discuss your needs and circumstances further.

Identifying undue influence over Will writing

Palmers Solicitors Business News 27 June 2024

Writing a Will is an important milestone and must be done under certain conditions in order for the Will to be valid and legal.

These conditions include restrictions on age and require witnesses, but they also dictate that the person who has produced the Will – the testator – is of sound mind that has not been unduly influenced by another party.

If someone’s influence over the testator is found to have been intimidating, coercive or based on false information, then the Will could be invalid.

What follows is a scenario of a concerned family member and the legal steps they could take to resolve the situation.

Julie*’s story

Julie often helps her elderly mother with personal administration tasks. During one of these sessions, her mother happens to mention to Julie that she has recently had a new Will made with the help of her new friend, Rose.

She mentions that, as a thank you for supporting her through a difficult period (which Julie did not know about), she has left a significant amount of money to Rose in her new Will.

Rose didn’t think that Julie’s mother should tell her daughter, but her mother persisted.

Julie was confused because this action goes against her mother’s long-held wish for her entire estate to be split between Julie and her brother.

Upon further investigation, Julie finds that Rose has not known her mother long, but Rose was perfectly happy to accept the gift.

A legal lens

This may seem, on the face of it, like a perfectly normal situation that is unfortunate for Julie and her brother since it reduces their portions of their mother’s estate.

However, looking at some key warning signs, we can see that this situation might be far more insidious than it first appears. Julie might rightly be concerned about:

Her mother’s age – Although still possessing capacity, Julie’s mother is at an advanced age which may make her more vulnerable to undue influence.
Sudden changes – The Will was changed suddenly with little time for consideration or discussion with the affected parties.
Isolation – Julie was unaware of her mother’s difficult period, but Rose knew about it, suggesting that her mother felt isolated from her otherwise close family.
Secrecy – Rose didn’t want Julie or her family to know about the changes in the Will.
Previous intentions – Julie’s mother had always intended to leave her estate to her two children, so it seems strange to change her mind in later life.
Rose’s involvement – Rose does not have a long-established relationship with Julie’s mother and helped her to change her Will.
Proportionality – While generous, Julie can see that her mother’s actions are not proportionate to the support Rose provided and far more complex than simply giving her a gift.

What should Julie do?

In order to protect her mother from undue influence, Julie may consider raising her concerns with her mother. She cannot yet challenge the Will since her mother is still alive.

However, undue influence can be difficult to navigate and prove, so Julie should certainly contact her solicitor to discuss next steps and how she can best protect her mother.

Please contact our Wills, Trusts and Probate team today for further advice on Wills and undue influence.