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What should you do if you have experienced racial discrimination in the workplace?

Palmers Solicitors Business News 19 January 202611 February 2026

Experiencing racial discrimination at work can be deeply upsetting and damaging to your wellbeing and career.

It is important to know that racist behaviour in the workplace is unlawful, regardless of whether it comes from an employer or a colleague.

You have the right to work in an environment that is safe and respectful. We can help you understand your rights and how to address a situation when you have faced discrimination.

Our Associate Solicitor, Kristie Willis, explains what the right steps are when you have experienced racial discrimination.

What is racial discrimination in the workplace?

Under the Equality Act 2010, race is a protected characteristic and it is illegal to discriminate against someone due to their race, colour, nationality and ethnic or national origins.

Racial discrimination is not always direct and can be indirect, where workplace policies and practices disadvantage certain racial groups.

Other forms can include racial harassment, such as offensive comments or behaviour and victimisation, where you are treated unfairly because you raised concerns about discrimination.

Examples of racist behaviour include:

Being called racist names
Being subject to racist ‘jokes’ or ‘banter’
Receiving offensive messages on social media
Being denied opportunities and benefits
Not receiving the same level of support as colleagues
Discrimination at any stage of employment
Bullying on the basis of race

Even behaviour passed off as humour can be unlawful if it creates an intimidating or hostile work environment.

If you notice behaviour that feels unfair or discriminatory, it is important to take it seriously.

Keeping a written record of what happened, when it happened and who was involved can be extremely helpful if you later need to raise a complaint or seek legal advice.

What steps should you take if you have experienced discrimination?

In some situations, raising your concern with your manager or HR department can help resolve the issue.

Most employers have policies and procedures in place to deal with discrimination and harassment.

These often include a formal grievance process or confidential reporting channels, although many employees prefer to raise concerns informally initially.

It is important to follow these procedures carefully and keep copies of any correspondence or documents you submit.

Employers are expected to take a zero-tolerance approach to racial discrimination and investigate any complaints promptly and fairly.

If internal procedures fail to address the discrimination, you may wish to explore mediation or seek legal advice.

Mediation can sometimes help both sides reach an agreement with the support of a neutral third party.

For more serious cases, you may consider an Employment Tribunal claim, but these time limits are very strict.

You can claim within three months from when the discriminatory act occurred, although you must undertake ACAS Early Conciliation which will extend the time frame to pursue a claim. Seeking early support is crucial due to the short deadlines.

How can we help?

No one should have to tolerate racial discrimination at work and acting early and keeping clear records can help you take control of the situation.

Informal resolution may be appropriate in some cases, but we can help provide you with clarity and protection if the matter needs to be taken further.

We can advise you on your case and guide you through the grievance procedures, negotiations or tribunal claims.

We can also communicate with your employer on your behalf to help take some of the legal weight off your shoulders.

To learn more about how to protect your rights when experiencing discrimination, contact our Employment Law team today.

What should I do if my ex has broken our Child Arrangements Order?

Palmers Solicitors Press Releases 19 January 2026

When you and your ex-partner are going through a divorce, coming to an agreement on child arrangements is not always straightforward.

If you are unable find a solution through Alternative Dispute Resolution (ADR), a Child Arrangements Order (CAO) may be required.

A Child Arrangements Order (CAO) is a legal Order put in place by the Family Court that determines where your child should live and how much time to spend with each parent.

If your ex-partner breaches this Order, you must understand what steps you can take to protect your child’s welfare and your parental rights.

Our Head of the Family Department, Karen Bishop, explains what you should do if a breach occurs.

What is a CAO?

A CAO sets out how parental contact will take place and this contact can be face-to-face, overnight, supervised or indirect, such as phone or video calls.

Every CAO is based on the child’s individual circumstances and what the Court believes is in their best interests.

The contact agreement usually remains in force until the child turns 16 years old and the child’s living situation usually remains until they are 18 years old.

What counts as a breach of an agreement?

A breach occurs when one parent fails to comply with the obligations of the Order without a reasonable excuse.

Common examples include:

Preventing the other parent from seeing the child during court-ordered contact
Repeatedly cancelling or shortening contact
Moving the child without consent or court permission
Refusing to follow other specific terms of the Order

While minor or one-off issues may not result in court action, breaches that are repeated or deliberate are taken seriously.

It is important to keep a clear record of all breaches, including dates, times and any supporting messages or evidence, in case the situation needs to be taken further.

What happens if the Order is breached?

If your ex breaches a CAO, nothing will automatically happen straight away, as the Court does not actively monitor compliance once an Order has been made.

Action is only taken if you raise the issue and this is usually done by making an application to the Family Court for enforcement of the Order.

Once an enforcement application is made, the Court will look at whether the Order has been breached and if your ex had reasonable excuse for not complying.

If the breaches are deliberate or repeated, they will be treated much more seriously, especially when they affect the child’s welfare or your relationship with them.

If the Court believes the breach has occurred without reasonable excuse, they may order your ex to allow make-up contact time to compensate for the time missed with your child.

The Court can impose financial consequences or change the existing CAO if it is no longer working in the child’s best interests.

They may even impose fines or a prison sentence for contempt of court, but this is rare and only used when enforcement options have failed.

What are the first steps to take if there is a breach?

If it is safe to do so, you should try to resolve the issues directly with your ex, as misunderstandings can sometimes be resolved without court action.

Mediation may also help and is usually expected before making a court application, but you should seek legal advice when a breach has occurred.

We can help you gather evidence and advise on how to enforce your application so that you can protect your child early on.

To learn more about a Child Arrangement Order and how to enforce it, contact our Family Law team today.

Essex employment solicitor advises on work and pay during adverse weather conditions

Press Release Blog, Employment Law, Press Releases 9 January 202611 February 2026

With the first snowfall of 2026 affecting large parts of England this week and more expected to come, Kristie Willis, Employment Solicitor at Palmers Solicitors, is reminding employers and staff of their rights and responsibilities.

“Employers have a duty of care to protect their staff,” Kristie said. “That does not stop when the weather takes a turn for the worse. If the authorities advise against travel, employers should not expect employees to risk their safety just to get into work.”

She emphasises the importance of creating contingency plans for scenarios where the weather disrupts business operations.

“A clearly drafted adverse weather or travel disruption policy makes a huge difference as it sets out expectations for everyone.

“For example, can staff work from home? Could start times be flexible? Sharing the policy in advance allows employees to ask for clarification on anything they are unsure of to avoid confusion.”

Kristie also addressed the question of closing workplaces as a safety measure.

“If it is unsafe to open, employers should consider closing the business. Staff are usually entitled to pay if the workplace closes, because they are ready and willing to work.

“That changes only if the contract specifically allows for lay-offs or short-time working.”

For employees unable to attend work while the workplace remains open, how they are treated can vary depending on the employer.

“ACAS suggests pay is not required if someone cannot get to work due to snow or ice because they are not fulfilling their contract of employment.

“However, I would like to state that there is no conclusive case law supporting this sentiment.

“When deciding whether to pay employees who don’t show up to work due to weather conditions, employers should consider what stance they have taken in the past.

“If staff have been paid for bad weather before, suddenly withholding pay could cause disputes. Ideally, the employee’s contract and the employer’s policy will make the situation clear.”

Kristie also stressed fairness for those with caring responsibilities, for instance, where they have children.

“If schools close, employees have a right to take reasonable time off to care for their children, though this is usually unpaid.

“Employers should be cautious of paying employees who cannot travel to work but not paying employees who cannot attend work due to caring for dependents to avoid discrimination claims arising as a result.

“Providing options like annual leave, making up the time or working from an alternative location helps avoid complaints.”

Palmers Solicitors can provide guidance to employers on drafting or reviewing adverse weather policies to help keep business operations running smoothly.

For more information, please contact Kristie Willis.

Have you had a slip or fall at work? Know your rights after a workplace injury

Palmers Solicitors Business News 16 December 202511 February 2026

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.

How to bring a claim against the Personal Representative of an estate

Palmers Solicitors Business News 16 December 202511 February 2026

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.

Will my ex get half of my business? How to protect your limited company in a divorce

Palmers Solicitors Business News 16 December 202511 February 2026

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.