We at Manak Solicitors have a specialised legal team working with a number of Landlords across the South East.With the introduction of the new stamp duty rates which came into force on 8th July 2020; now may be the perfect time to look at your portfolio in order to carry out tax efficient planning for the future.From April 2020, Landlords with portfolios in their personal names rather than a limited company will only be able to claim a tax credit of 20% of mortgage interest payments. Contrasting this to tax year 2017-18 this figure was 75% mortgage relief.Therefore, it is evident from April 2020 many Landlords have been adversely effected financially.It can be more advantageous from a tax efficient standpoint for Landlords to hold their portfolio in a dedicated limited company although, many landlords have been hesitant to transfer their properties to a limited company due to the Stamp Duty implications. In view of the new rules; any properties valued under £500,000.00 will only be liable for 3% stamp duty rather than the higher rates before July 2020 providing a much welcome relief to Landlords at such turbulent times.We recommend Landlords speak to their financial advisors before taking any decisions to transfer their portfolio but on the face of the new rules this does seem like a glimmer of hope. We invite you to contact our qualified team with regards to any property law questions you might have.
After the past few days, the leaks from the Treasury about the SDLT changes/holidays/exemptions have caused trepidation and effectively slammed the brakes on the recovery of the conveyancing market for residential transactions.The other concern was that the rumoured “delay in the implementation” of any such changes until Autumn would have frozen the market completely.We are glad that today, the Chancellor has now clarified those issues and implemented the changes “effective immediately” in order to keep the wheels of the market turning.We will be reviewing in detail the scale of the proposed changes but are hopeful it will encourage potential Buyers and that we see a thawing of the market which has been slow to recover following the Covid19 Lockdown.The noted 31 Mach 2020 timeframe will undoubtedly cause a “rush” and this brings back memories of the SDLT changes to the Buy to Let market which were brough in at the same time in April 2016. Many of our clients will recall that we worked tirelessly with them to get deals through and were successful in 100% of all matters.Manak Solicitors therefore have proven experience in working to such deadlines and we are proud that we have highly qualified staff, state of the art technology and solid infrastructure to cope with such demands -even during times of pandemic and unforeseen circumstances.Furthermore, as our Conveyancing Teams are all working in the office, this once again makes transactions far easier to deal with from a client’s perspective – as will be noted from recent feedback.Jas JanduDirector of Conveyancing
UK confirms new path to British citizenship for millions of Hong Kong ResidentsThe UK government has confirmed it will offer new residence rights to 2.9 million Hong Kong residents with British National Overseas (BN (O) status, following China’s imposition of a national security law. Under the new route, those who hold BN(O) status and their dependents will have access to limited leave to remain in the UK on a 5-year work or study visa, removing the current six-month time limit. After five years, individuals will be able to apply for settled status and, after a further 12 months, apply for British citizenship. Foreign Secretary, Dominic Raab, has confirmed that there will be a simple application with no limit on numbers or quotas. Further, he commented that there will be no minimum salary threshold to obtain the visa.The government will announce further details of the eligibility criteria, conditions of leave and application fees in due course.Visit our service page to find out more about immigration law and do not hesitate to contact us with any legal questions you might have.
During the coronavirus pandemic you still have to follow the correct redundancy procedures as employees have the same redundancy rights, including redundancy pay.We advise our clients to start with a plan that will help them to manage the process. The plan should include avoiding redundancies, consulting staff, selecting for redundancy, giving staff notice of pending redundancies, working out redundancy pay and how to support staff and plan for the future.Avoid job losses: You can avoid job losses by offering voluntary redundancy or retrain employees to do other jobs in your business. You could also ask employees to agree to work less hours (‘short time working’) or temporarily stop working (‘temporary lay off’) if it is included in their contract of employment. If not, you can ask to update their contract. They do not have to agree. Consult: During the coronavirus you must still consult your employees but you can do so remotely. There is no legal requirement for it to be face to face. However, you are required to sit down individually with each employee who may be affected by the redundancy and explain your planned changes, obtaining their feedback and input. You must consult any employees who are on maternity leave.During the consultation period you must let employees know in writing why you need to make redundancies, the number of employees and which jobs are at risk, how you will select employees for redundancy, how you plan to carry out the redundancies, including timeframes, how you will calculate redundancy pay, if you’re using agency workers, how many, where they’re working and the type of work they’re doing.You must discuss with employees ways to avoid or reduce the redundancies. You must consider and respond to any suggestions made by employees. You can reject any ideas you do not think are reasonable but you should explain why. It’s important to document all discussions and the reasons for your decisions. There are no rules for how long the consultation should last. You do not need to reach agreement for the consultation to come to an end. You simply need to show that the consultation was genuine and that you aimed to reach agreement. You must be able to show that you’ve listened to your employees and that you responded to questions and suggestions.Selection – You must select employees for redundancy in a fair way and not discriminate against any individuals or groups. You should base the selection criteria on:standard of workskills, qualifications or experienceattendance record which must be accurate and not include absences relating to disability, pregnancy or maternitydisciplinary recordDuring the coronavirus pandemic you must not select employees for redundancy just because they’re shielding. This could be viewed as disability discrimination.You should set up an appeals process for employees who feel they have been unfairly selected. This can reduce the chances of someone making a claim against you to an employment tribunal.Notice: You can only give an employee notice of redundancy once you’ve finished consulting. You should also let them know in writing. You should include in the letter:their notice periodleaving datehow much redundancy pay they’re duehow you calculated the redundancy payany other pay you owe them (for example holiday pay)when and how you’ll pay themhow they can appealYou must give employees at least the statutory notice period. This is based on how long they’ve worked for you. You should also check your employment contracts.Redundancy pay: How much redundancy pay each employee receives depends on their age and how long they’ve worked for you. It’s capped at 20 years – working backwards from the date you made them redundant. You must pay:1.5 weeks pay for each year of work after their 41st birthday1 week pay for each year of work after their 22nd birthdayhalf a week for each year of work before their 22nd birthdayThe limit for weekly pay is £538. The maximum total amount of statutory redundancy pay is £16,140.You should check your employment contracts as you might need to pay more than the statutory amount. You should pay redundancy no later than an employee’s final pay day. NOTICE: The above guide is when you are planning to make less than 20 employees at the same workplace redundant. If you’re planning to make 20 or more employees at the same workplace redundant within 90 days (large-scale or ‘collective’ redundancies), there are set rules for collective redundancies which you must follow.Find out more about employment law and contact our qualified team of solicitors with any legal questions you might have.Source referenced www.acas.org.uk/redundancy:
Mali has specialised in employment law over a 20 year period and has worked for many years in Central London based solicitor firms.Mali was called to the Bar in 1999 and became a solicitor in 2008.Mali came to the legal profession from a marketing and commercial background where she acquired excellent communication skills and the ability to relate to people from all walks of life.This commercial experience allows Mali to deal easily with both Employee and Employer clients and Mali also provides good insight into office politics on both sides of the table (i.e. from the Employer and Employee perspective).Mali has a wealth of experience in advising various sized companies, general Employers and Employees (both individual and groups of employees) on all aspects of contentious and non-contentious employment law issues, including but not limited to:· Complex service agreements/contracts;· Employment policies; · Employment tribunal claims – complex unfair dismissal, discrimination, maternity, TUPE and whistleblowing claims · Redundancy and restructuring advice, outsourcing and TUPE· Performance management, disciplinary and grievances issues· Difficult terminations- settlement agreements · General day to day support including ill health issues, crisis managementMali also advised and represented employees and senior executives in respect of:· Service agreements/contracts· Negotiation of termination packages· Employment tribunal claims – unfair dismissal, discrimination, maternity, whistleblowing, TUPE · Disciplinary issues, performance management and grievances· Post termination restrictions/confidentiality breaches including High Court actions and injunctionsExperience Highlights· Advised a construction business in respect of a restructure and redundancies which included a removal of a team from a particular site. The restructure process was successfully completed and the right people were removed saving the company time and money;· Advised employees on disability discrimination and assisted them in securing a large sum in compensation.· Advised a coffee business on whistle blowing claim and reached an amicable agreement saving the company time and money;· Advised schools and care homes on performance, grievances and disciplinary procedures and provided them with up-to-date Employees Handbook and Policies;· Advised senior executives on restrictive covenants enabling them to accept their new job offer.
Changes to the Tier 2 Visa Sponsorship LicenceProposed Immigration Bill ChangesThe question of whether, or not, there will be an extension to the Brexit transitional period looms in the air but generally it is accepted by all experts that 31st December 2020 will be the Brexit Day!Whether or not there is an extension, employers need to proceed on the basis that free movement of EU nationals will come to an end and the new UK visa rules will come into effect on 1st January 2021.Who is AffectedThe controversial proposed new Immigration Bill will effect small, medium and large businesses regardless of size. There will be changes to the intra-company transfer rules which will effect multinational businesses.Be PreparedTo ensure that you are prepared for the inevitable changes, if you are employing or you plan to employ EU Citizens as workers it is imperative that you apply for a Sponsorship Licence immediately.What to DoThis may be the first time that some UK employers are facing this area of Immigration Law.We at Manak Solicitors have many years’ experience of dealing with such matters and we are here and able to assist businesses of all sizes.Please call 01474 324529 to book a free initial consultation.
I am pleased to announce that Manak Solicitors have offered me the chance to become a Trainee Solicitor, commencing in 2021. I won’t lie and say this was an easy journey, and anyone who is starting out on the path to attempting to become a Solicitor will not find it easy either. However, the feeling you get when you are told that you have been offered a Training Contract is a great feeling. You may not be offered the chance the first time, or even the tenth time, but you should not give up.It was my dream as a child to help people through a career in law and now I am one step away from being able to say that I have achieved my dream. This is a fantastic profession which offers you the opportunity to genuinely help people in life and so if you are considering going into law, I would recommend that you don’t let the chance pass you by because the feeling you get knowing you are one step away is a fantastic one. Many thanks to Manak Solicitors and in particular Surinder Singh Manak for showing faith in me when others may not have.Lee BaldwinWills & Probate Paralegal
Manak Solicitors are very excited to support Philippa Hughes as she runs 20 marathons in 2020! We have donated £400 to her very worthy cause as she raises money for The Lewy Body Society, which funds research and raises awareness on Lewy Body Dementia.Lewy Body Dementia affects about 130,000 people in the UK and shares mental symptoms with Alzheimers and physical symptoms similar to Parkinson’s disease. It causes confusion, loss of memory, slow movement and is often misdiagnosed. The Lewy Body Society was founded in 2006 to support research into DLB and to educate the public and medical profession. The Society now funds research at Cambridge, UCL, Newcastle and Southampton Universities.Dementia affects so many of us in the UK, and Philippa is running in memory of her grandad who passed away after battling Lewy Body Dementia. Manak are grateful to have the opportunity to support her in this effort and will be cheering Philippa on from start to finish! Below are the events that Philippa will be running and updates throughout the year:DateEventTime19th JanCrystal Palace Winter Half Marathon1.55.532nd FebEgham and Thorpe Half Marathon1:51:3816th FebHeadcorn Half Marathon 15th MarchPathos Full Marathon 29th MarchHastings Half Marathon 5th AprilPodPlus Kent (Charing) Half Marathon 25th AprilLee Valley Velopark Half Marathon 9th MayEastbourne Half Marathon 30th MayBrighton Run2Music Half Marathon 14th JuneWeald Challenge Trail Half Marathon 28th JuneRichmond Park Half Marathon 5th JulyBewl 15 Mile 26th JulyCrystal Palace Half Marathon 2nd AugustChislehurst Trail Half 31st AugustCanterbury Half Marathon 13th SeptRichmond Run Fest Half Marathon 26th SeptNorfolk Costal Trial Half Marathon 18th OctAmsterdam Full Marathon 8th NovBedgebury Half Marathon 6th DecLee Valley Velopark Half Marathon To support Philippa in her fundraising, please visit her JustGiving page! bit.ly/PhilippaHughesMarathonUpdate 2nd Feb:Philippa ran the Egham and Thorpe Half Marathon this weekend and ran it in an impressive 1:51:38! A great effort as she heads to Headcorn in a couple of weeks. Pictured below is her t shirt and medal from the event!
1. Introduction of New Points-Based SystemFrom 2021, the UK will be introducing a new Immigration Points-based system.The Migration Advisory Committee has recently been commissioned to consider how a new Points-based system could strengthen the UK labour market. The Report considered the role of the new system and the appropriate salary threshold to be introduced after the end of the Brexit transition period, being 2021.The Migration Advisory Committee have made recommendations for: –A Skilled Worker Route with a job offer;A Worker Route for entry without a job offer; andSettlementThe Committee concluded its Report by recommending retaining the existing Tier 2 (General) framework; modifying the Tier 1 (Exceptional Talent) Route; an immediate pause to the propose increase to the settlement threshold and a review of the requirements for settlement. Recommendations were also made for a change to relevant salary thresholds.2. Re-branding of the Tier 1 (Exceptional Talent) VisaThis visa category will be rebranded as the “Global Talent” route from 20 February 2020. The Home Office reports that “…this will include a new fast track scheme aimed at bringing the world’s best and brightest minds to the UK to work in top science and research projects…”3. Increase in UK Visa Appointment FeesThe Home Office has recently increased its biometric enrolment appointment fees without any prior notice to the public.The agency retained by the Home Office to manage the UK application process, Sopra Steria, was responsible for implementing the increase. A standard visa appointment fee has been increased from £60.00 to £69.99 whilst an outside of office and Saturday appointment now costs £135.00 instead of £125.00.Manak Solicitors are experts in UK Immigration Law. If you require any clarification, please do not hesitate to contact us.