What is mediation?
Mediation is a form of Alternative Dispute Resolution used to settle a dispute away from court. It can be used to settle many different disputes including those concerning arrangement for children following a separation and financial matters. It is entirely voluntary and requires both parties to engage in the process with an open mind. The parties would often provide each other with some preliminary information, in the case of a financial matter, this may be an exchange of financial disclosure, and then the role of the mediator is to facilitate discussions to help the parties reach a mutually acceptable settlement. Mediation can be tailored to fit the situation so if the parties are willing everybody can all sit in the same room to discuss matters or there may be shuttle mediation whereby the couples sit in separate rooms and the mediator moves between them relaying messages and opening up the discussion.
Mediation can be advantageous in many ways as it can be quicker and less expensive than court based resolution and it allows the couple to reach an agreement they both want rather than a decision being imposed on them by a court. However, they do require co-operation and openness from both parties. Couples can attend mediation without solicitors but solicitors can attend if both parties agree. It is also common to have solicitors representing clients in the background so that they understand their legal positon and consequences of the settlement they are negotiating.
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As long as you can demonstrate that you have exercised reasonable care in determining status you have discharged your obligations in that respect. However, if you are unable to demonstrate this, you may as the end user client be responsible for the contractor’s tax and NIC’s.
If you are using a privately owned electric scooter on private land, then a driving licence is not required. However, if you are using a rental electric scooter on the roads/cycle lanes, then a driving licence is required, and you must be over 16 years old to use one.
A rental e-scooter will be insured provided the rider has given the correct ID when hiring the scooter.
In most circumstances the answer will be no. It would be an infringement of their human rights. It could also be a criminal assault.
However where there is a high risk to employees of exposure to COVID-19, such as care homes and healthcare environments, you might be able to make it a requirement of their role to have the vaccine.
First, consider whether you need to have a blanket requirement covering all employees or whether only certain groups who work in the most high risk areas require the vaccine.
You will need to do a thorough risk assessment balancing the amount that the risk of exposure would be reduced against the interference with the employee’s human rights. Consideration will need to be given as to whether insisting on the vaccine is proportionate to the risk and whether other less invasive steps could be taken instead, such as maintaining social distancing, wearing a mask, washing hands.
Any requirement for employees to be vaccinated should be communicated clearly to employees and trade unions together with a clear explanation for why it is necessary.
Hosted by NewcastleGateshead Initiative, Partners Damien Charlton and Jane Garvin discussed in this webinar contracts, managing supply chains and the role of directors, with a particular focus on cancellation of events and businesses in the tourism and hospitality sector.
You can find a recording of the webinar from NGI here.
It is possible for children (including adult, working age children) to make claims against the estates of their parents if they have not been provided for in certain circumstances.
These types of claims are very fact-specific so it is not possible to give a straightforward yes or no answer as to whether any such claim is available to you. The court will consider all factors which we can explore with you in more detail.