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How to navigate workplace language and avoid discrimination claims

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Navigate workplace banter

While many employers focus on creating a positive work environment, one often overlooked factor is the impact of workplace language—specifically, office banter, casual jokes, or seemingly harmless comments. Unconscious bias, particularly in the use of language, can perpetuate exclusion and leave businesses vulnerable to legal issues.

The role of language in workplace discrimination

Language is one of the most powerful tools in communication. When words are carelessly chosen, they can foster a toxic work environment and lead to discrimination claims. The Equality Act 2010 protects employees from discrimination based on nine protected characteristics, including race, sex, disability, age, and discrimination during pregnancy or maternity leave. Discriminatory language, whether intentional or not, can result in legal ramifications.

For instance, in a 2021 case, an Employment Tribunal found that a manager who described a pregnant employee as “very emotional and teary” in an email had been dismissive and belittling. This language was seen as dismissive and stereotypical, reinforcing some harmful biases about pregnant women.

Unconscious bias and language: a hidden barrier

Unconscious biases are automatic and are often ingrained assumptions that can influence our behaviour, decisions and interactions with others. Personal experiences and societal stereotypes can shape them and are often reflected in language without any conscious awareness. Karen Cole, Head of Employment Law at RIAA Barker Gillette (UK), explains:

“Language laden with stereotypes or assumptions can have serious consequences. It affects the core culture of an organisation, as language shapes daily interactions between colleagues.  Unchecked, unconscious biases in language can marginalise employees and undermine workplace morale.

All of us carry unconscious biases, and we need to be encouraged to consider what those might be and how our use of language may reflect them. Comments made as a ‘joke’ or even as a so-called compliment can cause problems if they are uninvited and inappropriate.”

A 2023 Employment Tribunal case, which published the reasoning behind its judgment this year, highlights the issue further. A manager introduced a female employee as “glamorous,” which the Tribunal found potentially inappropriate. Describing someone in a business context this way can belittle their professionalism, which may lead to claims of harassment under the Equality Act 2010.

Fostering an inclusive workplace: language matters

Employers should take proactive steps to mitigate the impact of unconscious bias and ensure their language fosters inclusivity. Karen Cole emphasises the importance of nurturing a work environment where all employees feel valued and respected:

“Whether it’s direct insults or casual office banter, inappropriate language can harm workplace morale, reduce productivity, and potentially result in legal action.”

Here’s how employers can foster inclusion and avoid discrimination:

  1. Raise awareness: Acknowledge that unconscious bias exists. Provide examples of biased language and offer inclusive alternatives for more thoughtful communication.
  2. Challenge stereotypes: Encourage employees to question assumptions about people based on their protected characteristics, such as gender, race, or age.
  3. Use inclusive language: Address individuals using preferred pronouns and avoid gender-specific terms for tasks and roles.
  4. Focus on skills and experience: Evaluate employees based on their abilities and accomplishments, not their background or gender.
  5. Revise policies: Regularly review job descriptions, performance evaluations, and internal communications to ensure language focuses on measurable skills rather than personal characteristics.
  6. Education: Conduct regular workshops and training on unconscious bias and inclusive language practices.

The Equality and Human Rights Commission offers valuable resources that help employers create inclusive workplaces and avoid unlawful discrimination.

Contact Karen Cole today to learn how to navigate workplace language and avoid discrimination claims.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Personal liability pitfalls for directors

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personal liability for directors. A director ticking a safeguarding shield

A recent Supreme Court judgment in Lifestyle Equities CV and another v Ahmed and another serves as a critical reminder that company directors are not insulated from personal liability for torts (wrongs) committed by their companies.

Directors can be held personally accountable, even when acting in their official capacity, a fact that underlines the serious risks involved in their role. While some points raised by the court were obiter (non-binding), the case sheds light on several key legal pitfalls that directors must be mindful of to avoid personal exposure.

What is tort law?

Tort law governs civil lawsuits that arise outside of contractual disputes. Its primary purpose is to address harm caused by wrongful actions, offering relief to the injured party, usually in the form of monetary compensation. For directors, tort law represents a potential personal liability that can have serious financial and reputational consequences.

Key pitfalls and risks for directors

The ruling highlighted several crucial points that directors need to consider:

1. Personal liability when acting for a company

Directors may mistakenly believe that their position within a company shields them from personal liability. However, the Supreme Court rejected the idea that acting in good faith to promote the company’s success (as required by section 172(1) of the Companies Act 2006) is necessarily sufficient to protect them from liability for torts.

In delivering the judgment, Lord Leggatt made it clear that “the fact a company is regarded as a separate person does not… justify treating a director whose act is attributed to the company as free from personal liability for that act.” In other words, directors cannot hide behind the corporate veil; they can be held personally responsible for wrongful acts committed by the company under their direction.

2. Directors as accessories to corporate wrongs

Another pitfall involves being held liable as an accessory to a tort committed by the company. The court ruled that directors can be personally liable if they have specific knowledge of the wrongful act, even if they are not directly responsible for it. In cases of strict liability torts (where knowledge of wrongdoing is not required for the primary tortfeasor), a director could still be held accountable if it can be shown that they were aware of the tort being committed. Acting without knowledge or in good faith may provide some protection, but directors cannot rely on this alone.

3. Directors’ salaries could be at risk

In addressing how profits should be accounted for where the company has been guilty of a tort, the court provided some clarification but also a potential area of vulnerability for directors: the court determined that while only the profits of the primary tortfeasor (the person committing the tort) should be accounted for, a director’s salary could be considered profit if it can be shown that the salary is directly tied to the tort.

Although this is difficult to prove, the ruling sends a strong message: under the right circumstances, directors could be forced to account for part of their salary if it results from wrongful acts. This risk underscores the need for directors to exercise caution in their decision-making to avoid personal financial exposure.

Personal liability lessons for directors

Directors should not assume they are protected simply because they act in good faith or within their corporate duties. The Supreme Court has made it clear that directors can be held personally liable for torts committed by the companies they represent. Failure to act prudently or ignorance of wrongful acts could expose them to significant legal and financial consequences.

To minimise these risks, directors should:

  • Immediately cease any conduct that could constitute a tort as soon as they become aware of it.
  • Seek legal advice whenever there is uncertainty about whether their actions may lead to liability.
  • Closely monitor company activities, ensuring that any questionable actions are addressed swiftly and effectively to prevent liability.

This judgment highlights the complex responsibilities directors face in their roles. Directors must be proactive in seeking expert legal advice to fully understand their liabilities and to avoid personal exposure to tort claims. Having a clear understanding of the law will help directors navigate their duties more confidently and mitigate risks.

If you are a director and would like advice about your personal liability, contact our corporate and commercial team at RIAA Barker Gillette for expert legal guidance tailored to safeguard you and your business from potential tort-related risks.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Divorce: Disentangling the family home

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Picture of the family home in a pair of hands

In the UK, there is no standard formula for calculating the division of assets after the breakdown of a marriage. The court is guided by several factors in Section 25 of the Matrimonial Causes Act. These factors allow the courts wide-ranging powers of discretion, leading to vastly different outcomes. The family home often sits at the core of discussions, as it embodies more than just four walls or a place to sleep—it holds countless emotions and memories for the couple. This can lead to power struggles over who should retain it. So, how will the court decide, and what options are available?

The family home is typically treated as matrimonial property, irrespective of whether it was acquired before the marriage, inherited, or bought with external funds. Decisions about the family home are influenced by several factors, including the couple’s financial needs, mortgage-raising capacity, future housing requirements, and the welfare of any children involved.

The property may need to be sold to allow both parties to move forward financially independent of each other. Alternatively, the home may be transferred into one party’s sole name. However, one barrier to this option is often the mortgage, as it is typically one of the largest liabilities the couple must address. If one party wishes to retain the family home, they would need to release the other party from the mortgage by either taking out their own mortgage or buying out their share using their own resources. For many, this option is not feasible.

When children are involved, one of the court’s primary considerations is their welfare. This can often lead to one spouse being allowed to stay in the family home until the youngest child reaches adulthood, referred to as a ‘Mesher order’. This is essentially a deferred order for sale, and for some families, it is the best solution as it allows the children to remain in their familiar surroundings. However, the downside is that one party has to wait, sometimes for many years, for their equity to be released, which can hinder their ability to purchase a new property. It also means the parties remain financially tied to one another, necessitating some level of communication, which does not encourage a fresh start or a clean break.

Recently, couples wishing to avoid contentious and prolonged court battles have turned to alternative dispute resolution (ADR) methods such as mediation and collaborative law. These approaches encourage cooperation and a resolution-focused practice, where parties share information voluntarily and work constructively to reach a consensus. This significantly reduces the emotional and financial costs of divorce.

At RIAA Barker Gillette (UK) LLP, we understand the stresses of navigating divorce and financial proceedings and are committed to providing clear, practical legal advice and support from start to finish. Recognising the need for cost transparency, we have introduced our new “Fixed Price Model”. This approach ensures transparency regarding the costs of our services, eliminating the extra anxiety of escalating or hidden costs. Our model covers a range of services, offering comprehensive, enhanced, and premium options for clients to choose what works best for them. From free or discounted initial consultations and financial negotiations to finalising divorce proceedings, our team of experienced family solicitors is well-equipped in all areas of family law.

Each family is unique, and there is no one-size-fits-all solution. Our approach involves crafting tailored strategies that consider the specific circumstances of each case. Whether it’s negotiating a buyout, securing a fair share of the property’s value, or arranging a Mesher order, we ensure our clients are fully informed and supported throughout the process.

From fixed-price divorce to free initial family law consultations, contact Pippa Marshall at RIAA Barker Gillette for expert legal advice.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Redundancy facts and fictions

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women reviewing a redundancy list

When faced with the challenging prospect of redundancy, it’s crucial to understand the legal requirements and common misconceptions surrounding the process. Whether you’re an employer trying to navigate redundancy laws or an employee facing potential redundancy, this guide will clarify the facts and debunk the myths.

Understanding redundancy: The facts

What is redundancy?

Redundancy occurs when a job or position within a business is no longer required. This can happen for several reasons, such as introducing new technology, changing working methods, restructuring, or even closing a branch or the entire business.

Employer obligations in redundancy situations

Employers have specific legal obligations when making redundancies. These include:

  • Providing clear information about why redundancies are necessary.
  • Outlining how many employees will be affected.
  • Explaining the procedures and timelines involved.
  • Clarifying how redundancy payments will be calculated.
  • Detailing the criteria used for selecting employees for redundancy.

The selection pool for redundancy

Selection for redundancy must be based on clear, objective criteria. Skills, experience, performance standards, disciplinary records, attendance, and timekeeping are all factors that can be considered. However, these criteria must be applied fairly and consistently to all employees at risk of redundancy. Employers must also be careful to avoid any form of discrimination in the selection process.

The importance of consultation

Once employees are notified of potential redundancy, employers are required to consult with them. If 20 or more employees are affected, the law mandates at least 90 days’ notice and collective consultation with trade unions or elected employee representatives. Additionally, the employer must inform the Secretary of State of the impending redundancies.

Individual consultations are required for smaller redundancies affecting fewer than 20 employees. During these consultations, employees have the right to be accompanied by a colleague or trade union representative. The consultation process should explore alternatives to redundancy, such as reassignment to different roles or relocation.

Understanding redundancy pay

Employees with at least two years of continuous service are entitled to statutory redundancy pay. The amount varies based on age, length of service, and weekly earnings:

  • Ages 17-21: Half a week’s pay for each full year worked.
  • Ages 22-40: One week’s pay for each year worked from age 22 and half a week’s pay for each full year before that.
  • Ages 41 and above: One and a half weeks# pay for each full year worked from age 41, one week’s pay for each full year worked between 22-40, and half a week’s pay for each year between 17-21.

Additionally, employees will either be required to work through their notice period or receive payment in lieu of notice. The length of this notice period is determined by an employee’s employment contract and the duration of their service with the company. They will also receive payment for any accrued but unused holiday unless asked to take this leave during their notice period.

The first £30,000 of redundancy pay is tax-free. Additionally, employers may offer enhanced redundancy packages to avoid a full redundancy process, often through a settlement agreement.

Common myths about redundancy:
The fiction

MYTHSFACTS
Redundancy equals unfair dismissal.Redundancy is a lawful form of dismissal. If carried out correctly, it is considered a fair dismissal.
Employees can be made redundant immediately.Employers must adhere to legal requirements for consultation and notice periods. Failure to do so could result in an employee filing a claim with an Employment Tribunal.
Employees cannot challenge a redundancy.Employees have the right to challenge various aspects of the redundancy process, from the justification for redundancies to the selection criteria used.
Redundancy can be used to dismiss underperforming employees.Using redundancy as a cover for performance-related dismissals is not lawful and can lead to unfair dismissal claims.
All redundant employees are entitled to redundancy pay.Only employees with two or more years of continuous service are entitled to statutory redundancy pay. It’s essential to review the employment contract to determine specific entitlements.
Redundancy only affects the newest employees.Redundancy selection should not be based solely on the “last in, first out” principle. Such an approach may expose the business to claims of unfair selection for redundancy.

Conclusion

Whether you’re an employer or an employee, navigating a redundancy situation requires careful consideration and adherence to legal requirements. Missteps can lead to costly legal challenges, so seeking professional advice is crucial to ensure the process is handled correctly.

Contact us today for expert guidance on redundancy procedures and employee rights and to answer any questions you may have.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Terms and conditions for small businesses

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graphic of terms and conditions popping up from laptop

The business landscape, especially for small businesses, can often seem like a minefield. The key to successfully navigating this lies in establishing comprehensive standard terms and conditions (T&Cs). These T&Cs act as a compass, guiding the business relationship between you and your customers. This article delves into the importance of T&Cs, their components, and how to craft and update them effectively.

What are terms and conditions?

T&Cs, also known as business terms, terms of sale, or terms of service, are the legal contract between you and your customer for your supply of goods or services. They are the conditions on which you agree to do business with someone else, often on a non-negotiable take-it-or-leave-it basis. In the UK, businesses must have T&Cs in place to protect themselves and their customers.

The importance of terms and conditions

T&Cs are vital in setting out what you have agreed with a client or presenting the inflexible terms under which you will accept business. They define the contract, act as a record of it, set out your business procedures, protect your business and your rights and limit your liability. Even if you are selling a low-value product or service, a disagreement with a client can take up significant time and possibly lead to reputational damage. Hence, having a comprehensive set of T&Cs is good business practice and a trust-building measure with customers.

Components of terms and conditions

A well-constructed T&Cs document should include the following provisions:

Definition of the contract’s basis or subject matter

Your T&Cs should clearly state what you are selling. The products and/or services could be described in detail or referred to in another document, such as a sales brochure or your website.

Price

You should include all variations, circumstances, and provisions for price increases.

Payment terms

This section should set out how and when you want to be paid. Your contract should also include provisions for non-payment and late payment.

Definition of the services procedures

The amount of detail you should provide depends on your business. Avoid cluttering your T&Cs with half-promises and sales talk.

Provisions relating to carriage, delivery, risk and insurance

Every business selling goods has its T&Cs to cover this area of activity.

What happens while the contract runs?

If a contract for services is to take place over a period of time, you might want to explain who will be responsible for which aspects of the services while the contract runs. Depending on the nature of the service to be delivered, there can be any number of contract clauses.

Termination provisions

You need to consider the length of your contract, the trigger for termination, and the consequences of early termination.

Limitation of liability

These terms limit the damages you must pay your customer if your goods or services fail.

Protecting your business

This area is usually covered in several separate provisions. Some such provisions might include force majeure (circumstances beyond yours and the customer’s control), confidentiality, non-disclosure of information or restriction of the extent of any claim.

Intellectual property rights protection

Your intellectual property may be very valuable. The use and ownership of intellectual property are particularly important in the context of an Internet business.

The role of privacy policies

Privacy policies that outline how businesses collect, store, and use customer data are a crucial part of T&Cs. Businesses must comply with UK data protection laws, including the General Data Protection Regulation (GDPR) as present in UK law.

Compliance with UK consumer protection laws

Businesses must adhere to UK consumer protection laws, including the Consumer Rights Act, which outlines consumers’ rights when purchasing goods or services. Terms and conditions should be written in clear and concise language, and businesses should ensure that customers fully understand what they agree to when purchasing.

Crafting your terms and conditions

Creating your terms and conditions can be done in several ways. Instructing a lawyer to draft them is often recommended, as using templates and examples can result in key business activities not being protected by agreement to the terms and conditions. Regardless of the method used, businesses should ensure that their terms and conditions are tailored to their specific industry and customer base and written in clear and concise language.

Updating your terms and conditions

Once your terms and conditions are in place, it is essential to regularly review and update them to ensure that they remain relevant and effective. Businesses should review their terms and conditions at least once a year or whenever there are changes to laws or regulations that may impact them. It is also important to notify customers of any changes to the terms and conditions, including providing them with a copy of the updated document.

Legally binding nature of terms and conditions

T&Cs are legally binding and form part of the contract between you and your customer. They should be visible on your website and part of your onboarding process when you take on a new client to ensure they’re enforceable. It’s best practice to direct all new customers to your T&Cs and have them sign the document to say they have read them or create an online click agreement.

Where to place your terms and conditions

Position your T&Cs prominently on your website and ensure they’re easily accessible through hyperlinks. If you require a sign-up form from new customers, acceptance of your website terms should be mandatory, and definitive acceptance of them is sought, for example, “click this button to accept our Terms and Conditions.”

Changing your business’s terms and conditions

Most T&Cs include a provision that allows the business to change the Terms and Conditions at any time. If you have regular clients or customers, it’s best to inform them in writing that your standard T&Cs have changed and what this means for them. To avoid any misunderstandings that may lead to disputes, have the client or customer sign the new T&Cs to acknowledge receipt.

Conclusion

Having effective terms and conditions in place is essential for any UK business. They provide a clear understanding of the terms of sale or service, protect the business and customers, and ensure compliance with UK laws and regulations. By following the key considerations outlined in this guide, businesses can create terms and conditions tailored to their specific needs and customer base that provide a positive customer experience. Consider seeking legal advice if you need help drafting or updating your terms and conditions. By ensuring that your terms and conditions are effective and up to date, you can protect your business and provide your customers with a positive experience.

Speak to our head of corporate, Victoria Holland, today to discuss updating your terms and conditions today

Note: This article is not legal advice; it provides information of general interest about current legal issues.

High temperatures in the workplace

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High temperatures in the workplace. Picture showing kitchen staff.

As summer 2024 unfolds, the UK has seen a mix of weather extremes, from torrential rains to scorching heatwaves. With increasingly hotter summers becoming the norm, managing high temperatures in the workplace is now a critical issue for employers.

While short-term solutions may help mitigate the immediate risks of a heatwave, businesses must consider the broader implications of climate change and develop long-term strategies to maintain safe and comfortable working environments.

Although the UK has no specific maximum working temperature law, employers are legally required to provide a safe and healthy working environment under the Health and Safety at Work etc. Act 1974. This obligation extends to protecting employees from excessive heat, whether they are working on-site or from home.

The Workplace (Health, Safety, and Welfare) Regulations 1992 further mandate that employers ensure reasonable temperatures in all indoor workplaces. What constitutes a “reasonable” temperature varies, though, depending on the work activity and environmental conditions.

Employers must assess risks related to workplace temperature, treating heat as a hazard with the same legal obligations as any other. Special consideration is required for vulnerable groups, such as pregnant workers, new mothers, and employees with health conditions or disabilities that could be exacerbated by extreme heat. If a risk cannot be mitigated, employers must allow affected employees to leave the workplace with full pay until it is safe to return.

The complexities of workplace temperature management

Karen Cole, Head of Employment at RIAA Barker Gillette (UK), explains, “The real challenge for employers is the lack of a universal standard for what constitutes ‘too hot’ in the workplace. Risk assessments must be tailored to the specific circumstances of each business. Factors such as the nature of the work, physical demands, and individual employee characteristics all play a role.”

Higher temperatures may be acceptable in workplaces that naturally generate heat, like bakeries or foundries, with proper protections in place. Those same temperatures could, however, be hazardous in office or retail settings. The Health and Safety Executive has consistently urged employers to protect workers during extreme heat, and MPs have called for legislation to enforce a maximum workplace temperature.

Proactive strategies for employers

Employers are encouraged to take a proactive approach to managing workplace temperatures. “The sensible approach is to identify and address heat-related risks before the temperatures rise,” says Karen Cole. “Employers should listen to their employees and work collaboratively to develop long-term strategies for a safe and healthy work environment. Regularly updating policies and ensuring that everyone understands their rights during hot weather is crucial.”

Effective measures to beat the heat

To help manage high temperatures, employers can implement several control measures, including:

  • Installing adequate ventilation or air conditioning systems
  • Providing access to cool drinking water
  • Ensuring workstations are away from direct sunlight or heat-generating machinery
  • Offering more frequent breaks
  • Creating cooler rest areas
  • Adjusting work schedules to cooler times of the day
  • Relaxing dress codes during heatwaves
  • Providing cooling equipment, such as fans or cooling vests, where appropriate

Conclusion

As temperatures continue to rise, employers’ challenges will only increase. By taking a proactive, informed approach, businesses can ensure the safety and well-being of their employees while staying compliant with legal obligations.

Contact Karen Cole at RIAA Barker Gillette UK today for expert advice, tailored information, and industry-specific policies.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Compulsory purchase – what does this mean?

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photo of land acquired under a compulsory purchase order

What is a Compulsory Purchase Order?

A Compulsory Purchase Order (CPO) allows a public authority to acquire someone else’s property. This mechanism is also available to certain companies that provide public services, such as water or electricity companies.

If you receive a CPO, it means the authority intends to acquire ownership of your property, and you will have to transfer ownership to them.

Why might a Compulsory Purchase Order be created?

A CPO might be created where there is to be a major development, such as land required for a new hospital or a major housing development. It might be served by an electricity company that wishes to create a new substation or a water company that wishes to install a main sewer. Typically, new road and rail works lead to the issue of Compulsory Purchase Orders. One of the recent high-profile instances of the use of CPOs was the HS2 project.

What are the steps taken in creating and issuing a Compulsory Purchase Order?

When a public authority or utility company wishes to acquire land for a project, it goes through a series of steps.

The first step is to determine the extent of land required. They then need to identify the land owners they wish to acquire. Once this has been established, those who are affected are invited to object to the CPO. It then addresses objections either through written representations or a public enquiry. When these steps have been completed, the CPO is confirmed. The authority or company then takes steps to acquire ownership of the property that is subject to the CPO.

Can you object to a Compulsory Purchase Order?

Yes, you can. You should notify the issuing authority if you object to a CPO or make representations at any public enquiry. You will unlikely be recompensed for any expenditure you incur in objecting to the CPO.

Right to compensation

Those affected by a CPO have a right to compensation. However, the right only runs to put you in no worse financial position than before the CPO was served. You will be paid the market value of the land (and buildings), and you may receive additional compensation if other costs are incurred as a direct result of the CPO. An example of this would be removal expenses for moving house. The UK government has issued guidance in relation to making a compensation claim.

Making a compensation claim

You should consider instructing a professional to ensure you receive the correct compensation. Chartered surveyors can represent you in your compensation claim and agree on the amount of compensation you should receive. The UK government has published a Compulsory Purchase model compensation claim form and guidance notes to assist in your compensation claim.

Summary

If you are served with a Compulsory Purchase Order, it is essential you obtain professional advice. Dealing with a CPO can be challenging. A solicitor or surveyor will guide you through the process should you wish to object. They will also ensure your compensatory payment does not leave you out of pocket.

Contact compulsory purchase expert Stuart Jacobs today.

More from Stuart Jacobs on this topic: The Euston Estate: Compulsory Purchase Proceedings

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Legal jargon in wills: understanding your will

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legal jargon written in scrabble like pieces

Legal jargon or terminology is used in wills to ensure precision and avoid ambiguity. These terms serve as shorthand to prevent lengthy explanations and to maintain clarity for those interpreting the document.

Key terms in wills

People

Beneficiaries: Beneficiaries are the individuals or organisations that will inherit portions of your estate after your death.

Executor: The executor is the person or organisation you appoint to manage your estate’s administration. Their duties include identifying assets and debts, applying for Probate, handling Inheritance Tax issues, and distributing the estate per the will’s instructions. Multiple executors can be appointed to act jointly or as substitutes.

Guardians: If you have minor children, you can appoint guardians to manage their affairs.

Issue: “Issue” refers to your descendants, including children, grandchildren, and great-grandchildren, named or entitled to inherit in the will.

Testator: The testator is the individual making the will. If you’re drafting a will, you are the testator.

Trustee: A trustee manages any trusts established within the will. There can be one or multiple trustees.

Money and property

Estate: The estate encompasses all the testator’s assets minus debts or liabilities, sometimes referred to as the net estate.

Assets: Assets are valuable items the testator owns, including property, cash, and investments.

Chattels: Chattels are movable personal property, such as personal belongings, furniture, or a car.

Bequest: A bequest is a gift of personal property specified in the will, for example, such as jewellery, a car, antique furniture, or art.

Legacy: A legacy, like a bequest, is a gift but can include all types of property, personal items, and cash.

Residue: The residue is what’s left of the estate after debts, bequests, and legacies are settled.

Life Interest: A life interest allows someone to use an asset during their lifetime without transferring ownership, often used in relation to property.

Conclusion

Understanding legal jargon in wills is crucial for clarity. If any term or phrase in your will is unclear, consult your solicitor for an explanation.

If you need a new will or have questions about your existing one, contact private client solicitor and wills specialist James McMullan today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Electronic signatures and digital contracts

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Do you even need to sign a contract?

A contract does not need to take any particular form, and case law confirms that electronic documents are generally capable of satisfying a statutory requirement for contracts to be in writing.

Parties can make most contracts informally, and the law does not require a contract to be signed (either electronically or otherwise) for it to be valid. A signature merely indicates the signer’s intention to authenticate the document. So, most contracts may be validly concluded with an electronic signature.

Electronic signatures

An electronic signature or e-signature is data in electronic form which the signatory uses to sign a document, including:

  • typing a name or initials at the bottom of an email;
  • clicking “I accept” on a website;
  • using a stylus or finger to sign an electronic document via a touchscreen; or
  • digital signatures.

Digital signatures

A digital signature is a technologically advanced and secure type of electronic signature.

There are two categories of digital signatures:

  1. Advanced electronic signature (AdES)
  2. Qualified electronic signature (QES)

A QES provides the highest level of admissibility in UK and EU courts and has the equivalent legal effect of a handwritten signature.

QES requires identity authentication before a digital certificate is issued. It offers the highest level of trust through face-to-face ID verification. DocuSign offers multiple QES with ID verification options.

E-signing platforms, such as DocuSign, typically utilise AdES, which creates an audit trail as part of the digital signing process. This trail records:

  • who signed the document;
  • their email and IP address;
  • any additional steps taken to authenticate the signatory, such as a passcode sent to the signatory’s mobile phone; and 
  • a time stamp.

Does an electronic signature satisfy a statutory requirement for a contract to be made in writing or signed?

The Law Commission’s 2019 report: Electronic Execution of Documents, states that an electronic signature is capable in law of being used validly to execute a document (including a deed) subject to two important caveats:

  1. the person signing the document must have intended to authenticate it (that is, they plan to sign and be bound by it); and
  2. any formalities relating to the execution of that document must be satisfied.

If you sign a contract or deed with an electronic signature, but there is a contractual or statutory requirement for you to handwrite it (like in the case of wills), you will not execute the document validly.

The value of the contract or transaction and any jurisdictional considerations will help determine what lengths you should go to ensure the authenticity of a digital contract.

You should consider how trustworthy, secure and reliable the technology used to create the signature is. For example, a typed name at the end of a document is much easier to forge than a digital signature created by Adobe Sign.

If an opponent alleges that a digital contract is not authentic, they must prove their claim on the balance of probabilities. If the parties have used an e-signing platform, they will have a digital audit trail that would be substantial evidence of authenticity.

For digital contracts, the best practice is to use an e-signing platform wherever possible. It is also advisable to have a suitably drafted e-signing policy for your business so that all staff entering contracts do so correctly and in a way that reduces the scope for legal challenges in the future.

If you would like us to review your existing digital contracts or would like to implement an e-signing policy, get in touch with us today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Family mediation and child arrangements

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family mediation

If recently separated parents do not have a clear or agreed-upon plan for when the children spend time with each parent, this can cause stress and conflict. In the UK, the law provides several avenues to resolve such disputes. Whilst court proceedings are one option, they are not the only option. Mediation is often the preferred method of parents to reach an agreement as it is quicker, cheaper, and less stressful.

In this article, family solicitor Pippa Marshall explores the role of mediation in resolving disputes about child arrangements and offers guidance on what to do when there is no plan or agreement in place.

What is mediation?

Mediation is a voluntary process in which a neutral third party, known as a mediator, helps the disputing parties reach an agreement. Couples can use mediation to resolve a wide range of issues, including who the children live with after separation and when the children spend time with each parent. The mediator does not make decisions for you but facilitates communication and negotiation between you and your former partner to help you reach a mutually acceptable solution.

What are the benefits of mediation?

Mediation offers several advantages over litigation. It is generally quicker, less stressful, and less expensive than going to court. It also allows you to maintain control over the decision-making process, essential when dealing with sensitive issues around child arrangements. Mediation also encourages cooperation and communication, which can help improve the long-term relationship between you and your former partner, ultimately benefiting the children.

What will happen at mediation?

The mediation process typically begins with an initial meeting, known as a Mediation Information and Assessment Meeting (MIAM). During this meeting, the mediator will explain the process, assess whether mediation suits your situation, and answer any questions you may have. Suppose you both agree to proceed with mediation. In that case, the mediator will arrange a series of sessions where you and the other parent can discuss your issues. These sessions are confidential, and the mediator will ensure you both have an equal opportunity to express your views and concerns. During the mediation sessions, the mediator will help you and the other parent to explore different options and negotiate an agreement. If you reach an agreement, the mediator will draft a Memorandum of Understanding, which outlines the terms of the agreement. This document is not legally binding but can be converted into a legally binding court order if necessary.

Below are some steps you should take:

Contact a Mediator

The first step is to contact a mediator. We can help you find one, or you can find one through the Family Mediation Council or the National Family Mediation. Doing this as early as possible is helpful so you can start the process immediately.

Attend a MIAM

Both parents are usually required to attend a MIAM before starting mediation. This meeting will help you understand what mediation involves and whether it’s the right approach for your situation.

Prepare for mediation

Before the mediation sessions, consider what you want to achieve and any potential compromises you might be willing to make. It can also be helpful to seek legal advice to understand your rights and responsibilities.

Participate in mediation

During the mediation sessions, try to stay open-minded, listen to the other parent’s perspective, and focus on the children’s best interests. Remember, the goal is not to ‘win’ but to reach a solution that works for everyone and is in the children’s best interests.

Implement the agreement

If you reach an agreement, ensure you understand its terms and how you and your former partner can implement them. If necessary, you can ask a solicitor to draft a court order to make the agreement legally binding.

Conclusion

While disputes about child arrangements can be challenging, mediation offers a constructive and cooperative way to resolve these issues. By focusing on the children’s best interests and working towards a mutually acceptable solution, parents can ensure that the festive season is a time of joy and celebration for everyone.

Contact Pippa Marshall today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

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What they say...

  • Paul Woodman, March 2026
    Will writing “Excellent service from start to finish. Efficient and good value. Charlotte was very professional, knowledgeable and understanding.”

  • Client, March 2026
    Great Service “Contacted RIAA to update my will and other things. Charlotte and James provided an efficient, friendly service, and the process was dealt with quickly. Much appreciated.”

  • Client, March 2026
    Expert knowledge and support “Pippa was invaluable in her insight, knowledge, and support. Through what is a very difficult time, she gave me hope that there is something to be done. Very solutions-oriented!”

  • Eve, March 2026
    Professional, compassionate and seamless legal support “I would like to express my sincere gratitude to Charlotte, Solicitor at RIAA Barker Gillette (UK) LLP, for the outstanding support she provided to my father during the creation of his will

  • Laura Kelly, February 2026
    Review of legal guidance received “I recently worked with Patrick Simpson on my settlement agreement. Patrick guided me through every stage with exceptional care and diligence. He kept the process moving efficiently, always updating me promptly

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