The way we are regulated is changing

On 6 October 2011, the Solicitors Regulation Authority (SRA) introduced major changes to the way solicitors and firms are regulated with a new Code of Conduct. The Solicitors Regulation Authority also wanted to ensure that they have a regulatory system which best serves the needs of consumers which they now call Outcomes-Focused Regulation (OFR).

The Solicitors Regulation Authority expect that Outcomes-Focused Regulation (OFR) will encourage higher standards of service for consumers. Cassandra Simpkins, of Simpkins and Co Solicitors commented 'We, as a firm and individual solicitors, welcome the new regulations bought in by the Solicitors Regulation Authority and as one of our core principles will continue, as always, to deliver the highest level of professional, qualified, and accredited representation and service to our clients.' Under the new Code of Conduct, all law firms will have to prioritise risk management and take measures accordingly.

Cassandra Simpkins states 'Simpkins and Co Solicitors are members of the Law Society's Risk and Compliance Service demonstrating our commitment to the new Outcomes-Focused Regulation. The Risk and Compliance Service provides a comprehensive range of tools and information to help firms successfully address and respond to regulatory changes.

National Minimum Wage (NMW)

The National Minimum Wage (NMW) is a minimum amount per hour that most workers in the UK are entitled to be paid. The current rates and ages that they apply to are as follows:

• £6.08 – the main rate for workers aged 21 and over.
• £4.98 – the 18-20 age rate.
• £3.68 – the 16-17 age rate for workers above school leaving age but under 18.
• £2.60 – the apprentice rate - under 19 or 19+ in the first year of an apprenticeship.

Holiday rights

There is a minimum right to paid holiday, but an employer may offer more. In order to qualify for the right to annual leave you need to be classed as a worker. If you are self-employed, you have no statutory right to paid annual leave.
The main things you should know about holiday rights are that:

• you are entitled to a minimum of 5.6 weeks paid annual leave - 28 days for someone working five days a week (capped at a statutory maximum of 28 days for all working patterns)
• part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week)
• you start building up holiday as soon as you start work
• your employer can control when you take your holiday
• you get paid your normal pay for your holiday
• when you finish a job, you get paid for any holiday you have not taken
• bank and public holidays can be included in your minimum entitlement
• you continue to be entitled to your holiday leave throughout your ordinary and additional maternity and paternity and adoption leave

Compensation culture - No win no fee

What is the 'No win no fee' Compensation Culture?
There are many different views on claiming compensation for a personal injury and it often gets a bad press. Some claims management companies and solicitor firms are sometimes called 'Ambulance chasers' and there is a general view that 'If there's a blame, there's a claim' and you can claim compensation for just about anything. However, this is a long way from the truth and it is rarely reported that seeking legal advice when you are injured and being offered a 'No win no fee' agreement allows you 'Access to justice' and for you to be compensated for a wrong doing that was not your fault – the reason it was introduced in the first place.

What is the process when someone is injured?
When you are injured, your financial losses can be considerable, e.g. loss of wages and travel costs. This is before you even think about compensation for your own pain and suffering. The law is there to help you get the compensation you deserve and to stop others suffering in the future. A popular way of funding a case is a 'No win no fee' agreement. This means that you have an agreement with your solicitors that you will only have to pay costs if you win your compensation claim and even then you recover these costs from the losing side. This does not cover you for your expenses (sometimes referred to as disbursements) such as the cost of medical reports and court fees during your claim and does not cover you for the other side's costs if you lose.

Protecting yourself against losing
If you were to lose your case, it could prove expensive. However, you can obtain Legal Protection Insurance which will cover all of these costs if your case was to lose. Your 'Injury Solicitors' will check with you if you already have this in place, i.e. through your household insurance policies or car insurance policy, and if not, they will arrange this for you on a 'no win no fee' basis and take out an 'After the Event' insurance policy. It is obviously very important to get insurance in place, to prevent any risk of you having to pay out possibly substantial costs. The cost of this insurance will not become payable until the end of the case.