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Lawyer Unfair Dismissal

Lawyer Unfair Dismissal – Unfair dismissal lawyers can assist with anything relating to unfair dismissal, redundancy, wrongful dismissal, and a range of employment law matters.

Finding a lawyer for unfair dismissal can have a significant impact on your case and having that expert legal advice and support available to you can be essential.

Unfair dismissal occurs when you were:

Not given a fair reason for your dismissal
Or not given enough reason to justify your dismissal
Or not allowed a full and fair dismissal procedure

It’s different from wrongful dismissal, though, which is where an employer has breached the terms of an employee’s contract.

To be connected to specialist unfair dismissal Solicitors Near Me, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Unfair Dismissal Lawyers

If you think you’ve been unfairly dismissed by your employer, it can be difficult to process.

The best thing you can do is to speak to an expert solicitor for unfair dismissal to discuss your specific situation so they can help you figure out what the best option is for you and how to proceed.

The Acas Code of Practice sets out standards on the disciplinary and grievance procedures, so if your dismissal is related to any misconduct or performance issues (other than illness) then it’s covered by the guidelines.

Some things are ‘automatically’ unfair if they are the main reason you’re dismissed, including:

Requesting flexible working
If you resign and give the correct notice period
Taking time off for jury duty
Joining a union
Applying for or receiving maternity, paternity, or adoption leave that you’re entitled to
Refusing to give up working time rights
Asking for a legal right such as receiving the national minimum wage
Taking part in legal or industrial action for less than 12 weeks

Many other instances might be classed as unfair dismissal (being forced into compulsory retirement or whistleblowing being two significant ones), but if you feel like you’ve been treated unfairly or if you’re unsure whether the proper procedure was followed, you should speak to someone.

Whether it’s a union representative, an unfair dismissal solicitor, or an expert, you must outline all the facts in your case – and it’s important to speak to someone as soon as possible as any unfair dismissal claim must be made within 3 months of your final day with your employer.

What Is Constructive Dismissal?

Constructive dismissal is when you’re forced to leave your job because of your employer’s conduct.

It’s usually a serious reason that results in you leaving against your will such as not being paid, being demoted without just cause, allowing bullying to occur, or forcing you to accept unreasonable changes to your work.

Anything that could be classed as a breach of contract or employment law can come under the banner of constructive dismissal if you feel like you have no other choice but to leave your role.

Contrary to popular belief, constructive dismissal doesn’t have to be one standalone incident. While it might be a serious incident that causes the issue, it can also be a series of incidents over a period of time that causes the issue.

It might be possible to resolve the issue with your employer but if you feel like you have no other option, you can make a claim for constructive dismissal.

The reality is that if you choose to stay despite feeling as though you have grounds to make an unfair dismissal claim, your employer might try to claim that by staying, you accept the situation in an attempt to refute your claim.

Unfair Dismissal Lawyers Near Me

If you need help or advice for an unfair dismissal case, we’re here to help.

At Solicitors Near Me, we connect you with expert lawyers near you for FREE so you can find the right lawyer for your needs to help you achieve a positive outcome.

To connect with an expert unfair dismissal lawyer near you, just click below…

Find Unfair Dismissal Solicitors Near Me Now

To be connected to a specialist unfair dismissal solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

How Long Does Probate Take UK?

How Long Does Probate Take UK? After a death, an estate executor or administrator is responsible for winding up the deceased’s affairs. This often involves obtaining a Grant of Probate or a Grant of Letters of Administration, the document which gives legal authority to deal with the deceased’s finances. We answer the question – how long does probate take? – and look at the process involved.

Obtaining a grant can be time-consuming and there are a number of steps to go through before an application can be made to the Probate Registry.

If you need help in dealing with an estate administration, to include obtaining a Grant of Probate or Grant of Letters of Administration, we can connect you with expert probate solicitors.

We have a range of hand-picked solicitors on our books who have been chosen because of their legal expertise, their ability to manage even complex cases and their excellent level of service.

We will make sure that you have the right solicitor for your needs.

To be connected to an expert probate solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

How Long Does It Take To Get Probate?

The length of time it takes to obtain a Grant of Probate or Grant of Letters of Administration depends on several factors, including the complexity of the estate, how much time the executor or administrator can devote to the task of winding up the estate and how quickly Inheritance Tax is paid.

Below, we set out the steps for applying for a Grant of Probate together with an estimate of the length of time this could take.

Working Out Who Will Be Dealing With The Estate

The first step in winding up an estate is to work out who will carry out the work involved. If the deceased left a Will, this will name one or more executors. If more than one executor is named, it is open to some of the executors to have power reserved if they wish. This means that they will not take any part in the winding up of the estate, but if they ever needed to step in, they could ask the Probate Registry to grant them this power.

An executor can also renounce their executorship if they do not want to deal with the administration. It is important that if they want to renounce, they take no steps at all in dealing with the estate. If they take any action in the administration, it will not then be possible to renounce the executorship.

Where the deceased did not leave a Will, someone entitled to inherit their estate under the Rules of Intestacy will usually become an administrator.

Whoever takes on the role of executor or administrator, it is open to them to instruct a probate solicitor to deal with the administration on their behalf. The legal costs will generally be payable out of the estate.

Valuing The Estate

The next step is to value the estate. This involves finding out how much all of the deceased’s assets were worth as at the date of their death, to include savings, property and valuable items such as cars, jewellery and furniture. The amount of any debts should also be calculated and deducted from the sum of the assets to give a net value for the estate.

If the deceased gave any gifts of cash or valuables during the last seven years of their life, these must also be noted.

Paying Inheritance Tax

The net value of the estate is then used to calculate whether Inheritance Tax is payable. This can be a complicated calculation as there are allowances that can be made and also transferred if a spouse’s estate did not use their allowance at the time of their death.

If the value of the net estate, including gifts made in the preceding seven years, exceeds the Inheritance Tax threshold, then the executor or administrator will need to work out how much is payable. With regard to the gifts made in the preceding seven years, the tax is payable on a sliding scale depending on how long ago they were made.

Forms need to be filled out and payment made to HM Revenue & Customs, who will provide a receipt. Depending on how many different types of asset were included in the estate, several forms will need to be completed.

Applying To The Probate Registry

The estate’s executor or administrator will then need to fill in an application form for the Grant of Probate or Grant of Letters of Administration. This is sent to the Probate Registry together with the application fee, the original Will, if there is one and the death certificate. The Inheritance Tax receipt is provided directly to the Probate Registry by HM Revenue & Customs.

The Probate Registry will take up to ten weeks to process the application, depending on their workload.

Receiving The Grant Of Probate Or Grant Of Letters Of Administration

Once the grant has been received, the executor or administrator can start closing bank accounts, cashing in savings, selling shares and selling property. It is open to them to put a property on the market before the Grant of Probate or Grant of Letters of Administration has been received, but the sale cannot be completed until the grant has been received.

How Long Does It Take To Get A Grant of Probate Or Grant Of Letters Of Administration?

Valuing an estate can take several weeks, depending on the assets held by the deceased. The executor or administrator will need to write to all of the asset holders asking for valuations as at the date of death. They may also need to obtain professional valuations of some items.

HM Revenue & Customs will also take some time to go through the forms sent to them and ascertain that the correct amount of Inheritance Tax is being paid. They aim to do this within two weeks and advise that you should wait three weeks before applying for a grant.

Adding to this the ten weeks that the Probate Registry may take to deal with the application, the process of obtaining a grant is likely to take several months. If mistakes have been made and one of the organisations has to come back to you it will slow matters down.

If you want to secure a grant without avoidable delay, for example, because you want to sell a property, you could consider asking a probate solicitor to deal with it on your behalf. They have the experience to ensure the Inheritance Tax forms and probate application are accurate, giving you the best chance of receiving the grant without avoidable delay.

Find Probate Solicitors Near Me Now

To be connected to a specialist probate solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

How Long Does It Take To Get A Divorce In The UK?

Timescale For Divorce: How Long Does It Take To Get A Divorce In The UK?

If you are considering ending your marriage, you are likely to be wondering, how long does it take to get a divorce in the UK? We take a look at the process involved and the likely timescale.

When starting a divorce, you are strongly advised to speak to an expert family law solicitor. Because there are other issues that must be taken into account before a divorce, such as a financial agreement and arrangements for children, if you have any, you are usually recommended to deal with these points before the divorce itself is finalised.

We can connect you to an expert divorce lawyer who will be able to advise you of your options and the next steps to be taken in securing a divorce. Our solicitors are selected for their high level of family law expertise as well as for the exceptional service they provide.

We are able to recommend the right lawyer for your needs, whether this is a fairly straightforward divorce or a complex or high value case.

To be connected to a specialist Divorce solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Steps To Get A Divorce

Since the divorce law changed in April 2022, either party can apply for a divorce if they consider that the relationship has irretrievably broken down. It was previously the case that supporting facts would need to be shown such as adultery, unreasonable behaviour or separation. However, this is no longer the case.

The law now simply allows you to ask for a divorce if your marriage has irretrievably broken down. It is also possible for both you and your spouse to apply for a divorce together. This change in the law is aimed at avoiding the need for either party to blame the other, which could cause a relationship to worsen.

It is no longer possible to contest a divorce.

Sending The Divorce Application

The first step in the process is to send an application for a divorce to the court. Your solicitor will be able to complete this on your behalf if you wish. You will also need to make a statement saying that the relationship has irretrievably broken down.

Response To The Divorce Application

If you make a sole application, then your spouse will be advised of this by the court. They then need to reply to the court within 14 days by filling in an acknowledgment of service form.

Applying For A Conditional Order

There is then a ‘cooling off’ period of twenty weeks, intended to allow both parties the time to consider the situation.

Once the twenty-week period has expired, an application can be made to the court for a conditional order. A conditional order is effectively the court stating that it does not see any reason why a divorce should not be granted.

If you both made the initial application together, then you can both apply for the conditional order. Where only one of you is applying for a conditional order but you both made the initial application, a copy of the application for the conditional order must be sent to the other party.

Applying For A Final Order Of Divorce

After the conditional order has been issued, you will need to wait six weeks. You can then apply to the court for a final order. If it is not a joint application, you need to give your spouse 14 days’ notice that you will be making the application.

The court will then make a final order of divorce and the marriage is legally ended.

Total Time Taken For A Divorce

The above process takes a minimum of 26 weeks, or six months, taking into account the cooling off period of twenty weeks plus the six-week wait before a final order can be requested.

However, it is often advisable to deal with other issues before a divorce is finalised. This includes making arrangements for any children of the relationship and securing a financial order.

What Needs To Be Done Before You Get A Divorce?

Financial Order

It is very important to make financial arrangements at the time you divorce. This is because divorce alone does not end the financial obligations of marriage. Without a financial order, either party could make a claim against the other in the future. There is no deadline for this, meaning a claim could be made in many years’ time when either party’s wealth has changed substantially.

You are strongly advised to speak to a solicitor about securing a financial order. They will be able to ensure that your rights and interests are protected and that you have the financial security you need for the future. This includes working out how assets such as your home, savings and pensions will be dealt with.

Both of you will need to make full financial disclosure to the other and your solicitor will then be able to try and negotiate an agreed settlement on your behalf. If you are able to agree on how your finances and property will be dealt with, the court can be asked to seal this agreement in a legally binding consent order.

If an agreement cannot be reached, your solicitor will be able to refer you to mediation. A mediator will work with you to try and help you find an acceptable solution.

If you cannot agree on how your finances will be dealt with, then an application can be made to the court for a financial order. This can be a lengthy process and where the family court has backlogs, it could take a year or more to reach the final hearing stage.

Arrangements For Children

The courts prefer that arrangements for children are made between the parties wherever possible. Your solicitor will be able to negotiate on your behalf and help suggest options if you are finding it hard to agree.

If you cannot find an acceptable solution, it is usually the case that you will have to at least consider mediation before applying to the court. Your solicitor will be able to discuss this with you and refer you to a mediator.

Where you are able to agree on arrangements, these can be put before the court for approval. Where you cannot agree and mediation has not been successful, you can ask the court to make arrangements. Again, this can take a substantial period of time.

How Long Does It Take To Get A Divorce?

The divorce process alone can be completed in six months from the date of the initial application. Dealing with other issues will usually take longer however, so you are advised to start considering them as soon as you are certain you want to go ahead.

You will be able to start putting together the large amount of financial information that will be needed for disclosure and work with your solicitor to start the process as soon as possible.

Find Divorce Solicitors Near Me Now

We have a range of experienced family law solicitors on our books who have a track record of excellent results in achieving the desired outcomes for their clients.

To be connected to a specialist Divorce solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Unfair Dismissal Solicitors

Unfair dismissal solicitors are experts in unfair dismissal, redundancy and all things relating to employment law.

Finding a solicitor for unfair dismissal can be crucial to ensure that you achieve a positive outcome in your case.

Unfair dismissal occurs when you were:

Not given a fair reason for your dismissal
Or not given enough reason to justify your dismissal
Or not allowed a full and fair dismissal procedure

Crucially, it’s different from wrongful dismissal, which is where an employer has breached the terms of an employee’s contract.

To be connected to a specialist employment solicitor near to where you live or work, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

What Happens If I’m Unfairly Dismissed?

If you think you’ve been unfairly dismissed by your employer, it can be difficult to process.

Your employer should outline what their appeal process is so that you’re able to challenge the decision if you wish – this is a key part of the code of practice which while isn’t a legal requirement, does set out the minimum standards expected. If those standards aren’t met, a court or employment tribunal is likely to look upon the employer unfavourably.

Some things are ‘automatically’ unfair if they are the main reason you’re dismissed, including:

Requesting flexible working
If you resign and give the correct notice period
Taking time off for jury duty
Joining a union
Applying for or receiving maternity, paternity, or adoption leave that you’re entitled to
Refusing to give up working time rights
Asking for a legal right such as receiving the national minimum wage
Taking part in legal or industrial action for less than 12 weeks

Whether it’s a union representative, an unfair dismissal solicitor, or an expert, you must outline all the facts in your case.

You should also know that you don’t need to have worked for your employer for 2 years to be able to make an unfair dismissal claim if it’s for a reason that is classed as ‘automatically’ unfair.

What Is Constructive Dismissal?

Constructive dismissal is when you’re forced to leave your job because of your employer’s conduct.

Anything that could be classed as a breach of contract or employment law can come under the banner of constructive dismissal if you feel like you have no other choice but to leave your role.

It might be possible to resolve the issue with your employer but if you feel like you have no other option, you can make a claim for constructive dismissal.

Making An Unfair Dismissal Claim

Making an unfair dismissal claim can feel like a big decision.

You shouldn’t dwell on it for too long, though, because any claim must be made within 3 months (less 1 day) of your employment ending – that is either the last day of your notice period or the day you were dismissed if you weren’t given notice.

When it comes to compensation, unfair dismissal claims are calculated based on two parts in an Employment Tribunal. There’s a maximum amount you can be awarded, with the two parts split into a ‘basic award’ and a ‘compensatory award’.

The basic award is calculated as follows:

Half a weeks’ pay for each complete year of employment under the age of 22
1 weeks’ pay for each complete year of employment between 22-40
1.5 weeks’ pay for each complete year of employment aged 41+

A weeks’ pay for these purposes is capped at £544 and the maximum award is 30 weeks’ pay, meaning the basic award is capped at £16,320.

The compensatory award covers things such as lost earnings, benefits, pensions, and bonuses, and it’s also capped at whichever is lower, 52 weeks’ gross pay or £89,493.

So, the maximum you can be awarded in an unfair dismissal claim at an Employment Tribunal is £105,813.

There are exceptions that have a higher limit, such as if you’ve been automatically unfairly dismissed or if you were a whistleblower.

Unfair Dismissal Solicitors Near Me

If you need help or advice for an unfair dismissal case, we’re here to help.

At Solicitors Near Me, we connect you with expert solicitors near you for FREE so you can find the right solicitor for your needs to help you achieve a positive outcome.

To connect with an expert unfair dismissal solicitor near you, just click below…

To be connected to a specialist employment solicitor near to where you live or work, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

What Is The Redundancy Procedure?

What is the redundancy procedure – it’s a good question.

What Is The Redundancy Procedure? And whether you’re an employee or employer looking for advice on what the standard procedure is and what you can expect, it’s important to be aware of what you’re about to go into.

Redundancy isn’t a particularly enjoyable experience for anyone, that goes without saying. But there are many reasons why it might be happening and it’s important that the correct legal procedures are followed so that everyone is treated fairly.

What Is The Procedure For Redundancy?

Redundancy is where the needs of the employer for work of a specific type has reduced to the point where they don’t need as many staff as they previously did.

OR it can mean the employer is closing a workplace, and the staff who work there will be asked to relocate. If they’re not able to do so, whatever that reason might be – then they could be made redundant.

The end result is that an employee, or employees, will be relieved of their duties following the redundancy process…

The key here is that any employer that finds themselves in a redundancy situation MUST go through a fair redundancy procedure before making any decisions on redundancy – as long as the employee has worked with the business for at least 2 years.

If you would like to speak with a specialist employment law solicitor about redundancy pay now, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

What Is The Correct Procedure For Redundancy, though?

You should be invited to at least 1 individual meeting with your employer to discuss redundancy, but other than this, there is no set process.

An employer must also have a clear process, but there is no set way in which it needs to be done.

In the individual meeting, your employer should make clear to you why:

They need to make redundancies
They’re considering you for redundancy
If there are any other jobs available and details on them

It’s also an opportunity for an employee to ask questions about what happens next, voice any concerns, and tell them if you think the process has been unfair.

If an employee has worked for less than 2 years, your employer doesn’t need a redundancy process and doesn’t have to meet you individually. However, it’s still worth following up to see if they have a redundancy process so that you know what to expect.

A redundancy process MUST explain:

How they’ll select people for redundancy
How long the process will take
What meetings you’ll be able to attend and when
How you can appeal the decision if you’re selected for redundancy

What About Settlement Agreements?

Many employers will explore a settlement agreement as an alternative to the redundancy process, and it’s worth considering.

One factor in a settlement agreement is that the employee waives the right to progress through a fair redundancy procedure in exchange for a settlement fee.

The positives of a settlement agreement are mutually beneficial…

The employee gets more money
The employer can spend more time focusing on their business

And avoiding having to go through the redundancy process where one or both parties might become agitated is beneficial.

You should know, though, that the employee DOES NOT have to accept the settlement agreement – if they refuse, the employer still has the option to press ahead with the redundancy process.

In this instance, it would be advisable to seek legal advice to ensure that the procedure has been conducted fairly or whether there might be the potential for an unfair dismissal claim.

It might be preferable for the employee to accept the settlement agreement for several reasons:

The financial settlement is likely to be higher than they’d get through redundancy
It allows them to finalise the process quicker and move on with their next opportunity
It allows for the process to be conducted in a civil and agreeable manner

Redundancy Advice Near Me

Redundancy can feel like an overwhelming situation. If you’ve never experienced it before or you’re unsure what to expect, it can be difficult to know where to begin…

But the good news is that at Solicitors Near Me, we’re here to help.

We connect you with expert employment solicitors near you for FREE so that you can get the redundancy help and advice you need.

You’re under no obligation to press ahead with the solicitor we connect you with and until you decide to proceed, everything is completely FREE.

Redundancy Advice Near Me

Whatever your needs, there’s a solicitor near you that help you with redundancy legal advice…

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.