Legal Services FAQ

By law, an employee would have a right to undertake flexible working within 26 weeks of the service. An employer is due to consider their request with a decision required to be made within a period of 3 months, except in the case where a decision has been settled.

 

An employer may consider that flexible working would not be reasonable, and if this is the case, the employee has rights of appeal if they are in a disagreement.

You could not be made redundant if you are pregnant and if you had been made redundant due to your pregnancy, you would be eligible to make a discrimination claim under the Equality Act 2010.

 

Nevertheless, you could be made redundant if the reasons were not due to pregnancy or maternity and if there were others being made redundant.

You could make an unfair dismissal claim considering you have been in continuous employment for a minimum of two years. A key exception to this provision is if you believe you have been discriminated due to the following:

• Sexual orientation
• Religion / belief
• Gender
• Age
• Disability
• Gender reassignment
• Race
• Marriage / civil partnership
• Pregnancy / maternity

A main reason why people are made redundant is due to a decline in profits and it is permissible and legal for the company to do so for this specific reason. So, you could be made redundant due to performance or disciplinary records.

 

On the other hand, it would be unlawful by the company to make you redundant if it is due to discrimination on grounds of:

• Sexual orientation
• Religion / belief
• Gender
• Age
• Disability
• Gender reassignment
• Race
• Marriage / civil partnership
• Pregnancy / maternity

It would not be an issue if there is no mention of maternity leave in your contact. This is due to maternity leave being a statutory right for every individual. However, you must meet the criteria in which you have been working with your employer for a minimum of 26 weeks prior to giving a 15-week notice, you would be legally permitted to take maternity leave. You would also be entitled to maternity pay.

 

You being our client, we will ensure your claim is dealt with excellent service and you are given the legal advice and representation you require. Get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310.

A credit hire is when an equivalent hire vehicle replacement is given which will be on a credit basis and it will be given and replaced to the person who was not at fault during the non-fault accident.

Rather than the vehicle being paid for during hire, the credit hire company would recover the costs from the person who was at faults insurance, once the claim has been settled.

To receive a hire vehicle, a credit hire provider is required. The company will consider your accident and provide you with a hire vehicle if is evident that you were not at fault of the accident. During the process the driver’s insurance will be required to recover the costs of the hire.

To define a business debt, it is when one business is required to owe another business. Some businesses do have debts, but debt could hinder the cash flow of a business and this would be an issue. It would hinder the cash flow if it is likely the debts will not be paid and this is be defined as bad debts.

When gathering evidence to recover debt, it would be primarily ideal for a written signed contract with the debtor. Other types of evidence that could be gathered that would be permitted are from the following:

• Emails
• Messages
• Witnesses / oral witnesses
• Bank statement
• Purchase order
• Relevant information that could support your case

 

The evidence gathered would identify that a contract has been made and with the evidence, you could show that the debtor was informed and aware with your terms and conditions prior to the contract being made.

This is why it is important for correspondences to always be kept which includes seeking for the debt and any attempts.

 

You being our client, we will ensure your debt recovery claim is dealt with excellent service and you are given the legal advice and representation you require. Get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310.

Prior to a debt recovery court case, it is important you acquire all the evidence you could which will support your case. It would support us to improve your position of negotiation and will allow us to examine you attempts made for settlement. It would also enhance your position if you were to go for trial.

 

When gathering evidence to recover debt, it would be ideal for a written signed contract with the debtor. Other types of evidence that could be gathered that would be permitted are from the following:

• Emails
• Messages
• Witnesses / oral witnesses
• Bank statement
• Purchase order
• Relevant information that could support your case

If you have found yourself in a position where a customer/client has breached the due payment date and has not paid in time with accordance to the terms and conditions, you could follow the below steps.

• You would initially send a reminder to make the client/customer aware that a payment is due. A follow up phone call could be undertaken thereafter.
• If payments are not made, you should then get into contact with Lex Solicitors to ensure your debt recovery claim is dealt with excellent service and you are given the legal advice and representation you require.
• Prior to getting in touch with us, the following documents would be ideal for evidence;
• Emails
• Messages
• Witnesses / oral witnesses
• Bank statement
• Purchase order
• Relevant information that could support your case

 

• A letter will then be sent to the client with further communication services including messages, phone and email. This would be the pre-litigation stage and payments are usually paid within this stage.
• A statutory demand is placed on the client if there is no payment made and there is no evidence of communication.
• If payment is still not made, a County Court claim will be issued and will be conducted by Lex Solicitors on your behalf.
• If the payment is disputed by the customer/client, the case could go to court in which the Lex Solicitors debt recovery team would assist you on this.
• Once a County Court Judgement against a debtor is made, this would allow enforcement procedures to be introduced if payments are not being paid.

With reference to the Limitation Act 1980, in England and Wales, the maximum time limit for unpaid debt is 6 years. The start date period would be formed from when the initial date payment was owed.

Once 6 years have passed, the debt would be regarded as Statute Barred. So, if a County Court Claim is issued with regards to the debt once the 6 years have passed, the debtor would be permitted to complete a Defence for the claim. You would have to prove the time limit has not elapsed with the debtor using the 6-year time period as a limitation period for not paying the debt.

 

If the time has expired, but you were still communicating with the debtor, it would be advised to get in touch with our specialist debt recovery solicitors who will look into it further and offer you the legal advice you require.

Get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310.

You being our client, we will ensure your dispute resolution claim is dealt with excellent service and you are given the legal advice and representation you require. Get in touch with our specialist solicitors by booking a free initial consultation or you could contact us on 01204 387310.

Where court proceedings are necessary for any disputes, the process could be complex. At Lex Solicitors, our specialist dispute resolution solicitors would assist you with every step of the process to ensure you do not undergo any type of stress as a result of the dispute.

If the dispute claim is straightforward and could be resolved with the parties through an agreement, the claim could be settled within weeks. However, if the case requires court proceedings, the claim could be settled between a period of 3 to 12 months but primarily depends on the how complex the case is.

The term litigation is one type of method of dispute resolution. It involves a formal court process in which considers an enforcement of a Court Judgement in support of one of the parties in relation to the dispute.

Arbitration involves the process with relation to the decision of the dispute being resolved without requiring the court. The process of mediation considers an independent neutral third party to support the parties with a dispute and for a negotiated settlement to be made. The process of arbitration and litigation have many similarities with a major difference being arbitration is generally conducted privately.

A solicitor advocate is an individual who is qualified as a solicitor and has gained the right of audience in the form of a barrister through acquiring an extra qualification. This would permit them to represent the client from the courts of the following:

• The Crown Court
• The Supreme Court
• Court of Appeal
• The High Court

 

At Lex Solicitors, we have experienced Solicitor Advocates who would represent you in court. You being our client, we will ensure you are given the legal advice and representation you require. Get in touch with our specialist solicitors by contacting us on 01204 387310.