Question: I want to leave my boyfriend, but am afraid to do so. I am in a very unhappy relationship, but my boyfriend says if I leave, he will take our child. Can he actually do that? What are his rights and what are my rights? I have to leave because I am so unhappy, but I cannot risk losing my child. His doctor has had to put him on antidepressants and he is not working. Do these facts have any impact on whether he can take my 4-year-old son from me? In addition, I have two children from an…
Question: About a year ago, my husband moved to Spain for work. The plan was for me to join him, but after a while, I began to feel that I could not trust him. For me the relationship was over and I no longer wanted to move countries to be with him. My husband has now decided that he wants to stay in Spain. I now want a divorce, but do not want to have to go to Spain to get one. Can I get a divorce through the British courts without him coming back to the UK? Answer: It…
Question: My wife and I have agreed that we need to separate. It is best for all of us including our children aged 3 and 2. However, I am worried about my children. My wife is in the RAF, so has a demanding, full time job. Our home is in her name because I do not work. I stay at home and look after both of the children. My youngest daughter has Down’s syndrome. The only cash I bring into the home is the carer’s allowance I receive for looking after her. I am worried because my wife wants me…
I bought a laptop from Dixons. I spent an extra £250 after being persuaded by the rather pretty salesgirl to lengthen the warranty time to four years with its “Whatever Happens policy”. From day one the laptop proved troublesome so I took it back to Dixons, who didn’t fix the problem, so I had it sent to its HQ. It came back after a week, still not fixed. Within a year I had sent it back again, taken it back to the local shop and HQ and the laptop is still not working properly. However I’m now told I cannot…
Benefit fraud has risen by 10 per cent in the past two years to £3.5 billion despite attempts to clamp down on abuse, Government figures show. The latest accounts from the Department for Work and Pensions reveal that benefit fraud, and error, rose by £300 million between 2010-11 and 2012-13, representing 2 per cent of the overall benefits bill. The Government have placed have promised huge resources to clamp down on this fraud, but there are long delays in following it, up due to catching up. It is not if they catch you but when. They might come tomorrow. They…
From April 2013, individuals wanting to bring a tribunal claim will have to inform the conciliation body ACAS first. Claims will no longer be made direct to the tribunal. If conciliation is unsuccessful, the individual can continue with a tribunal claim. Finally, if employers lose a claim, tribunals will have the power to fine them, with a minimum of £100. This will be in addition to the award made to the claimant and the fee reimbursement. For expert advice on bringing an employment tribunal claim talk to the experts Hylton-Potts. We have a free 24 hour legal email service on…
One in four couples who live together has no plans to wed, yet many wrongly think that they have the same legal rights as married couples. Even though the numbers of couples who cohabit in Britain has more than doubled since 1996 to nearly six million, widespread ignorance of the law remains. A third did not know that they do not have the same rights as married partners when it comes to inheritance. Just under a third wrongly believed that their legal rights on finances were the same as those of married couples. Two thirds did not realise that they…
Usually the term frustration of contract refers to the situation where circumstances beyond anyone’s control leads to an employee no longer being able to carry out their role in full. A ‘frustration of contract’ can be used as grounds for dismissal. An example would be a change in the law that means an employee has to commit an unlawful act or acts to fulfil their duties. It is important not to mix poor performance with frustration of contract. They are very different reasons for dismissal. Reading our Poor Performance guide will help you to better understand the differences. The Hylton-Potts…
Below is a summary of what categorises an employee as being on a fixed term contract: The contract will automatically end on the completion of a specific project or task The contract has a specific end date The contract ends when a specific event occurs, for example the return of an employee from sick leave To ensure that you deal with your fixed term employees correctly you need to be familiar with your legal obligations. Our step-by-step guide – Your Responsibilities – will inform you about this as will the information below. Employees who are employed on fixed term contracts…
When dealing with the expiration of a fixed term contract it is important to follow the correct procedure. This means familiarising yourself with the law surrounding this area and understanding your legal responsibilities. Our guide Your Responsibilities will tell you more and guide you through each step of dealing with the expiration of a contract with a fixed term. Below is an overview of how a contract with a fixed term may be worded to ensure it can be brought to an end without causing legal issues: The contract will end once a specific task or project has been completed…
