PROBLEM AT WORK
Employment law is complicated and few people have a clear idea of all their rights at work. If you think your employer has treated you unfairly, it is important to get legal advice at the earliest opportunity. Generally, the longer you leave a problem, the fewer options you may have.
HOW TO PROCESS
Once you have found a lawyer, you should explain your situation briefly to him/her. It may be helpful to email the history ahead of a meeting.
Make sure that you mention the dates of the events you are concerned about. If you plan to take someone with you to the meeting, mention this and ask if there are any documents you need to bring. If in doubt, take documents with you.
LAWYER NEED TO KNOW
how long you have worked for your employer and how much you earn, the details of your problem at work. What events have led you to your current situation, whether you have any relevant documents and he may also ask for any documents which you do not have that might be relevant to the case.
Once you have explained your circumstances in detail, your solicitor can explain your options. If your solicitor believes you have a case and you want to take it further, you need to decide how you are going to do this.
Employer’s procedures
It is important to try to sort out your problem with your employer direct first, either informally or using their formal complaints/grievance procedure. If you have started using your employer’s complaints procedures or if your employer has started to take action against you and try to go to any meetings that are arranged and use any appeal procedures your employer has in place. An employment solicitor can review papers with you and perhaps advise you of points to cover at a meeting.
The time limits for taking your claim to a tribunal depend on what your complaint is about.
Settlement Agreements
If you can reach an agreement with your employer without going to a tribunal, this can be recorded in a ‘settlement agreement’. This is a legal document which confirms the terms of the settlement you have agreed, in exchange for which you give up your legal claims against your employer. Your employer will usually make a contribution to your legal costs as part of the agreement. The law requires that you obtain independent legal advice before a settlement will be valid.
ABOUT PROBATE
Person who has died leaves a will
If the person who has died leaves a will, it will usually name one or more people to act as the executors of the will.
If you are named as an executor of a will you may need to apply for a grant of probate.
A grant of probate is an official document which the executors may need to administer the estate. It is issued by a section of the court known as the probate registry.
No will
If there is no will (known as dying intestate) the process is more complicated. An application for a grant of letters of administration (an official document, issued by the court, which allows administrators to administer the estate) will need to be made.
The person to whom letters of administration is granted is known as the administrator. The administrator is the person who has the legal right to deal with the affairs of the person who has died, and is determined by a set order of priority.
The administrator will usually be a close relative of the person who has died, if there is one. There may be more than one person who has an equal right to do this. Your solicitor will be able to provide you with information on the set order of priority.
Personal representatives
If there is more than one personal representative they must work together to decide matters between them. Disagreements between personal representatives can cause expensive delays.
Grants of representation
This includes grants of probate and grants of letters of administration. Often people just refer to probate even if there is no will.
When a grant of representation is needed
A grant of representation is not always needed. However, some financial organisations may require a grant before giving you access even to a small amount of money. Usually, a grant of representation will be needed when the person who has died left stocks or shares or house or land or a certain insurance. You can ask a lawyer to apply for the grant of representation on your behalf.
Responsible of personal representatives
Personal representatives are responsible for making sure that the estate is administered correctly. If there is a will, the personal representative must make sure that the wishes of the person who has died, as set out in their will, are followed.
Personal representatives are also responsible for finding out if the tax(lawyer explain these) is due as a result of a person’s death. If it is, the personal representative has to make sure that it is paid.