Author: numan
Flight Cancellations – Why you are likely to be entitled to a refund and compensation
With the new lockdown in place it may seem that your holiday will never happen. If you have had your flight cancelled, the airline must offer you the opportunity to rebook or get a refund.
The guidance at present has advised that a travel ban remains unless you have a legally permitted reason to travel therefore if you do have a flight booked whilst restrictions are still in place, your airline will likely cancel your flight and offer a full refund.
Some airlines and travel providers are offering vouchers in place of refunds. If your flight has been cancelled, you are entitled to a refund, so if you would prefer a refund, ask for this from the airline.
If you believe you are entitled to get a refund from your airline but they are refusing, you may have a claim. Passengers are entitled to compensation unless:
- Your flight was rerouted, and you arrive at your destination no more than two hours late
- You are informed of your flight cancellation at least two weeks prior to departure
- You are informed of your flight cancellation between on and two weeks prior to departure and your flight was rerouted, helping you to get to your destination no more than four hours late
- The airline can prove that the delay was caused by extraordinary circumstances that could not have been avoided.
In the current climate The Competition and Markets Authority (CMA) has stated that anyone who cannot travel because of government regulations should be able to get a refund, but this is not always the case in reality.
If you need help obtaining a refund and/ or compensation we offer a no win no fee flight cancellation claims compensation service. This means that you won’t have to pay anything upfront, and there is no charge if your claim is unsuccessful. You can pursue your refund and compensation independently however research has indicated that airlines don’t take many claims seriously, often discarding letters and failing to take appropriate action.
When you instruct Versus Law to handle any claims against an airline, you have the peace of mind that we know how to manage claims of all descriptions in accordance with all legal precedents.
CONTACT US
Here at Versus Law, we have helped thousands of clients throughout Manchester – and across the UK – to achieve the flight delays compensation they’re entitled to. To receive your FREE consultation with one of our solicitors, contact us today on 0161 504 7234 or email us at info@versuslaw.co.uk. If you prefer, you can use our flight delay calculator.
How to protect your home against fraudsters
The fight against fraud is usually associated with banking, credit cards and more recently cybercrime. However, property fraud is not always on the forefront of our minds. Fraudsters have sold or mortgaged properties fraudulently and without the legal owner knowing until it was too late.
The HM Registry has stated that an individual is more at risk of property fraud if:
o You rent out your property
o Your identity has been stolen
o You live overseas
o Your property is empty
o Your property isn’t mortgaged
o If the property isn’t registered with HM Land Registry
How does property fraud occur?
The above situations can be taken advantage of by fraudsters, for example by lodging a false charge on your property register thus giving them a legal interest in the property. Also, they have been known to steal an owner’s identity and sell the property from under the rightful owner’s nose (especially if the property is vacant/tenanted)!
What is the property alert scheme?
To protect and help property owners, the Land Registry has provided a free “Property Alert Scheme” whereby homeowners can monitor up to ten properties once they’ve signed up.
If any changes to the title register have been made, (including an official search with priority – used by potential buyers of the property), then a notification will be sent straight to you, allowing the time to take appropriate action.
If you believe any fraud has taken place, contact HM Land Registry property fraud line on 0300 006 7030 or reportafraud@landregistry.co.uk.
Here at Versus Law, our conveyancing team do all we can in assisting both buyers and sellers in preventing property fraud. Throughout the conveyancing transaction, we offer guidance on the steps to be taken in order to avoid fraud. Moreover, our own security checks are carried out to ensure maximum security.
Whilst we work to avoid fraud in every way, we recommend that all property owners take advantage of the Land Registry’s Property Alert Scheme, to guarantee that you are extra cautious and have ongoing peace of mind throughout your ownership.
What to check when looking at a property for the first time
According to a recent study 77% of buyers miss out on essential things when they’re house browsing which leads to an average spend of £5000 to remedy issues which later become apparent.
The most common issues people miss are:
Damp or mould
- Poor plumbing
- Cosmetic issues with walls and ceilings
- Insufficient heating
- Low water pressure
- Levels of sunlight in main living areas
On average, people are spending ₤ 5,000 however this figure tends to be a starting figure with the costs rising up to £20,000.
Other checks to take note of are:
- Checking windows and window frames
- Asking the owner about utility charges
- Opening cupboards and wardrobes (checking walls from inside if possible)
It may seem intrusive but lifting carpets and moving furniture to see what’s below, flushing toilets, inspecting walls for fractures and videoing the watching can all save money down the line. These are all inspections you can carry out with little experience however for a more thorough check you can instruct a surveyor to carry out a survey.
A survey is a property health check, carried out on behalf of any individual considering the purchase of a property. The inspection will result in a detailed report providing information about the condition of the property and any areas of concern.
When buying a property there are three levels of survey to consider:
- A valuation is a basic review of a property undertaken to assess its value.
- A Homebuyer’s Survey is more detailed than a valuation and is carried out on behalf of the buyer. This survey type is generally suitable for most conventional properties that are less than 150 years old.
- A Buildings Survey involves a more in-depth investigation and is generally recommended for older properties or properties that have been significantly altered.
Gaining a thorough overview of the home you are due to buy is important as once contracts exchange you cannot usually retract from buying the house without incurring a financial penalty. If you have seen a property and you are unsure how to proceed get a FREE consultation with one of our conveyancing solicitors by contacting us today on 0161 413 2047 or email us at property@versuslaw.co.uk. If you prefer, you can use our online conveyancing calculator.
Industrial Disease Claims
For those of you that have experienced an injury at work, it can be classed as an industrial disease, unless it was the result of a one-off accident.
An industrial disease – which is sometimes referred to as industrial illness, industrial injury or occupational disease – describes an illness, injury or health condition that has arisen due to unsafe working conditions, practices or exposure to certain substances in the workplace, due to the negligence of the employer.
In certain cases, the disease can be severe or sometimes even fatal. Therefore, under the Health and Safety at Work Act, your employer has a duty to you as an employee and must ensure that your health and safety is protected whilst at work. Even if you’re no longer employed at the company where you sustained those injuries or disease, you may still be able to claim compensation.
Here at Versus Law, we help clients make Industrial disease claims following a range of symptoms and conditions, including:
- Hearing damage, including acoustic shock, tinnitus, and noise-induced hearing loss, caused by exposure to loud noise in the workplace
- Respiratory problems, including occupational asthma or silicosis caused by exposure to dust or fumes
- Asbestos diseases, which includes a number of lung conditions caused by exposure to asbestos fibres
- Repetitive Strain Injury (RSI), including carpal tunnel syndrome, ulnar neuropathy, bursitis, and vibration white finger
- Chemical poisoning, due to exposure to dangerous chemicals resulting in skin conditions like dermatitis and other conditions which depend on the type of chemicals, such as burns, asthma and allergies
- Osteoarthritis
A referral to Occupational Health should be made by your employer if symptoms are developed that you believe are a result of your working conditions. Your employer should be notified of your health condition immediately to ensure the appropriate changes are made to avoid further damage to your health. Furthermore, you should seek immediate medical attention as soon as you realise damage to your health, by seeing your GP. From there, depending on your condition, your GP may refer you for further tests to be able to make a diagnosis.
Making a Claim
When making an Industrial Disease claim, it is crucial an experienced lawyer is chosen. This is because industrial disease claims can be complicated. Our fully qualified lawyers have awareness and experience to help you get the best result.
Firstly, a detailed investigation into the individuals work history must take place. This may pose a threat to the case if the company went out of business or even changed their work practices. If this is the case, the claim can still be made by tracing the company’s insurers.
Moreover, there is a strict time limit from when you first started suffering from symptoms caused by your workplace to when the claim is made. Usually, it is 3 years from when the court would expect you to have knowledge that you were suffering from a disease. However, it is not always so straight forward or clear cut; which is why it is vital for you to contact us as soon as you think you may have a claim.
Here at Versus Law, we have helped thousands of clients throughout Manchester and across the UK to achieve the industrial disease compensation they’re entitled to on a No Win No Fee basis. To receive your FREE consultation with a personal injury lawyer, contact us today on 0161 249 5087 or email us at info@versuslaw.co.uk.
What is unfair dismissal?
Under the UK law, unfair dismissal is described as dismissing an employee without a fair reason.
There are however 5 reasons for a fair dismissal:
- Redundancy
- Poor conduct
- Lack of capability or qualifications
- A statutory duty or restriction that forbids employment from continuing—such as when a courier suffers a driving ban.
- Some other substantial reason that explains the dismissal.
With that being said, these are the types of unfair dismissal:
- A reason that the employment tribunal deems to be “automatically unfair”.
- Dismissal without a fair dismissal procedure.
Generally, employees can only claim unfair dismissal against an employer if they have a minimum of two years’ service. In 2012, the qualifying period increased from one to two years. This presents employers with some level of flexibility in managing and dismissing staff with less than two years’ service
Reasons that are automatically unfair
If an employee’s statutory employment rights are violated, dismissing them is automatically unfair. If the dismissal is based on any of the following reasons, the dismissal is also automatically unfair:
- Pregnancy
- Matters of maternity
- Trade union membership
- Whistleblowing
- Paternity leave
- If the employee refuses to give up rights under the Working Time Regulations 1998. For example, if they won’t give up a rest break.
- One of your employees tries to exercise their right to receive the national minimum wage.
Any form of discrimination is also automatically unfair if an employee suffers from unfair treatment due to one of their “protected characteristics”. Protected characteristics are:
- Sex.
- Sexual orientation.
- Age.
- Gender reassignment.
- Disability.
- Race.
- Religion and belief.
- Marriage and civil partnership.
- Pregnancy and maternity.
In order for an employer to dismiss an employee fairly they must follow the correct procedure. The procedure requires the following steps to take place:
- An informal chat with a note for improvement.
- A verbal warning.
- First written warning.
- Final written warning.
- Dismissal.
If however gross misconduct has taken place, the employer has the right to proceed straight to a dismissal. Information in relation to gross misconduct and dismissal should be covered in your employers policies and procedures.
What Happens During A Plea Hearing for Unfair Dismissal?
When an employee is being informed of the outcome of a disciplinary hearing it is recommended that this should be done in writing and proof of receipt is kept.
In this correspondence, explanation of what the employee did wrong should be explained and the reason as to why the employer has decided to move ahead with their outcome. If an employer does not follow the disciplinary procedure then they leave themselves open to an employee appealing the case.
Claims at the Employment Tribunal for Unfair Dismissal
All tribunal fees were abolished by the Supreme Court in July of 2017. This has led to a more than 118% increase in tribunal claims.
The maximum amount that you can be awarded as compensation for Unfair Dismissal is presently the statutory cap of £88,519, or 52 weeks gross salary- whichever is the lower. This is in addition to the basic award which can be ordered by the Tribunal of up to a maximum of £16,140. These figures are from 6th April 2020.
At Versus Law we offer a free initial consultation and are happy to answer any questions you may have about any form of work dismissal. Call us today on 0161 249 5087 or email us at info@versuslaw.co.uk
How to Get Redundancy Right
As an employer, making some of your employees redundant is a legitimate reason for dismissal. The process must be handled in the correct manner, otherwise, you could find yourself in trouble with the employment tribunal.
To ensure it is a fair redundancy process, the process must involve the following:
Consulting your employees
This is the most important step out of all of them. It includes an early announcement to those who you are considering to select for redundancy. It is vital to let your employees know that they are entitled to a one on one meeting, in which the employee is able to express their concerns and even alternatives to redundancy, which may have not yet been considered. It is important for the employer to have this meeting with an open mind.
There is no legal/ specific timetable the employer must stick to for consultations if less than 20 people are being made redundant. However, this should ideally take place as soon as possible to allow time for all employees to make suggestions and pose ideas as to why they should not be made redundant. There should be preferably at least two meetings before the decision to terminate the employment is confirmed.
- Reasonable selection pools.
Unless an entire department, team or role is being removed, a selection pool for redundancy will need to be identified, i.e. who is at risk of redundancy. From this pool, you will then choose who will be made redundant. As the employer, you will have the choice as to how narrow or wide the pool is. So long as you are able to show that these pools are not motivated by trying to accomplish a certain outcome, tribunals will rarely interfere with the selection.
- Reasonable selection criteria and scoring.
If there are a number of people in the selection pool, selection criteria need to be set to determine who should be made redundant from that pool. Typically the criteria will include things like attendance, disciplinary record, performance, skills, qualifications and length of service. This is a way to ensure the decision is made based on a fair and objective criterion. You may also give certain categories more weighting than others if as an employer you value that one category more than others.
It is vital that you consider whether the selection for redundancy was discriminatory, for example, absence on the grounds of a disability or pregnancy. Ideally, there should be two managers to evaluate each employee. This is to give a fair and unbiased score.
- Considering alternative employment.
Conclusively, as the employer, steps should be taken to decipher whether there are other positions available to offer to your employees within the immediate business. Even if the offered position is considered to be beneath the employee that is soon to be made redundant, it is important to offer them the position and leave it up to them whether they accept or decline the offer.
What should I do next?
If you would like legal advice regarding the topic of redundancy, please complete the enquiry form or call us on 0161 249 5087 so we can help you to determine if you have a case and discuss your options.
Unjust Treatment in the Workplace
In an ideal world, no one would be treated unfairly at work. Unfortunately, this is not an ideal world and problems do arise. These things are important to track as they can lead to discrimination cases – subsequently leads to decreases in workforce motivation/ performance.
What is unfair treatment?
Unfair treatment is when an employee is treated differently to others for reasons that are not related to their job. This can take form in four ways:
- Bullying
- Discrimination
- Harassment
- Victimisation
Employment law:
Unfair treatment at work is not acceptable, irrespective of the form it takes and therefore should be stopped and resolved as soon as possible. In some cases the unfair treatment can be a breach of the law.
Bullying is seen as behaviour/ actions from a group/ person that is unwanted and makes the employee feel uncomfortable. If this becomes workplace harassment, it can become a legal issue.
The Equality Act of 2010 offers protection if you are receiving unfair treatment and have a protected characteristic.
These characteristics include:
- Age
- Race
- Sex
- Gender reassignment
- Disability
- Religion or belief
- Sexual orientation
- Marriage
- Civil partnership
- Pregnancy
- Maternity
What are the consequences of unfair treatment at work?
Whether or not unfair treatment has direct or indirect financial ramification, it is still vital to ensure employees have a fair workplace. When employees are treated unfairly, their morale and productivity plummets.
It is important to understand the consequences of the unfair treatment and how it affects the employee and employer.
Examples of unfair treatment at work:
There are many forms in which unfair treatment can take place. Below are some example scenarios:
- Unfair treatment by a peer: slander or the spreading of gossip about fellow employees.
- Unfair treatment by a supervisor: if a manager dislikes their employee and makes their work life difficult. This can include unfair criticism or setting tedious tasks
- Unfair treatment by a subordinate: when a staff member is going over their head and has their work demoralised even when they are competent at their job.
If you feel that you are being treated unfairly and have any support needs or questions you may have about unfair treatment at work, call us today on 0161 249 5087 or email us at info@versuslaw.co.uk
Medical Negligence – Common Questions Asked
When insufficient care is provided to a patient by a medical professional, resulting in injury or worsening of an existing case, this is referred to as medical negligence. There are a handful of ways negligence may occur; from misdiagnosis to surgical mistakes, or even providing the incorrect dosage of medication.
Although claims of medical negligence claims may seem complicated, we at Versus Law are here to make it simple and make the process as easy as possible for you.
How can I win a medical negligence case?
For a case to be successful we will need to prove that medical negligence took place, which resulted in an injury or worsened an existing condition. For more information on that read our ‘how to prove medical negligence’.
How much is the amount of compensation I can claim?
The amount of compensation is dependent on a range of things:
- The care you will require in the future
- Expenses that have occurred
- Extent of injuries or illness as a result of the medical negligence
Will attending court be necessary?
Complex medical negligence cases are usually the only ones that go to court, otherwise these cases rarely do end up in court. If the case does go to court, we will be able to provide help and support through the process.
What are the time limits for medical negligence claims?
Generally speaking, you have about 3 years to make a claim from the date of the injury.
Is it possible to claim against the NHS?
It is possible to have a claim against the NHS if you have been injured or suffered a worsening of an illness due to the negligence of the NHS.
Can a claim affect my treatment?
It is very rare that claims can actually impact the treatment that is being given and usually claims do not affect treatment. If there are any apprehensions regarding this, we are more than happy to assist.
How long do cases take to settle?
Here at Versus Law, we try and settle claims as promptly as possible, whilst providing a compassionate service.
Here are the most common surgical mistakes:
- Failures to diagnose appendicitis
- Failures to diagnose ectopic pregnancy
- Perforation of the bowel during abnormal pregnancy
- Haemorrhage after gynaecological surgery
- Wrong size prosthesis being used in surgery e.g. knee or hip joint
- Damage to the bile duct following gallbladder surgery
Will a medical examination take place if I make a claim?
It is highly likely that a doctor will need to assess the extent of the damages or injuries that may have taken place due to medical negligence. It is vital to obtain the professional opinion of another medical expert to assist you in your claim.
Is it possible to make a claim on behalf of a child?
It is possible for a parent or guardian to make a claim on behalf of their child.
We offer a free initial consultation about any questions you may have about placing a medical negligence claim. Call us today on 0161 249 5087 or email us at info@versuslaw.co.uk
How to Validate Your Will
There are many steps that go into writing a will, one of which is ensuring your will is valid. If your will is not valid, it could lead to an array of problems in the future, such as those in your will not receiving your estate.
How to ensure your will is valid:
There are 3 main factors that make a will valid:
1. It must be written by you and signed with your signature
2. When you’re signing the will, there must be at least two independent witness
3. You must have the mental capacity to write the will, understand what you are doing and the effects of the will
4. The will and signature on it must have been done voluntarily
Signing the Will
When you’re signing your will, this must be done in the company of two independent witnesses. These witnesses must also sign your will in your presence. Therefore, all three of you should be together, in the same room signing the will.
Those who will be in receipt of the will must not act as witnesses to the will as this will lead to the loss of their inheritance. Furthermore, recipients should not be in the room whilst the will is being signed.
How to go about writing a will if you have an illness or dementia
If you unable to sign the will, you may ask someone to sign it on your behalf. However, this must happen with you present in the room, with the will being signed at your direction. It is important to note that you must have the mental capacity to make the decision yourself, otherwise this will invalidate the will. Furthermore, the will must have a clause stating that you understood the contents of the will prior to you signing it.
Updating your will
Your will should be reviewed every 5 years subsequent to any substantial changes in your life. For example, the birth of a new family member such as a grandchild or the purchase of a new home.
You mustn’t ever make modifications on the original will. However, if there are minimal changes to be made, you may add a supplement – codicil. This tweak will then mean the will needs to be signed again – however, the witnesses may be different to the original ones.
Interested in learning how we can help you to prepare and execute all Will and probate requirements?
Get a FREE consultation with one of our solicitors in Manchester by contacting us today on 0845 555 0606 or email us at info@versuslaw.co.uk. If you prefer, you can complete our contact form.
Top tips for buying a care home
When buying a care home, there are numerous factors to consider, things you can do to ensure the process runs smoothly, and ways to make sure you are getting the most out of your transaction.
Here are our top 5 things to consider when buying a care home.
- Is the care home registered with the Care Quality Commission (CQC)?
Whether you are purchasing the care home as an individual, partnership or organisation, you must be registered with the CQC. If any of the 14 regulated activities are taking place, such as personal care, nursing care, and accommodation – registration is obligatory.
The registration process takes a minimum of ten weeks, assuming there are no queries with the application. It is best to make the application sooner than later if you are not already registered and require a quick acquisition.
- Make sure assets are maintained
When making such a purchase, assets such as the kitchen equipment, lifts and on-site washing/cleaning equipment should be maintained. Proof must also be provided of the maintenance work that has been carried out. If maintenance hasn’t been carried out, the buyer will have to deal with the maintenance bill themselves.
- Will it be a wise investment?
Research of profit is important when making such a purchase. Therefore, we would recommend researching the ratio of private to publicly funded residents at the care home. Care homes with a higher number of private paying residents usually have higher profit margins.
- Acquainting yourself with the current staff
Before the purchase of the care home, we would recommend acquainting yourself with the key staff. This is fundamental for a successful transition when running the business. This includes making sure each employee is capable of fulfilling their role and putting measures in place to make sure they have all the necessary training and qualifications.
Being fully accustomed to all staff members is vital. Whether it is their contract or salary, it is important to understand all aspects of the care home.
- Does the building have the relevant permission for the intended use?
Make sure the property has no restrictive covenants and has all the relevant planning permissions to use the building as a care home. For example, there may be limits on the property not allowing the property to be used for trade purposes.