GHP Insights

News, Q&As and Press Releases From Our Team

Q&A - Can dismissed self-employed worker take me to a Tribunal?

Q:  I engage a number of entertainers to work in my restaurant bar six nights a week. They work on a rota basis and are treated as part of the team, attending meetings etc., but they are all self-employed. One of them has let me down several times recently, and because I was unable to fill her slot in time I decided to terminate her contract and engage someone more reliable. Now she says she has made an appointment to see a solicitor about taking me to a tribunal for unfair dismissal because she had a valid reason to be off work. How can she do that when she is self-employed?

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Q&A - Can I stop my ex-wife from moving our daughter to another school?

Q:  My daughter lives with my ex-wife. Without even discussing the matter with me she announced last week that she is going to move our daughter from her existing secondary school to another school in September. I am not happy about this arrangement as I have heard less than favourable reports about this other school.  I have tried to talk to my ex-wife but she won't listen and says it is nothing to do with me because our daughter lives with her. What can I do?

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Q&A - Can we suspend employee without pay?

Q.  We have an employee who has been arrested and charged as it is alleged he has stolen large amounts of money from our company.  The employee is not in custody and we do not want him to come into work so we want to suspend him.  His contract of employment allows us to suspend him with pay. However, as the allegations are so serious we want to withhold his pay during the period of suspension. If after we have investigated there is no case to answer, we would then pay him full backdated pay.  Can we do this?

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Q&A - Does lodger have legal right to stay in house without written agreement?

Q:  I took in a lodger as I needed extra money. He has his own bedroom and uses shared facilities with me. I now want to move away and rent the property out formally to someone else. I have asked him to leave but he is refusing to move out. He says because I accepted money from him he now has a legal tenancy as he has been in the property over 12 months. We have no written agreement. What can I do?

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Q&A - Dealing with probate when the deceased's assets are in two countries

Q:  My parents moved to South Africa some years ago. They won't talk about what might happen to their estate when they die and I am concerned that I and my siblings might be left with a problem as they have assets both here and abroad. Is there anything we need to know about probate in such circumstances?

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Q&A - Do I need extra provision to protect my children's inheritance when I remarry?

Q:  After my first wife died I changed my Will, leaving everything to my three sons. Recently I have been blessed with meeting someone else and we are getting married. The lady in question is financially independent and we will live in my house after we are married and rent her house out. When anything happens to one of us we will revert to living how we did before and our respective children will remain sole beneficiaries as per our current Wills. Do we need to make extra provisions?

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Q&A - Corporate Manslaughter - Employer responsibility for company vehicles & drivers

Q:  I have several pool cars which staff use when making company visits. What are the implications for employers under the Corporate Manslaughter & Corporate Homicide Act, if for example an employee caused a fatal accident whilst driving a company vehicle?

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Q&A - Can I be held responsible for deceased benefactor's underpaid tax?

Q:  Two years ago I and another beneficiary who was also Executor, inherited equal shares of an uncle's estate. After gaining probate the Executor, who lived in the US, sadly died. I later received a demand from HMRC for several hundred pounds, an equal portion of monies purportedly owed to them by my uncle for underpaid income tax. I informed them of the other beneficiary's passing and now they say I am liable for what is owed in full. Can this be right?

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Q&A - I believe previous tenants' debts are affecting my credit rating

Q:  I have been living in the same rented house for almost a year. The tenants who lived here before me left considerable debts behind and I have had bailiffs knocking on my door on more than one occasion. Now I have been refused a loan and I am worried it is because the address I live at has been blackballed due to the former tenant's debts. What can I do to clear my name?

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Q&A - Employer ignored broken chair that caused back injury. Can I claim compensation?

Q:  Months ago I complained to my employer about my broken desk chair which was forcing me to sit in the wrong position for typing. Nothing was done and I started getting back pain. My GP sent me for x-rays and it transpires I have a collapsed disc which has trapped a nerve in my back and requires an operation. I was told the operation may not cure the pain and I could be left with impaired movement. Can I sue my employer for compensation?

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