Archive for the ‘Law Rights’ Category

Employment Law What are your Rights?

February 20th, 2012 by admin

The legal rights of workers in Britain have evolved steadily over the past few centuries, moving from a system in which child and slave labour were accepted to one that confers numerous rights on employees. Though employment law is subject to change, its principal aim to ensure the equitable treatment of people in the workplace continues to provide employees with a degree of security.

Solicitors
Employment law advice is available from various sources, but few can claim to be as knowledgeable, helpful and capable as specially trained employment law solicitors, whose job it is to understand the law and apply it in the interests of their clients. Employment law solicitors are usually only called upon when disputes arise in the workplace, such as when employees believe they have been dismissed unfairly.

Areas of Employment
Some branches of employment law share common ground with other specialities, including personal injury, contract and human rights. The areas of employment law most often dealt with by lawyers include claims for unfair or wrongful dismissal, constructive dismissal, redundancy, working hours, discrimination, harassment, occupational illness, maternity and paternity rights, employment contracts, TUPE (mergers), dispute resolution, minimum wage, salaries and bonuses, disclosure and civil litigation. Each of these areas is likely to feature numerous types of legal issue.

Dismissal
Employment law solicitors are no more useful than when they help clients win back their jobs – or receive damages – after being unfairly or wrongfully dismissed. Lawyers can assist clients by briefing them before and during an employment tribunal, although many cases are resolved earlier through mediation. Employment law aims to balance the sometimes competing interests of employers and employees to reach settlements that are legally just or equitable.

Discrimination and Harassment
Two other important areas in which employment law serves to protect workers are discrimination and harassment. Discrimination can adopt various forms, but most claims are based on issues of sex, religion, age or disability. Every person ought to have an equal chance of succeeding in the workplace, but many find that employers limit their prospects for reasons that are not connected to ability or performance. Workers can also take legal action against their employers or supervisors if they are harassed or bullied in the workplace.

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Accident Compensation Claim for Truck Driver Crushed by Eggs

November 18th, 2011 by Admin IQY

A truck driver has been awarded compensation by his former employer after an accident at work resulted in him being crushed by thousands of eggs.

The 600kg load of eggs caused Phil Stacey, 60, serious injuries after he lost his footing whilst loading the eggs onto the back of a lorry.

He said: “I was clinging on as I didn’t want to see umpteen thousand eggs smashed to pieces, but they did. It was a complete mess.”

During the accident, in 2008, Mr Stacey suffered serious injuries to his shoulder, while his employers denied that there had been an accident, let alone one in which an injury had occurred.

He said: “I was pulling the eggs on to the back of the lorry, over the tail lift with a manual pump on a forklift, like I’d done countless times before. The lorry was mucky and needed cleaning out. I had to give them a yank to get them in and I lost my footing.”

After reporting the incident to the transport office, Mr Stacey was forced to stop lorry driving and seek medical help when the pain became too much to bear. He was also eventually made redundant by his employer.

He said: “I’ve been driving a lorry for years and years. However, I’d never had any weight training or lifting training from the company. The accident was not put in the book.”

Mike Clarke, the accident claims solicitor who handled the claim, said: “Mr Stacey was working in the evening on his own and there were no witnesses to his fall, although he rang his transport office immediately to report it.

“Although the defendant’s insurers admitted various breaches of employment regulations, they flatly denied that there had in fact been any accident. Even if there had been a fall, they alleged that it had not caused his injury and that in any event he had been partly to blame for it.

“After detailed investigation, we started court action and shortly afterwards, the insurers were persuaded to negotiate with us. We secured a substantial sum in compensation for Mr Stacey, who is now back at work with another transport company.”

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Vet Wins Unfair Dismissal Claim Against Cornish Animal Charity

October 27th, 2011 by Admin IQY

A vet in Cornwall has won his unfair dismissal case against a Cornish animal charity. Matthew Thomas was dismissed by the Cornwall Animal Ambulance and Hospital Charity, which cited breach of trust as the reason for dismissal. This came after Thomas circulated a Charity Commission letter among the charity’s trustees which said some trustees had been wrongly removed. He was sacked thereafter.

The employment law tribunal heard that Mr Thomas was unfairly let go for making the disclosures. The claimant went on to explain that he had been assured that the removal of trustees was not illegal by the executive trustee’s chair Jenny Jarram, secretary Pat Holloway and treasurer Trevor Chalker.

The Charity Commission was already in the process of investigating the Cornwall Animal Ambulance and Hospital Charity before the controversy of Mr Thomas’s dismissal. Mr Thomas said that it was not long after joining the organisation that he discovered that the Charity Commission had not agreed with the removal of former trustees, and when Mr Thomas pursued the matter he was threatened by Chalker to ignore the commission or face the sack.

“Phrases along the lines of ‘if this information is spread to anyone else then you may be called in for disciplinary action’ [were uttered].

“It was quite clear if you circulate these emails you may lose your job.”

Mr Thomas contacted the six Trustees he believed to be those stuck off and was dismissed shortly afterward. But My Chalker claims he had been happy for Mr Chalker to speak to the commission.

He said: “We as the trustees acted in the best interest of the charity throughout this whole affair.

“As far as we’re concerned reporting the matter to the radio and screaming it from the roof tops has only one end result, which basically can cause great damage and harm to the charity, which we as the trustees certainly don’t want to see happen.”

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Accident Claims Against Scottish Councils Pay Out After School Trip Accidents

October 17th, 2011 by Admin IQY

A pair of Scottish councils has been required to pay out a combined £7,000, in accident claims following an accident on school trips over the past two years.

Highland Council paid out just over £6300 between 2009 and March of this year in compensation claims, while Edinburgh City Council paid around £600 in compensation for the same period. However, it still has one claim outstanding.

These figures were uncovered using freedom of information requests, and were not accompanied by details regarding the nature of any of the injuries.

The compensation claim figures were published in a report by the Countryside Alliance Foundation called Teaching Children Outside the Classroom. The Foundation are calling for Scottish children to participate in more outdoor activities and learning after a report proved that parents had ‘strong support’ for such a programme.

A representative of the group, Ross Montague, said: “Our sister charity, the SCA Educational Trust, has always found pupils and teachers to be extremely enthusiastic when outdoor education opportunities are offered. Stumbling blocks are often put in the way, with parent and council anxieties over health and safety issues cited as reasons to avoid outdoor education.”

A total of 21 successful accident compensation claims, relating to accidents during school trips, were made against four councils within the two year period.

Seven accident claims were made against Highland Council alone, making it the most liable all of the councils, concerning school trips. Other councils accused against include North Ayrshire Council and Dumfries and Galloway Council. No compensation money was paid by either council during that time.

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Why you need legal help

April 1st, 2011 by admin

We are likely to need legal help at least once a year, yet most of us do
not actively seek legal help.

This is borne out of data from a survey
conducted by Leo J. Shapiro & Associates, on behalf of the American Bar
Associations Section of Litigation, which shows that close to three
quarters of American adults experience some event during a twelve-month
period that may require the services of a lawyer. Over half of those who
needed an attorney chose not to hire one, and close to 80% of those yet to
experience legal problems gave strong indications they might go down the
same route.

Why all the doom and gloom? Price is the most sticking point
for most consumers. When it comes to hiring a lawyer, hourly fees of $100
up to $1000 are out of reach of most peoples budget. And then comes the
trepidation of searching for a good attorney and the right service: there
is a lot of uncertainty and confusion as what a lawyer will do, and how to
tell the good from the bad.

A legal plan may solve these problems and change the way you think of legal
services. Thanks to this arrangement, you can now talk to a lawyer whenever
you have a problem, without fear this will leave you out of pocket. In
fact, you dont even need to be embroiled in a legal problem to get legal
advice: just pick up the phone, call your attorney and get the necessary
legal advice susceptible of resolving any potential problems with
professional legal advice and follow-up, you can prevent ninety percent of
your legal questions becoming legal problems. Basic services such as the
drafting of your will, review of sample health contracts and writing
letters on your behalf are handled at no cost to you. If you want further
coverage to include family problems, such as a divorce or custody of
children, and any legal representation in court, then you simply pay a
premium and get more inclusive coverage.

Even if your plan doesnt cover complex legal matters, it can still save
you money on those sky-high attorney fees. Discounts of up to 20% are
offered on hourly and flat rates. Ultimately, its not all down to how much
you can save. Having an attorney readily available at all times gives you
peace of mind, in the knowledge that there is someone you can use on
retainer for advice and help on anything of legal nature.

P

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Who is involved in Legal services?

March 24th, 2011 by admin

When you subscribe to a pre-paid legal service, you are likely to deal
with an attorney and a number of other individuals and organisations who
are involved in one way or another with the service. Its important to
understand the role of each participating party in a legal service plan,
particularly when youre unhappy with the service or when fee disputes or
any other litigation with your provider arises.

So, who is involved in your pre-paid legal arrangement?

Your Lawyer

You get to choose your attorney from a pool of attorneys in the network.
Your lawyer is your point of contact for any phone advice or office
consultation. He is the one who furnishes other legal services specified
in your written agreement with your provider: he drafts your will, reviews
simple contracts for you, writes letters on your behalf and makes phone
calls to adverse third parties.
If you are unsatisfied with the quality of work you are getting from your
current attorney in the network then you have the choice of choosing
alternate attorneys. You can also make a complaint to your providers
in-house charge of complaints.

If you benefit from legal services under a group plan scheme then there are
a number of parties who are involved in this scheme.
First the contracted firm, just as is the case with an individual plan, is
the one which provides all the legal help through its network of attorneys.
There are also two parties involved in the deal: a plan administrator and a
plan sponsor.

A plan sponsor is the organisation you are member of, which sponsors your
legal plan. Your sponsor can either choose to provide the legal services as
a fringe-benefit, as is the case with most employers, pre-charge for the
service – universities usually charge for any legal service as part of
tuition fees or charge low-costs, as do trade unions under a
group-bargaining scheme.

Your plan administrator is the person appointed by your sponsor to arrange
for the panel of lawyers from the contracted firm to provide services,
collects all the fees paid into a pre-paid plan, publicizes the plan and
handles enrolment and marketing. The administrator may be a an employee of
the sponsor, an insurance company or an outside firm.

Regulating Authority

Authorities that regulate pre-paid plans provide you with an outline of how
pre-paid legal services are managed and also an outlet in case there are
any complaints.
Individual pre-paid legal plans are generally regulated by your state
department of consumer affairs.
If you are an employee participating in a group plan funded by your
employer, then the legal services are covered and regulated under the
deferral Employee Retirement Income Security Act (ERISA).

PP

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Want to Save Money? Support Legal Reform

March 11th, 2011 by admin

What would you do with an extra $886 each year? Pay off your credit cards? Get braces for your child? Make an extra mortgage payment?

For anybody, $886 is a lot of money. But that is exactly how much you and every man, woman and child end up paying each year to cover the cost of litigation in America. According to a new survey by Tillinghast Towers Perrin, tort lawsuits – civil cases involving an injury or wrong – cost Americans $260 billion in 2004, or $886 per citizen.

Americans are justifiably outraged by this sobering statistic. They want to know how this happened and what can be done to fix the problem.

In the past decade, more plaintiffs’ lawyers have exploited flaws in our legal system in search of jackpot justice. They tend to sue companies with deep pockets. Then they shop around the country looking for courts and judges who will most likely rule in their client’s favor, regardless of the merits of the case. While clients may or may not end up with a generous verdict or settlement, trial lawyers almost always make out well, taking home millions for themselves.

The U.S. Chamber Institute for Legal Reform is fighting back. One way we do that is by letting the public know which states have the fairest or most balanced legal systems. ILR just released its fifth survey of state liability systems, conducted by Harris Interactive. Over 1,400 corporate counsels ranked the best to worst.

This year’s top five states are Delaware, Nebraska, Virginia, Iowa and Connecticut. And the worst? West Virginia, Louisiana, Mississippi, Alabama and Hawaii. Dishonorable mention goes to Wisconsin, which dropped 13 places in just two years.

Why the ranking? Because companies are reluctant to do business in states with a reputation for lawsuit abuse. And frivolous lawsuits drive away jobs, businesses and doctors. In the end, lawsuit abuse hurts you and your pocketbook.

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Types of Legal Plans

February 25th, 2011 by admin

A prepaid legal plan is a scheme based on the payment in advance of a set
fee to defray the cost of providing future legal services to the members
enrolled in the scheme. They vary in cost, scope of legal coverage provided
and how the legal services are provided. We will look at the different
types of pre-paid legal plans available in the United States and how to
enrol into them

An individual pre-paid legal plan is readily accessible to the general
public. There are two types of individual plans: access and comprehensive.
An access pre-paid legal plan is the most basic plan. It is designed to
give easy access to lawyer and a set of simple legal services for a low
cost. Basic services furnished include unlimited toll-free phone access to
your attorney for consultation and advice, letters written by the lawyer on
your behalf, brief office consultation and the drafting or review of simple
legal documents.

Complex legal issues not covered will be subject to an hourly or flat rate
negotiatable with your provider

The comprehensive plan goes beyond basic legal services, to offer more
complex and comprehensive coverage for a premium in cost. Generally, all
the benefits of an access plan are provided at no cost to you, plus a
broader range of services like drafting complicated legal documents,
negotiations with adverse parties, legal representation in court cases such
as divorce and child custody. They also cover all the costs involved in a
legal litigation. Comprehensive plans typically start at $300 per year and
are most beneficial to middle-class families.

A group legal plan is typically sponsored by an organization as a fringe
benefit to its members. The lawyer or law firm contracted provides free or
low-cost legal coverage to all members of the sponsoring organization.
Employers, labour unions and even universities are now increasingly
offering group legal plans to enhance the value of their benefits package
and reduce the cost of administrative burden. Law firms are contracted to
provide participating members telephone and office consultation for their
most frequently needed legal matters. These typically include: Preparation
of wills and trusts, document preparation and review, debt and real estate
matters and family law.

Additional legal coverage can be contracted according to a fee schedule
negotiable between the plan sponsor and provider, and publicised to
participating members.

PP

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Tips from Professional Painting Contractors

February 13th, 2011 by admin

During the final stages of a painting project, taking a tour through the area and assessing the quality of the job should be first on the to do list. Here are a few tips from professional painting contractors for a finished surface inspection. If possible, examine the painted surfaces in both natural daylight and artificial light. Different anomalies may be visible in different lighting conditions.

Even Coverage

Look for paint coverage that’s evenly and consistently applied. For finding uneven or patchy coverage, your best bet will be to check around window frames and adjacent corners. Make sure that the lines of the paint job are clean and even and that there are no gaps in coverage.

No Blemishes

Look for bumps, cracks, strange adhesions, and other anomalies on the surface. These blemishes are often the sign of improperly applied coats, or unforeseen complications in the process. If something is wrong, point out the area to your painting contractor and ask for an explanation.

No Bleed Through

A properly finished painting job requires several coats of product for even coverage and good protective qualities Check to make sure that you can’t see any of the old paint through the new paint layers. Similarly, watch out for primer bleeding through the fresh paint.

Looks Good Up Close and from a Distance

Finally, step back and look at the overall results of the project. Occasionally, subtle problems do not reveal themselves until you take a step back and look at the big picture. If you spot something that is just a little off, it may be a sign of a flaw that slipped by a close-up inspection. Take another swing through the project to discover any hidden flaws.

You don’t need to do a rigorous inspection all on your own. Good painting contractors will help you appraise their work and walk through the finished project with you.

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The Lowdown on Contractors’ Business Credit Cards

February 4th, 2011 by admin

All the major business credit card issuers have set their eyes on the growing small business credit card market and are trying really hard to get a bigger slice of the pie. They have also realized there is a strong segment of the small business credit card market that could equally benefit from the features of small business credit cards: the group of small contractors and construction companies.

The business credit cards designed for contractors have the objective of inducing them to do away with invoice-based payments by check and to rather shift to more frequent use of their business credit cards. An industry study has shown that less than 5 percent of all spending in 2006 was done by charging the expense to the business credit cards of business owners. The business credit card issuers would prefer small business owners to think of using their business credit cards for everyday business-related expenses and not just for travel and entertainment.

MasterCard launched its industry-specific business credit card designed for construction companies last year. This card also allows longer payment cycles than usual. A similar program for business credit card holders is offered under Chase Contractor Visa Business credit card program. These programs give access to promotional financing and enjoy a strong rewards package. There is no pre-determined limit on spending. This enables contractors to pay bigger-ticket business expenses by using their business credit cards instead of writing checks. Purchases of construction materials amounting to at least $1,000 will be subject to a longer 60-day payment term; purchases below $1,000 will not qualify for this promotional financing benefit.

There are limitations that you should bear in mind, especially if you are angling for the rewards points and discounts. The bonus points are earned only on net purchases that are made with contractors that have classified their merchant locations to the company as contracted building services, building and construction materials, and landscaping services.

There is a limit to the bonus points that can be earned in the categories mentioned above: 20,000 points per month. That is equivalent to $20,000 worth of purchases on your business credit card. However, there is no maximum number of base points that can be accumulated. You will need to distinguish between the two point types.

The business credit card holder should examine the fine print closely to inform him- or herself with the particular services, materials and products that will qualify for rewards points if paid with their business credit cards. The qualified merchants may not be quite as confined as those of the usual branded business credit cards, but still there are limitations.

Your business credit card has no pre-determined limit on spending. But that does not mean you can spend indiscriminately. If a particular purchase amount will result in your business credit card account going over your credit limit, only the portion that falls below the limit will qualify for the rewards points. Beyond that, every charge that causes a breach in your credit limit will be subject to evaluation before it is authorized; the evaluation will take into account both your spending pattern and payment history.

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