Your legal questions answered by Fahmida Ismail, Partner, Sydney Mitchell.
As published in the legal pages of the Birningham Post, October 2012.
Q. Another firm took us over and I was given a form to fill in called “Employee Engagement Details” asking for, name, address, date of birth and so on. Is this a contract, and can I lose my job because I didn’t fill it in? I found out I was pregnant two weeks later, and they say I wasn’t signed up and don’t want to know.
A. Under the Transfer of Undertakings (Protection of Employee) Regulations (TUPE) contracts of employment automatically pass to the new owners when there is a business takeover/sale, and employment rights, including periods of continuous employment, are preserved. A dismissal as a result of a TUPE transfer is usually automatically unfair, as is a dismissal because of a pregnancy. If your employer won’t discuss this further, get advice from a solicitor as there are several claims you may be able to raise.
Q. My ex partner still lives in my house with my son, against my wishes. The house is in my sole name, but I haven’t been able to get it valued in order to sell it. My ex-partner hasn’t been paying the mortgage and I am now receiving court papers that will lead to the house being repossessed.
A. Your ex partner may have a claim on your property for the benefit of your son. As the mortgage is in your name, you are solely legally responsible for paying it. I suggest you contact your lender and try to reach an agreement with them to stop the proceedings. In the meantime find a solicitor specialising in family matters who can perhaps negotiate between you and your ex to avoid litigation that would be costly for you both.
Q. We are renting an office in a building on an unmade road. The road leads from a named road down to a playing field. The building used to be a depot for the sewage works, which have now been turned into playing fields. Who is responsible for the maintenance of this road?
A. The simple answer to the enquiry is that you will be responsible for the upkeep of the road only if the lease says you are. Your landlord may have some responsibility and should know from when he bought the property. Otherwise it can be a lengthy business establishing who is responsible for maintaining unadopted roads.
For further information in relation to any of these issues please contact the Sydney Mitchell specialised team on 0121 746 3360 or fill in our online enquiry form.
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