Your legal questions answered by Fahmida Ismail, Partner, Sydney Mitchell. As published in the legal pages of the Birmingham Post, November 2012.
Q. My flatmate has cancer. Her employer makes no allowance for the fact that she has to attend chemotherapy sessions or is often very ill. She not only has to make up for any time she takes off, she is often called on to do overtime. I don’t think this is helping her beat the disease.
A. Under the Equality Act, people suffering from progressive diseases such as most cancers, HIV, arthritis and multiple sclerosis are protected as disabled from the point of diagnosis. That means they should not receive less favourable treatment than others in the workplace, and their employer must make reasonable adjustments to their working conditions. This might mean more flexible working arrangements including time off for medical appointments and reduced hours. Your flatmate should ask a solicitor to write to her employers if necessary.
Q. My grandmother died ten years ago, and I’m now told that I am a beneficiary of her will. But the will has not gone to probate. One of her sons is executor of the will, while the other still lives in her house. My mum is the third child. The executor won’t provide me with a copy of the will.
A. In order to force the issue you or your mother could apply for an order that requires your uncle to bring the will to the court. An application notice would be needed with a supporting statement as to the basis on which you wish to apply. In relation to your uncle’s residence in the house, unless the will gives him the right to stay in the house, it will probably have to be sold. This is a tricky problem and I recommend you see a solicitor.
Q. I live in the middle of a block of four houses. My gutter is attached to next door’s, where there’s a downspout, but because the owner has removed the box the water backs up in heavy rain and spills over on to my bay window, which is now leaking in. Next door is rented out, and I can’t seem to get the landlord to do anything about this.
A. Check your title deeds. It’s almost certain that you will have the right to drain water through the gutters of property on the other side. If this is the case you could if necessary get a court order requiring your neighbour to take action. If you have already warned the landlord about potential damage to your bay window you may be able to get him to pay for repairs. A solicitor’s letter to the landlord may get things moving.
For further information in relation to any of these issues, please contact Fahmida and the Sydney Mitchell team of specialised lawyers on 0121 746 3360 or fill in our online enquiry form.
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