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Who can bring a claim for financial provision?

People who can make a claim for financial provision are set out in the 1975 Act.  The categories are as follows:

  • Surviving spouses or civil partners of the deceased;
  • Former spouses or civil partners of the deceased;
  • Cohabiting partners who lived with the deceased for a least 2 years prior to their death;
  • A child of the deceased;
  • Someone treated as a child of the deceased’s family (for example a step-child); and
  • People who are “maintained” by the deceased – sometimes referred to as people who financially depended upon the deceased.

Related FAQs

What happens if a patient is admitted to critical care during the pandemic?
  • On admission to critical care, the risks, benefits and likely outcomes of the different treatment options should be discussed with patients, families and carers so they can make informed decisions about their treatment wherever possible.
  • A member of the critical care team should be involved in these discussions whenever the patient or team needs advice about critical care to make decisions about treatment.
How much do I have to pay to make a claim?

We can deal with most claims on a No Win No Fee Basis. This means that we only get paid if we win and you are awarded compensation.

Are all employees required to stay at home?

No, where employees cannot work from home, and it is safe for them to return to work, they should do so.

Can employees on fixed-term contracts be furloughed?

Yes. Their contracts can be renewed or extended during the furlough period without breaking the terms of the scheme.

If the employee’s contract has not already expired, the contract can be extended or renewed. The employee may be furloughed provided that they were employed on or before 30 October 2020. You must also have made a RTI submission to HMRC between 20 March 2020 and 30 October 2020.

If the employee’s contract expired on or after 23 September 2020, the employee can be re-employed and furloughed. Please note that the employee must have been employed by you on 23 September 2020 and you must have made a RTI submission to HMRC between 20 March 2020 and 30 October 2020.

 

Reductions in salary

An obvious cost cutting measure is to reduce salaries, either temporarily or permanently. If you are to seek a reduction in salaries, this should be done fairly – either across the board or by selecting teams/individuals based on objective business reasons.

Note that this cannot be imposed without significant risk. Without agreement, this would need fair selection and consultation.