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Who pays?

In general terms, if a dispute goes to court then the losing party will have to pay both their own and the winning party’s legal costs.

Ward Hadaway can offer a number of options to help your financial outlay, including acting on a fixed fee basis or a no win no fee arrangement.

We have been offering no win no fee arrangements now for over 20 years.  We know that good legal advice is expensive and in most cases, if the case is strong, we can work with you to find a way of bringing the claim.  Costs will be discussed with you in detail before you have to pay anything.

Related FAQs

How do I remain compliant and cover any risk?

Data on properties, and people, has never been more important.

Given that compliance is at risk here, such a decision must be made by the Board to ensure good governance. Board approval should be sought and recorded for the approach the organisation is taking.

It is essential that you continue to record your data on compliance and report to your board at all times, and that there is a clear audit trail for issues with access, and if appropriate to the Regulator. Access issues as a result of self-isolation should be readily identifiable.

Operatives need to be provided with the tools to operate in as safe a way as possible:

  • Checklist of questions to ascertain occupant’s current health
  • Protective equipment (masks, gloves, over clothing)

The Gas Safe website is a useful resource for updates: https://www.gassaferegister.co.uk/help-and-advice/covid-19-advice-and-guidance/

Do all contractors have to be assessed?

Individual contractors who are not operating via an intermediary (eg sole traders) do not need to be assessed under IR35. However, you will always have the risk with those individuals that there is no intermediary – therefore if their tax status is wrong, HMRC are very likely to consider that responsibility for this would fall on the hiring company in any event.

Do I need to treat everyone the same and bring them all back at the same time?

No. You should always treat employees consistently and fairly, but this doesn’t mean treating them all the same, or applying the same requirements. For those employees who have been homeworking and doing so without any problems, then they should be allowed to continue to do so.

We would anticipate that the vast majority, if not all, businesses will be approaching the return on a phased basis, which inevitably means some employees returning to work sooner than others. In reality then, you aren’t treating everyone the same, but try to be fair and consistent; you need to do what works best from a business perspective, but can you rotate people, require them to come in at different times etc. Where people perceive that the planned return is being worked out fairly they are far more likely to buy into this, which will help avoid resentments building up between colleagues.

How can I tell if the correct procedure was followed when the Will was executed?

There are a number of technical formalities which any testator must follow in order to execute a valid Will.  These include:

  • The Will must be signed by the testator, in the presence of two other witnesses and then be signed by those witnesses, in the presence of the person making the Will after the testator themselves has signed the document.
  • The person making the Will must be over 18 years of age and have mental capacity.
  • The person must make the Will voluntarily without undue influence and must know and understand what the Will says; and
  • The Will must be in writing
What is a Pension Sharing Order?

Pension sharing orders are used to redistribute a couple’s pension provisions following a divorce or dissolution of a civil partnership. When a pension sharing order is made, the paying party’s pension provider is instructed to transfer a specified percentage of that pension into a pension in the name of the receiving party. The pension is effectively lifted out of the paying party’s pension and paid into a pension belonging to the receiving party so that it becomes their pension to do with as they please. Once implemented, the paying party cannot dictate to the receiving party what they should do with the pension. It is worth remembering however that when a pension is transferred under a pension sharing order, it must be paid into another pension and it cannot be released as cash. A pension sharing order is also not available to couples who have chosen to have a judicial separation rather than a divorce/dissolution.