Gelbergs Solicitors

Losing or leaving your job

2010-03-03T06:29:00.001-08:00

Most people do not stay in a job forever, whether because of a resignation, promotion, redundancy, retirement or dismissal.

Either an employee or employer can terminate a contract of employment by giving notice. Most contracts have an express term which sets out the notice period that must be given by either side and an employee also has statutory rights to a minimum notice period and protection against unfair dismissal.

In order for an employee to be dismissed, one of the following events must take place:

a) The employer terminates the contract with or without notice.
b) A fixed term contract expires and is not renewed.
c) The employee resigns as a result of the employer’s actions which amount to a fundamental breach of the contract (“a constructive dismissal”).

Provided an employee has at least one year of continuous employment, he or she will have legal protection against unfair dismissal. This is regardless of the number of hours per week which are worked.

There are certain “fair reasons” for dismissal which are laid down by legislation. If your dismissal is not for one of these fair reasons then it could be unfair and you might be entitled to claim for compensation, or even in certain situations for reinstatement to your old job. Even if the dismissal is for one of the fair reasons the employer still has an obligation to act reasonably and fairly. An Industrial Tribunal will look at all of the circumstances in each individual scenario.

Even if you have less than one year’s service with an employer, you may still be able to claim for compensation if the dismissal was on certain grounds which include race, sex, sexual orientation, religion or belief or disability.

Losing or leaving your job can be emotional and can also give rise to often complex issues. It is important that you have access to specialist advice so that you can better understand your options and decide on the most beneficial way to proceed. If you would like more information concerning this or any other issue relating to your employment, then please contact Sheldon Henry on 02072260570 or by email at sheldon@gelbergs.co.uk to ask for a consultation.

Equity Release Mortgages

2009-08-04T03:25:00.001-07:00

There is always a certain frustration with the expression ‘asset rich, cash poor’. Unfortunately, in the times we are living, this expression is becoming a way of life for many retired people. They have seen their income slashed due to low interest rates on their savings but their bills steadily increasing.

Very often such people live in a property without a mortgage which property is now worth a considerable sum, notwithstanding the recent reduction in property values.

The prospect of selling the property and moving to a smaller one in order to realise some capital is very often not the solution which people want. Why should they have to sacrifice their comfort just to live? Taking out a conventional mortgage to raise funds is out of the question due to the repayments which will be needed.

There is a possible solution which would enable you to raise funds from your home without selling or making any repayments. This is by taking out an equity release mortgage. Such a mortgage can provide a cash lump sum or perhaps a smaller lump sum with a reserve against future needs. There is no need for any repayment during your lifetime as the interest is added to the loan.

The money raised can be used to improve your lifestyle during retirement. It could also be used as part of a financial planning programme to reduce inheritance tax paid by your children.

Such mortgages are not for everyone but if all owners of the property are 60 or over then they are certainly worth checking out to see if your particular circumstances are suitable to take advantage of any of the different schemes on offer.

It is important to use a professional organisation to assist you with the mortgage process and Gelbergs have teamed up with Ainsdale Finance Limited to ensure that our clients receive the best possible advice in this very complex area. If you would like more information please contact Russell Shapiro through our website at www.gelbergs.co.uk. Russell has been dealing with such mortgages for many years and is aware of the potential pitfalls of such schemes if care is not taken. Alternatively you can contact Ainsdale Finance Limited directly on 01895 636369.

Lasting Powers of Attorney

2009-08-04T03:25:00.000-07:00

I must admit that I was very cynical when the Government changed the regulation concerning Powers of Attorney in 2007. It appeared that the changes were more about fundraising for the Exchequer than assisting the public. Under the previous regime, anyone could enter into an Enduring Power of Attorney by visiting their local solicitor, having a four page form completed and signed and paying a modest fee to the solicitors. The chances were that the person entering into the Power of Attorney would retain his or her full mental faculties until death and therefore there would never be a need to trouble the authorities with registration of the Power. A registration fee would thus never be paid.

Under the new regime the old Enduring Power of Attorney has been replaced with two forms. We now have a Lasting Power of Attorney dealing with property and affairs and a Lasting Power of Attorney dealing with personal welfare.

Each form runs to several pages and there are supplemental forms to deal with registration at the Office of the Public Guardian (OPG), notifications, etc. A previously simple process now takes considerable time to complete and the fees involved are accordingly much higher. The sting in the tail is that before the Lasting Powers can be acted upon it is necessary to pay a fee to the OPG of £150.00 per Power in order for them to be registered.

As I say, I was very cynical that the change was to generate revenue for the Revenue. Whilst this may be a side effect, the reality is that the new process is very much better than the old.

In order to complete the forms, the person entering into the Power must give considerable thought to his or her requirements in certain (hopefully never to be experienced) life-changing situations. This is of course very beneficial, especially when dealing with the question of personal welfare. How many of us say that we would not want to be kept alive by a machine in a vegetative state but then do nothing about it, thus leaving the burden of any such decision upon our nearest and dearest or the doctors? Well now, with the new forms, it is possible to give the person nominated as the Attorney definitive directions as to your requirements in such situations.

The forms also enable the person making the Power to give directions as to how his or her money is to be spent, who is to be notified if the Power is to be registered and of course who is to be the person or persons responsible for dealing with matters. It is even possible to have different people dealing with your property and affairs on the one hand and personal welfare on the other.

The registration fee charged by the OPG for dealing with each Power is £150.00. We will spend as much time as is needed to go through the forms with you to be certain that your requirements are clearly expressed. We will then complete the forms ready to be signed by you and, if you require, can act as your Certificate Provider (that is the person who confirms to the OPG that you are entering into the forms at your own free will and that you fully understand the consequences of the forms). Gelbergs charge £500.00 plus VAT for the preparation and registration of each Power. Thus the total cost is £1,450.00: paid up front for documents which you hope will never be used, in the same way that we all pay for various insurances and hope that our money is wasted.

I like the idea that I can appoint the people who will care for me if I cease being able to care for myself. I like the idea that my wishes made whilst I am still capable of making up my own mind will be carried out. Most of all I like the idea that I will be easing the burden on my family by taking away from them the responsibility of having to make very difficult decisions.

If you want to discuss entering into Lasting Powers of Attorney please give Graeme Taylor a call on 0207 226 0570 or email him for a free initial consultation.