http://www.lawanswers.co.uk daily 1 2008-04-29T05:10:14Z http://www.lawanswers.co.uk/questions/one-of-our-employees-got-a-fine-for-driving-in-a-bus-lane-in-a-company-car-who-is-responsible-for-this-fine-us-or-the-employee We have an employee in our firm who got a fine for driving in a bus lane. He was in company car at the time and is now claiming that he has been advised by the CAB that he does not need to pay the fine as the car is not his and it is registered to our company. Is this correct? No publisher MariaMason 2008-10-24T11:49:44Z Rich document http://www.lawanswers.co.uk/questions/i-have-worked-for-a-local-council-for-nine-years-some-colleagues-have-just-received-a-financial-adjustment-due-to-being-underpaid-have-i-got-grounds-to-make-a-claim I have been working for a local Council in a non-teaching role at a local school for nine years. I have recently heard from fellow colleagues that they have received a financial adjustment due to being underpaid. Have I got grounds to put a claim in? No publisher MariaMason 2008-10-01T09:45:32Z Rich document http://www.lawanswers.co.uk/questions/i-own-my-property-100-what-are-the-ways-of-covering-this-in-a-will-to-avoid-any-tax-being-paid-or-any-fees-having-to-be-paid-if-i-am-taken-into-care-for-any-reason I own my property 100% and I am unencumbered. What are the ways of covering this in a Will to avoid any tax being paid or any fees having to be paid if I am taken into care for any reason? I have four children and at the moment would like to leave them equal shares if I die. Will they get the full amount? My estate is currently under the £312,000 threshold. No publisher MariaMason 2008-09-22T08:54:44Z Rich document http://www.lawanswers.co.uk/questions/if-a-person-dies-without-making-a-will-how-is-the-estate-divided-and-does-the-suspicion-of-suicide-make-any-difference A member of my family has died. He had a wife, children and property but had not made a Will, how is the estate divided or inherited? What, if any, difference does the suspicion of a death by suicide make? No publisher mariam 2008-09-01T15:45:01Z Rich document http://www.lawanswers.co.uk/questions/my-male-colleagues-are-being-paid-more-than-me-for-doing-exactly-the-same-job-where-do-i-stand-on-this I have worked for my employer for two years. During this time two male staff members were employed who do exactly the same job as myself but they are on a higher salary. The work that we do is exactly the same and there is nothing to differentiate between the roles that we do. Where do I stand on this and what steps do I take next? No publisher MariaMason 2008-06-24T15:36:09Z Rich document http://www.lawanswers.co.uk/questions/my-colleague-is-paid-at-least-a35-000-more-than-me-but-we-do-the-same-job-is-this-legal I have been working in my company now for a year. Everyone in my department is doing the exact same job, although we are split into two grades. I am in the lower paid grade and I know the guy who sits beside me (who is on the higher paid grade) is getting paid at least £5,000 a year more than me. Is this even legal? Do I have grounds to take my company to Court or can I demand equal pay? No publisher MariaMason 2008-04-14T15:46:12Z Rich document http://www.lawanswers.co.uk/questions/same-job-two-different-pay-scales-can-i-get-equal-pay I have been working in my company now for a year. Everyone in my department is doing the exact same job, although we are split into two grades. I am in the lower paid grade and I know the guy who sits beside me (who is on the higher paid grade) is getting paid at least £5000 a year more than me. Is this even legal? Do I have grounds to take my company to court or can I demand equal pay? No publisher charlottec 2008-03-31T15:41:49Z Rich document http://www.lawanswers.co.uk/questions/i-was-involved-in-an-accident-which-was-not-my-fault-but-my-insurer-has-offered-me-less-than-the-value-of-the-vehicle-and-deducted-a3100-excess-is-this-right-and-why-are-my-insurer-dealing-with-payment-to-me-when-the-third-partys-insurers-are-liable I was involved in a minor incident whilst in a queue of traffic where the third party ran into the rear of my car. The third party admitted liability I rang my insurers to inform them with details. After numerous phone calls I have received a letter from my insurer telling me that the car is to be written off and that the book value is £385 of which I will forfeit £100 in standard excess even though my voluntary excess is Nil leaving me with £285. This is not enough to replace my car to an equal standard as market value is £597 for the same age and model. They have since told us if I accept the money I can buy it back for £70 but why should I have to pay out for a car which is legally mine and I was not to blame. Can you tell me if my insurers can do this as the accident was not my fault the other party has admitted liability? Can you also tell me why my insurers are paying me and not the third party's insurers and why should I lose the £100 and buy my own car back? Surely the third party's insurance should be paying all of this? No publisher conrad 2008-03-30T11:13:17Z Rich document http://www.lawanswers.co.uk/questions/i-am-divorced-and-my-ex-wife-has-declared-herself-bankrupt-what-will-happen-regarding-the-property-and-assets-from-the-marriage I am divorced. I placed a Matrimonial Homes Notice on the marital home which was in my ex-wife's sole name. She did not pay the mortgage and the property was repossessed. It has been sold - apparently the mortgagee applied to remove my interest from the property. I was not informed of this. Can they do this? My wife has declared herself bankrupt and now the only property in joint names may have to be sold. She has had many assets from our businesses and I believe she may have some cash stashed away. What can I do? No publisher conradm 2008-03-19T00:53:42Z Rich document http://www.lawanswers.co.uk/questions/firm-has-job-rotation-scheme-but-people-are-on-different-salaries-are-the-lower-paid-people-entitled-to-refuse-to-do-the-work-normally-undertaken-by-the-higher-paid-people-unless-they-are-paid-an-equivalent-rate Our works terms and conditions state that any employee doing the same job as someone else must be paid the same wages. We currently have a job rotation scheme but most people are on different salaries with no structure in place to ever allow the lower paid people to ever catch up with the higher paid people so the difference is only going to get bigger. Are the lower paid people entitled to refuse to do the same work as the higher paid people? No publisher conradm 2008-03-18T21:20:00Z Rich document http://www.lawanswers.co.uk/questions/my-husband-owns-our-home-and-i-want-to-leave-but-do-not-have-the-money-to-do-so-can-i-ask-my-husband-to-release-money-to-enable-me-to-leave-or-can-he-just-order-me-to-pack-my-bags-as-he-threatens-to My husband of 3 years owns our home. He had it before we met. I want to leave but do not have a job to support our daughter who is 2 years old. Would I be able to ask him to release some equity from the house to help us move? Also, does he have the right to ask us to "pack our bags"? Nothing has gone wrong in the relationship - I have not cheated; he is just very aggressive and would be happy to leave if I could support myself and my daughter. No publisher conradm 2008-03-07T20:28:43Z Rich document http://www.lawanswers.co.uk/questions/can-we-claim-for-back-pay-in-an-equal-pay-claim-prior-to-when-we-had-a-change-of-roles I have worked the night shift in a residential home for the past 17 years. About 4 years ago we had the chance to either take a senior care officer role which there was only 2 jobs available on nights or change from senior care officers to care assistants and keep our grade 17. There are currently 5 staff on nights who thought they where grade 17, but 2 members of staff have had letters and are only receiving payment for their contracted hours and have only been based on grade 6. We also have further responsibilities as we have recently opened a new EMI unit and one member of staff must work in this unit at all times. Because of the level of dementia most of the old 17s have n.v.q. I have level 2 and 3, plus I am a qualified first aider. Do we qualify for different claims as our job title has changed? I am contracted 20 hours per week, but because of the new unit we always work 3 or 4 nights. No publisher conradm 2008-03-07T14:49:28Z Rich document http://www.lawanswers.co.uk/questions/won-an-equal-pay-claim-three-months-ago-but-i-have-yet-to-receive-written-confirmation-back-pay-or-uplift-is-there-a-time-limit-for-this-or-should-i-file-another-grievance I had a formal grievance hearing with my employer on an equal pay issue three months ago. I was informed a couple of weeks later by phone (no letter as yet) that I had won my case and that they would uplift my pay and calculate my back pay. I have still not received the uplift or the back pay yet. Is there any limit or should I put in another grievance? No publisher conradm 2008-01-31T05:30:16Z Rich document http://www.lawanswers.co.uk/questions/involved-in-an-accident-on-a-roundabout-but-have-discovered-i-was-not-insured-will-the-lack-of-insurance-be-taken-into-account-when-liability-is-decided-by-a-court I was involved in an accident, which I do not believe was my fault - the other party however has a different opinion! I have later found out that I am uninsured (I was driving my old car; I believed I was covered 3rd party only on my new car insurance, but I am not covered if I own the other car). I was exiting a roundabout on a dual carriageway in the right-hand lane. The other driver was going all the way round in the left-hand lane and collided with me. I have now received a letter from the other driver claiming damages and threatening court action if I don't settle. Should I pay, even though I don't think it was my fault? Would the court find me at fault because I had no insurance? No publisher conrad 2008-01-23T08:08:55Z Rich document http://www.lawanswers.co.uk/questions/cyclist-injured-by-car-had-to-leave-work-and-wonders-if-he-was-right-to-reject-insurers-first-compensation-claim-offer In Nov 06 I was struck by a car whilst cycling to work in N.Ireland. I suffered a crush fracture of Lumber3 and soft tissue injuries to my neck and lower leg. I spent 2 weeks in hospital and wore a fracture jacket for the next 4 months. The driver accepted full responsibility and has since been prosecuted. Due to the nature of my work I could not return and had to seek alternative employment 8 months later. 13 months later just before Christmas the insurance company made their first offer via my solicitor for £8000. I feel they have tried to use the lure of Christmas and not considered my pain and suffering. I therefore have refused the offer and a writ has been served. Do you think I have done the right thing and why should insurance companies be allowed to get away with cheap tactics? No publisher conrad 2008-01-11T17:14:38Z Rich document