Q At the moment my work contract states I work 8am to 4.30pm Monday to Friday, Saturday and Sunday as overtime.
My work now wants to change to a two-shift pattern, day shift/back shift, any five over seven days. I have been employed by this company for 10 years, we have always done overtime, Monday to Friday, but my company insists these changes must be implemented to reduce our monthly overtime bill.
The nature of our business has not changed, we are busier than last year, and most of all we are making a profit.
A Check your contract first. It may contain a clause allowing management to change working patterns. If not, then the change cannot be made without your consent.
However, you only have limited alternatives. At worst you can resign claiming unfair constructive dismissal, but that is the nuclear option and you should speak to ACAS and/or an employment lawyer.
Life assurance concern
Q Your father did some work for me and my mother in the past when you were starting the trade.
However my question is, can insurance firms stop payment on life assurance on the grounds, that if you take out a warden’s phone in a private retirement place that you are causing a delay in your rescue and forfeit your policy.
In my place there are 17 people who have removed these phones.
A Hello again after all these years. My father was a terrific lawyer – and with the same name, Austin, as myself. I try to live up to his standards!
As for your question, insurance is a special type of contract – known as a contract of the Utmost Good Faith. This means that in effect all clauses of a policy are essential. So what may seem trivial to you may be seen as breach of contract by the firm.
Deposit being withheld
Q My ex-landlord is holding the deposit back from me. The lease says the house must be left in the same condition as when we took entry but surely he should allow for wear and tear.
I am not getting my deposit back until he deducts the cost of a new settee and to decorate the lounge. There was just a bit of staining on the walls but you expect this after four years.
A The landlord is entitled to retain the deposit against repairs. But he cannot seek any betterment by way of replacing a sofa if it doesn’t need it.
Sadly your only remedy for this kind of dispute is to take him to the small claims court to sue for the deposit back.
Can we still pursue IOU?
Q Going through my late father’s stuff, we came across a signed IOU, dated just days before he came to live with us four years ago. We know that no effort was ever made to repay this £1000 so can we still pursue the debt?
A Yes, the executor of your father’s will or estate can do so.
- Do you have a legal problem? Write to Austin at Evening Times Features, 200 Renfield Street, Glasgow G2 3QB or e-mail him at news@eveningtimes.co.uk (putting Austin Lafferty in the subject field). It’s the Law, by Austin Lafferty (Tottel, £9.99) is now on sale.
