How long does a claim take?
There is no hard and fast rule as to how long a claim under the 1975 Act can take. If a dispute is settled early into the process then resolution can be reached in a matter of weeks or months. If, on the other hand, matters have to proceed all the way to trial then it is not unheard of for disputes under the 1975 Act to last anywhere between 12-18 months
Related FAQs
The law says that if after assessing a risk and considering all the control measures available to you, you cannot undertake a task safely – then you should not undertake the task.
If that means taking BAME workers out of higher risk frontline work, that is what will have to be done.
Beware of workers saying “we’ll accept the risk” – it does not protect you against regulatory/enforcement action or civil claims.
Some organisations are prioritising properties, known to be higher risk, such as properties with open flues, or near to the certificate expiry date.
Vulnerable staff and tenants need protection, safe working practices need to be established, and communicated. Organisations should bring forward servicing for people known to be vulnerable – but bearing in mind the guidance as to preserving the annual test date.
A separation agreement is a legal agreement entered into by two individuals who have decided to end their romantic relationship and go their separate ways. Parties entering into separation agreements can be married, civil partners or cohabiting couples. The separation agreement sets out the agreed financial arrangements for the period of separation; it does not end the marriage or civil partnership. To end a marriage or civil partnership, a divorce or dissolution is required. It is important to acknowledge that the court’s jurisdiction in financial remedy proceedings on divorce can override the terms of a separation agreement.
Some couples may wish to enter into a separation agreement if they do not wish to divorce for religious, cultural or personal reasons. Alternatively, a separation agreement can be the first step toward divorce proceedings, or it can be used as a test to see if separation is the best thing for the couple.
Separation agreements are usually only appropriate where parties have already separated, or are going to separate in the near future, but do not want to start divorce proceedings straight away. If you would like some advice on whether a separation agreement would be the right thing for you and your partner, our specialist team of family solicitors would be glad to provide some legal advice.
Put simply, if it is a requirement of a particular role that PPE is worn, then this should be provided to the employee. If an employer dismissed an employee for refusal to carry out their role due to lack of PPE then this is likely to be an automatically unfair health and safety dismissal.
Furthermore, anyone who is subject to a detriment as a result of raising a health and safety concern, e.g. someone in this situation who refuses to work due to lack of PPE and is sent home without pay, will also have a potentially valid claim in the Employment Tribunal for that detriment, even if they are not dismissed.
In recognition of the problems that the current situation is causing, the UK IPO classed the 24th March and all subsequent days as “interrupted days” which means that deadlines that fall within this period will be extended until the UK IPO declares that the interrupted days have ceased. As lockdown has begun to be eased, the IPO has now reviewed its position and has confirmed that the “interrupted days” period will come to an end on the 29 July 2020. This means that Thursday 30 July 2020 will be the first normal day of operation, therefore all “interrupted days” deadlines will expire on this day. Similarly, if your deadline falls after the period of interruption ends, this deadline will not be automatically extended.
The IPO is conscious that many businesses may still be in challenging positions when the period of “interrupted days” end. They will endeavour to continue to provide flexibility and support to assist businesses with their applications. They hope to temporarily remove fees for requests for extensions of deadlines, and will give further updates when this fee exemption is in place.
The IPO continues to encourage applicants to meet original deadlines where they are able. As their offices are closed, the UK IPO is not currently processing paper forms (i.e. hard copy) and faxes. However, they are processing forms which have been submitted electronically, or via email and have made a new email address available for the submission of forms.
Intellectual Property Offices covering other territories have made their own announcements about the extension of deadlines. The EUIPO’s period of extension of deadlines came to an end on the 18th May. However, they have published a Guidance Note and accompanying webinar on the EUIPO website, detailing options for parties who may struggle to meet deadlines and remedies for those who may have missed deadlines.