This section is designed to help you quickly find answers to the most common questions. Just click on the subject or issue you need help with.
Last updated: 26 June 2006
- How long do I have to be employed before I can claim unfair dismissal?
- What do I do if I have been unfairly treated by my employer?
- What should I do if I have been discriminated against at work?
- What should I do if my employer decides to vary my contract of employment?
1. How long do I have to be employed before I can claim unfair dismissal.
Minimum period of 1 year.
2. What do I do if I have been unfairly treated by my employer?
Issue a grievance, outlining the unfair treatment before taking your case to the Employment Tribunal.
3. What should I do if I have been discriminated against at work?
Make a grievance complaint to your employer, if this is not dealt with within 3 months of the discriminatory act, seek legal advise to put in your claim, unless you can proof continuous discrimination.
4. What should I do if my employer decides to vary my contract of employment?
Seek legal advise to see if your contract:
1. Allows the variation
2. If the variation is reasonable, taking into consideration your employer's business
3. Was there a consultation before the variation
4. Was the variation a unilateral variation, which could be a breach of contract.
You may also find some helpful advice from the organisations listed in our Links page.
- My Landlords have issued a summons against me for rent arrears what happens now?
- I am due to be evicted next week can I do anything to stop this?
- I have been asked to leave my accommodation and do not have anywhere else to go, what should I do?
- Do the Council have to house me?
- I've got disrepair at my property how can I get repairs carried out?
1. My Landlords have issued a summons against me for rent arrears what happens now?
The matter will be given a hearing date and the case will normally be heard at the local County Court. The outcome will depend to a certain extent on what type of tenancy you have. The Court will normally consider whether or not they should make an outright possession order against you which will specify a date when you will be required to leave the property. If they do not do this then they make what is known as a suspended possession order. This would enable you to remain at the property so long as you complied with the terms of the Court Order. The usual sort of order in such a case would be your current rent together with a fixed weekly or montly sum off the arrears. The Court also has powers to adjourn proceedings or dismiss the proceedings if they do not think any form of possession order is appropriate.
2. I am due to be evicted next week can I do anything to stop this?
You should immediately seek advice from a Law Centre or Solicitor. They can assist you in making an application to the County Court to apply for a stay of the warrant of eviction. This application will normally be considered by the Judge who will consider whether or not there are any grounds for stopping the eviction from going ahead. The Judge will look at your payment history, any circumstances that affected non payment of the rent, and any future plans for payment including whether any recent lump payments have been made to reduce the arrears. If the Judge decides that the eviction should not go ahead s/he will make an order for payments to be made by way of current rent together with a fixed weekly or monthly sum off the arrears. If the Judge decides that the eviction should go ahead then you will need to seek advice regarding re-housing.
3. I have been asked to leave my accommodation and do not have anywhere else to go, what should I do?
You should apply to the local authority's Housing Options Centre at 3 Rosenthal Road, Catford, SE6 2BX - telephone 020 8314 7007 (daytime) or 020 8778 0877 (out of hours). You should attend their offices and make it clear that you are applying to be housed as a homeless person.
4. Do the Council have to house me?
This depends on your situation. If you are genuinely homeless or threatened with homelessness and are in priority need and have not made yourself intentionally homeless and do not have a local connection with another area then the Housing Options Centre should make arrangements for you to be housed.
Not everyone who is homeless is in priority need but people with young children and people who are vulnerable because of age or health difficulties would be in priority need.
You might be regarded as intentionally homeless if you made some act or omission, which led to your homelessness. This might include not paying rent on a previous property when you were in a position to do so or abandoning a previous property without justification.
5. I've got disrepair at my property how can I get repairs carried out?
Your Landlord must keep in good condition the structure and exterior of the property and must ensure that items such as the heating system and the hot water supply work properly. You should tell your Landlord what needs doing. If you write to your Landlord, keep a copy of the letters you send. If you speak to him about the disrepair then keep a record of the time and date of the conversation and of what was said. If your Landlord still does not do anything then you should seek legal advice from a Law Centre or Solicitor. An option might be to take your landlord to Court. Different types of Court action are available and the type of action which is appropriate may well depend on the particular type of disrepair you are experiencing.
You may also find some helpful advice from the organisations listed in our Links page.
- How do you qualify to come to the United Kingdom as a visitor?
- Can I claim public funds? What are public funds?
- Can you extend your stay as a visitor?
- How do I apply?
- Do I qualify to come to the United Kingdom for private medical treatment?
- How do you apply to extend your stay to have, or continue to receive, private medical treatment?
- Can I receive medical treatment on the National Health Service (NHS) as a visitor?
- Do EEA nationals have a right to live in the United Kingdom?
- Do you need to show your passport or national identity card when you enter the United Kingdom?
- What rights do you have if you want to work in the United Kingdom?
- Can I live in the United Kingdom if I am are not working?
- Can I work in the United Kingdom if I am studying?
- Do I need to apply for a residence permit or register with the police?
- How to apply for a residence permit?
- Can my family join me in the United Kingdom?
- What about your other relatives?
- Can my family come to live with me in the United Kingdom?
- Does your family need to get an EEA family permit if they are coming to visit you in the United Kingdom?
- Could your family lose their right to stay in the United Kingdom?
- Can I apply for asylum?
- When to apply?
- Without foundation certificate (S1)
- Third country certificates (S2)
- What happens when you apply for asylum?
- How long before you get a decision?
- What to do while the application is being considered?
- Additional information
- If your application is successful and you are recognised as a refugee ?
- What is exceptional leave to remain in the uk ?
- What if your application is refused ?
- What relatives can you bring to the United Kingdom?
- How do they qualify to come to the United Kingdom?
- What are public funds?
- Can your husband, wife, fiancé or fiancée come to the United Kingdom?
- How does your husband or wife qualify?
- Your husband or wife must get entry clearance before they travel to the United Kingdom
- How does your fiancé or fiancée qualify to come to the United Kingdom?
Refugees
Spouses and partners
1. How do you qualify to come to the United Kingdom as a visitor?
You must be able to show that:
you only want to visit the country for up to six months;
you plan to leave the United Kingdom at the end of your visit; and
you have enough money to support and accommodate yourself without working or help from public funds.
Remember, if you are a visa national you will need a visa to enter the United Kingdom. Once you are here, you cannot vary your status if you are a visa national.
2. Can I claim public funds? What are public funds?
If you come to live or stay in the United Kingdom, you must be able to support and accommodate yourself without claiming certain state benefits. These are:
Income Support and Jobseeker's Allowance (JSA);
housing and homelessness assistance;
Housing Benefit and Council Tax Benefit;
Working Families Tax Credit;
a social fund payment
Child Benefit, or
any disability allowance.
3. Can you extend your stay as a visitor?
The maximum stay as a visitor is six months. If the Home Office gave you permission to stay for less than six months, you can apply to extend your stay, up to six months in total.
4. How do I apply?
You will need to complete an application form. To apply for further leave to remain please use FLR(O). The application form will give you details of all the documents you will need to send with your application and where you should send it.
5. Do I qualify to come to the United Kingdom for private medical treatment?
You must be able to show that:
you have made satisfactory arrangements for the consultation or treatment you need;
you have enough money to pay for any treatment and to support and accommodate yourself without working or help from public funds; and
you plan to leave the United Kingdom at the end of your treatment.
6. How do you apply to extend your stay to have, or continue to receive, private medical treatment?
You can apply to the Immigration & Nationality Directorate or in person at one of the public enquiry offices. You should apply before the date your permission to stay ends.
You should complete application form FLR(O) and send it with:
your passport;
a letter from a general practitioner who is a consultant for the NHS or who is in the Specialist Register of the General Medical Council, confirming that satisfactory arrangements for private medical treatment have been made, how long the treatment will last and, if your treatment has already started, how it is progressing;
evidence that you have paid for your treatment; and
evidence that you have enough money to support and accommodate yourself and to pay for further treatment (such as your bank statements or savings account book).
7. Can I receive medical treatment on the National Health Service (NHS) as a visitor?
Visitors are not allowed to enter or stay in the United Kingdom to receive free medical treatment from the National Health Service (NHS). You will be charged for any treatment you receive. You should make sure you have enough medical insurance to cover your stay.
8. Do EEA nationals have a right to live in the United Kingdom?
European Community law gives EEA nationals a right to live and work in the United Kingdom. This is called a right of residence.
You have a right of residence in the United Kingdom if you are an EEA national and:
You are working in the United Kingdom; orYou do not work in the United Kingdom but you have enough money to support yourself throughout your stay without help from public funds.
Public funds include Income Support, Housing Benefit and Council Tax Benefit.
9. Do you need to show your passport or national identity card when you enter the United Kingdom?
Yes, you need to show your passport or national identity card when you enter the United Kingdom.
10. What rights do you have if you want to work in the United Kingdom?
You can:
Accept offers of work;
Work (whether as an employee, in self-employment or in business);
Set up a business;
Manage a company; or
Set up a local branch of a company.
You do not need a work permit.
You should not be discriminated against because of your nationality in terms of conditions of employment, pay or working conditions.
11. Can I live in the United Kingdom if I am are not working?
You can live in the United Kingdom as a student, as a retired person or if you are not working, as long as you have enough money to support yourself throughout your stay without needing help from public funds.
12. Can I work in the United Kingdom if I am studying?
Yes, you can work in the United Kingdom during or after finishing your studies.
13. Do I need to apply for a residence permit or register with the police?
No.
14. How to apply for a residence permit?
You can apply to the Home Office using a EEC1 form. The Law Centre will be able to assist you.
15. Can my family join me in the United Kingdom?
Yes, if you have a right to live in the United Kingdom, your family may join you.
Under European Community law, your family includes:
Your husband or wife;
Your, or your husband's or wife's, children or grandchildren (if they are under 21 or, if they are over 21 and dependent on you); and
Dependent relatives, for example, your husband's or wife's parents and grandparents.
If you are a student, only your husband or wife and your dependent children can join you.
16. What about your other relatives?
Your other relatives (such as brothers, sisters, cousins and so on) do no have an automatic right to live in the United Kingdom with you.
Other relatives could apply to join you in the UK if:
They are your dependant; or
They were living with you before you came to the United Kingdom.
17. Can my family come to live with me in the United Kingdom?
Non-EEA family members must get a EEA family permit before they travel to the United Kingdom if they are coming to live with you permanently or on a long-term basis. If they try to enter the United Kingdom without an EEA family permit, they may be refused entry.
18. Does your family need to get an EEA family permit if they are coming to visit you in the United Kingdom?
Yes, they will need to get an EEA family permit if they normally need a visa to travel to the United Kingdom.
19. Could your family lose their right to stay in the United Kingdom?
Your family could lose their right to stay in the United Kingdom if you:
No longer have a right to live in the United Kingdom;
Leave the United Kingdom permanently; or
Are not working in the United Kingdom and either you or your family need help from public funds.
Your husband or wife may lose the right to stay in the United Kingdom if you divorce.
Refugees
20. Can I apply for asylum?
Anybody who requires international protection can apply for asylum in the UK.
21. When to apply?
Application for asylum in the United Kingdom must be made to the Immigration Service or the Home Office as soon as possible after leaving the country from which you need protection. This should be the first country you reach, or at least the first which will not simply return you to your own country.
If you entered the United Kingdom by deception or without permission, you are an "illegal entrant." An illegal entrant is liable to arrest, detention and prosecution and rapid removal but generally will have a right of appeal before removal. If you entered the UK lawfully, but fear persecution in your own country, your claim to asylum should be made as soon as possible, certainly before your leave to remain runs out.
22. Without foundation certificate (S1)
The Secretary of State may certify certain cases, without detailed consideration of the evidence, as manifestly unfounded so that appeals against refusal of asylum take place within a special, rapid procedure. Such appeals are limited to consideration by a Special Adjudicator only without any right of further appeal to the Immigration Appeals Tribunal.
23. Third country certificates (S2)
The Secretary of State may certify cases in which an appeal against refusal of asylum can only be made after the Applicant has been removed from the UK to the country from which s/he travelled to the United Kingdom.
24. What happens when you apply for asylum?
The Home Office may invite you to a screening interview soon after you apply for asylum in the UK. This helps the Home Office to develop a record of you and your claim for asylum. You will be fingerprinted to ensure that no other person can make an asylum application in your name.
After you have declared your intention to claim asylum in the UK, you may be given a questionnaire to complete in support of your asylum claim. You should return the completed questionnaire to the Home Office within two weeks. Thereafter, the Home Office may call you for a substantive asylum interview. The interview will last for about an hour. You should take with you any evidence relating to your identity that the Home Office has not been given before. Any other evidence should be kept until asked for.
The Immigration Officer will ask you about the persecution you have suffered and details about the answers that you give. For example:
Why do you need to claim asylum?
Were you ever detained or harassed in your own country?
What were the dates and times of any detention?
You should only take evidence relating to your identity. Other evidence, such as arrest warrants, country of origin information, will be needed later.
After the interview, you will have to wait while the Home Office make a decision. They will take into account everything you have told them at your interview and all the evidence you have given them. Other things that they will consider are:
Length of time you have been in the UK (only if this is 14 years or more)
The situation in your home country
The information you have given them at interview
Any compassionate and compelling circumstances
You can remain in the United Kingdom while you are awaiting a decision, even if your leave to remain expires before an application is submitted.
25. How long before you get a decision?
It is difficult to predict when your asylum application would be decided by the Home Office. It can take any time from 3 months to 2 years to reach a decision. Sometimes the Home Office can make a decision on an application within weeks of application.
26. What to do while the application is being considered?
While your application is pending, you should not leave the UK. Leaving the UK operates to withdraw your application.
Following the Nationality and Asylum Act 2002, the SSHD will refuse to support asylum applicants who have not applied for asylum at the port of entry or as soon as possible thereafter. You will have to establish that you are destitute to access support from NASS. This does not affect people who are currently receiving support from NASS, Social Security or the Benefits Agency.
27. Additional information
If you are in the UK illegally, you may be detained but should be only if the Home Office suspects that you are likely to abscond. For instance, if you have absconded before, if you have been caught entering the country illegally or if you have no documents, you are more likely to be detained.
28. If your application is successful and you are recognised as a refugee ?
If your application for asylum is successful, you would be granted indefinite leave to remain in the UK. Any dependants of a person will be permitted to join him/her after such leave is granted.
29. What is exceptional leave to remain in the uk ?
If your application is refused, you may be granted Humanitarian Protection. This is a discretionary status granted on compassionate grounds. It carries no rights, but is likely to be granted for a limited period. Towards the end of the period of leave, you may apply for indefinite leave to remain in the UK. Again, it is based on a discretionary basis and any such application must be submitted to retain your right of appeal, in the event of it being refused by the Home Office. Asylum seekers have no right to bring dependants to join them until they are formally recognised as refugees or in the case of people granted Humanitarian Protection, granted indefinite leave to stay in the UK. If you need advice on travel documents or entry clearance for relatives, please ask us.
Alternatively, the Home Office may grant you Discretionary Leave to Remain in the UK for a period.
30. What if your application is refused ?
You may have a right of appeal within the United Kingdom against refusal of asylum. If you have no such right, it may be possible to challenge the decision by the process of Judicial Review in the High Court. In either case you need expert legal advice as soon as possible.
If your case should go to appeal, you will be given the opportunity to present your case directly to a special Adjudicator. A Home Office Presenting Officer will also be present at Court and will be representing the Home Office's arrangements. He or she will be able to ask you detailed questions in front of the Adjudicator, so you must be well prepared and clear about what you want to say. The Adjudicator will assess your case on what you say and the evidence you and the Home Office have given and will decide in the next few weeks whether you should be granted asylum, or s/he may make a recommendation. A recommendation means that the Adjudicator does not allow the appeal but recommends that the case merits further consideration by the Home Office. An Adjudicator will make a recommendation when s/he believes that the Home Office has not considered factors such as medical conditions or compassionate circumstances, which may have a bearing on your case.
31. What relatives can you bring to the United Kingdom?
The Immigration Rules say that widowed mothers and widowed fathers aged 65 or over, and parents or grandparents travelling together, one of whom is 65 or over, can come to the United Kingdom. In certain circumstances, sons, daughters, sisters, brothers, uncles and aunts over the age of 18, and also parents and grandparents under 65, may be allowed to come.
32. How do they qualify to come to the United Kingdom?
You must currently live and be settled in the United Kingdom legally with no time limit on your stay, and they must be able to show that:
they are completely or mainly financially dependent on you;
they do not have any other close relatives in their own country who can support them financially; and
you have enough money to support and accommodate them without help from public funds.
If there are exceptional compassionate circumstances, children over 18, sisters, brothers, aunts, uncles and other parents and grandparents who live alone may come if they meet the requirements set out above.
They must get entry clearance before travelling to the United Kingdom. The Coventry Law Centre can advise you on how to make an application or entry clearance.
33. What are public funds?
If you wish to bring your relatives to live in the UK, you must be able to support and accommodate yourselves without claiming certain state benefits. These are:
Income Support and Jobseeker's Allowance (JSA);
housing and homelessness assistance;
Housing Benefit and Council Tax Benefit;
Working Families Tax Credit;
a social fund payment;
Child Benefit, or
any disability allowance.
Spouses and partners
34. Can your husband, wife, fiancé or fiancée come to the United Kingdom?
Your husband, wife, fiancé or fiancée may apply to come with you or join you in the United Kingdom as long as:
you currently live and are settled in the United Kingdom; or
you are returning to the United Kingdom with them to live here permanently
35. How does your husband or wife qualify?
He or she must also show that:
you are legally married to each other;
you are going to live together permanently as man and wife;
you have met each other;
you can support yourselves and any dependants without help from public funds;
you have adequate accommodation where you and your dependants can live without help from public funds; and
he or she is not under 16.
If you have more than one husband or wife, only one of them will be allowed to join you here as your husband or wife.
36. Your husband or wife must get entry clearance before they travel to the United Kingdom.
When your husband or wife arrives in the United Kingdom, they will be given permission to stay and work for 24 months. Near the end of the 24 months, if you are still married and plan to live together, your husband or wife may apply to remain here permanently.
37. How does your fiancé or fiancée qualify to come to the United Kingdom?
Your fiancé or fiancée must show that:
you plan to marry within a reasonable time (usually six months);
you plan to live together permanently after you are married;
you have met each other;
there is somewhere for him or her and any dependants to live until you are married without help from public funds; and
they and any dependants can be supported without working or having to get help from public funds.
The Home Office will give your fiancé or fiancée permission to stay here for six months but they must not work. When you are married, your husband or wife may apply to stay here. If the Home Office approves of the application, they will give your husband or wife permission to stay and work for 24 months. Near the end of 24 months, your husband or wife may apply to stay here permanently.
Your fiancé or fiancée must get entry clearance before they travel to the United Kingdom.
You may also find some helpful advice from the organisations listed in our Links page.
- I have been injured and I think it is someone's fault. How long do I have to bring a claim?
- I cannot afford to pay for legal advice. How can I bring a claim?
- I was assaulted on the way home from a party. What can I do and do I need a solicitor?
- I was injured in a car accident and the driver told the police he was not insured. Do I have a claim?
- I was injured whilst abroad on a package holiday. Do I need a foreign lawyer?
- I was injured at work because my workmate did not follow company procedures but it is how we always did it. Can I claim?
1. I have been injured and I think it is someone's fault. How long do I have to bring a claim?
In most circumstances you have 3 years from the date of the accident in which to bring a claim. Although there are some exceptions to this it is always best to seek legal advice as soon as possible after you are injured.
If a child is injured the 3 year time limit starts to run on their 18th birthday so they will have until age 21 to bring their claim.
If a person is deemed to be under a "disability" when he/she is injured then the 3 years starts to run on the date the disability ends. For these purposes, a disability is only where somebody is considered of unsound mind according to the Mental Health Act 1983.
If you are injured abroad different time limits may apply and again it is important to get advice straight away.
If you are injured as a result of violence you can make a claim to the Criminal Injuries Compensation Authority the time limit is 2 years.
2. I cannot afford to pay for legal advice. How can I bring a claim?
Solicitors firms who deal with personal injury claims will usually give a free initial interview to determine whether or not you have a legal claim. Alternatively you can speak to your local law centre or citizens advice bureau.
There are various ways to fund legal claims. If you are a member of a trade union or employer's organisation they may assist with the funding of your claim.
Some people have "legal expenses insurance" under their household contents or buildings insurance, or through their credit cards or with car insurance if your case was covered your insurer may help to fund your claim.
A lot of claims are run under conditional fee agreements or "no-win no-fee".
Legal aid is no longer available for personal injury claims unless they raise issues of significant public importance.
If you have a legal claim you should consult a solicitor who can advise on the alternative methods of funding your claim.
3. I was assaulted on the way home from a party. What can I do and do I need a solicitor?
Unless you know who assaulted you and only if they have significant assets it is unlikely that you will be able to bring a legal action against your attacker.
However, the government runs a compensation fund for victims of violence called the Criminal Injuries Compensation Scheme. The victim completes an application form and the claim will usually be considered on police and medical records.
The scheme is designed so that individuals can pursue a claim without the need for legal advice so you usually you will not need a solicitor. Where the injuries are very serious it may be helpful to employ a solicitor. However the CICA does not pay costs and so any legal costs incurred will have to be paid out of damages.
You have 2 years from the date of the injury to make a claim.
For more information, see www.cica.gov.uk or freephone 0800 385 3601.
4. I was injured in a car accident and the driver told the police he was not insured. Do I have a claim?
Yes. You would need to make a claim to the Motor Insurers' Bureau under their "Uninsured Driver's Agreement". You can ask a solicitor to represent you in this claim and their legal fees will be covered by the agreement.
The Motor Insurers' Bureau also have an Untraced Driver's Agreement for victims of "hit and run" accidents. Again, a solicitor will be able to advise you further.
5. I was injured whilst abroad on a package holiday. Do I need a foreign lawyer?
No. You can ask an English lawyer to represent you and they may be able to deal with the claim in the UK under the Package Tour Regulations.
6. I was injured at work because my workmate did not follow company procedures but it is how we always did it. Can I claim?
This will depend on the circumstances of your accident but the fact that your workmate did not follow procedure does not stop you from bringing a claim. In many cases your employer will be "vicariously liable", meaning that your employer is responsible for the actions of its employees. You may therefore be able to bring a claim against your employer because of your workmate's negligence.
If you have any further questions relating to Personal Injury contact Leigh Day & Co at:
Leigh Day & Co, Priory House, 25 St. John's Lane, London EC1M 4LB
Tel: (020) 7650 1200
Fax: (020) 7253 4433
Email: postbox@leighday.co.uk
You may also find some helpful advice from the organisations listed in our Links page.
