Month: May 2020

Can I get sacked if I make a work accident claim against my employer?

Posted on May 29, 2020 by Hannah Fletcher - Blog, Employment, Work Place Accidents

If you have a work accident claim then you may be worrying about the impact it might have on your employer. Not everybody hates Mondays. In fact, a lot of people see their jobs as more than just their livelihoods. They enjoy going to work, seeing their colleagues and enhancing their skills in their profession.

Employers can do their best to try and prevent accidents. But occasionally they just happen. If you have had an accident at work then you may be considering whether or not you should file for compensation. Your injury may only be minor, but if it has forced you to stay off work without statutory sick pay (SSP), this can have a negative impact on your life, especially if you lose out on your wage. Worse still, you may be asking yourself whether or not this could affect your relationships with your co-workers. There is a lot to consider when you are making an accident at work claim.

It is important to remember that you need a way to support yourself whilst you are recovering from your injury. There will not be any hard feelings if you request what you are owed by your work place. You do not have to go through this alone. Working with an accident at work claims specialist from Gowing Law Solicitors can put you at ease and make sure you get the support and compensation you deserve.

Just remember it is your right to claim compensation if you have been injured.

Remote Working & Work Place Safety

For the last two months, the UK has been under lock down due to Covid-19. Whilst a large number of non-essential workers can still work from home with the help of video calls, VPNs and electronic communication devices, there are overs that need to be “on-site, on time.” Some essential workers, like hospital staff and construction workers, simply cannot do their duties from home. That’s why accidents at work can still happen. Not only do essential workers need to worry about the impact of Covid-19 on themselves and their families, but if their employer has not focused on the safety of their work environments, there is a high chance that work hazards could cause you to have an accident. This could include trips, falls, slips, hazards on the floor and unsanitary conditions.

Unless you are working from home, you should not be the person in charge of house-keeping. Instead, there should be a cleaning team and HR Staff that takes care of the cleanliness and risk assessments of the work place. That way any unnecessary injuries to staff can be prevented.

What causes workplace accidents?

If you are one of the people who have been told to go back to your workplace, it’s important to consider your workplace safety, especially if you are the main breadwinner of your family. If you have had any of the following accidents then it may be time to report it to RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) in the HSE.

It is important that you file a compensation claim as quickly as possible. Businesses are required to take out insurance and take note of any accidents that occur on their property. That way they can protect themselves against the liability of your accident and can do everything that they can to ensure you are fully cared for. Your employer has a duty of care towards you. That’s why you should not be worried about claiming compensation for your accident.

What am I owed from an injury at work?

Lots of people may ask “do I still get paid if I’m injured in the workplace?” Unfortunately, not all employers may pay you SSP. It entirely depends on what has been written into your contract. Whilst this may seem unfair, this just makes it even more essential that you check your contract to ensure it is there. You may even have the right to claim for additional sick pay if your accident at work has stopped you from working on-site.

If you have suffered from a work-place injury then you need to do everything you can to strengthen your compensation case. Here is what you need to do:

Report your accident to your employer as quickly as you can.
Ask your employer to help you contact medical help.
Ask to have your accident listed in your employer’s accident report book- If you are too injured to do it yourself then ask someone else to write it up and give you a copy.
Report the accident to the HSE or your solicitor to talk about compensation.
Ask your employer about SSP or compensation. Report any problems to your legal advisor.

It is your employer’s legal obligation to ensure that all risk assessments have been properly followed. That way they can build up the confidence of their staff when they enter the workplace. They have a responsibility of care towards you, especially when it comes to identifying potential hazards.

Collecting your Evidence

No matter how bad your injury was, it is essential that you collect evidence of the accident to prove that it happened on work grounds. That way, if you do make a work accident compensation claim, it does not become a case of “he said, she said.” Instead, you can have photographic evidence to back up your side of the story. If you have become sick (i.e. with Covid-19), as a result of poor sanitation conditions at work, then you can document it.

You may also want to consider:

Taking pictures of your injury and the hazard that caused your accident.
Finding out the contact details of any witnesses.
Writing notes about the smaller details of the accident- You can also include drawings if they help you remember any additional details.
Asking your witnesses to make notes so you can compile them into a report.

Are there any risks of me being fired if I make a work accident claim?

Naturally, if you are thinking about making a compensation claim for an accident, you probably have a number of worries floating in your mind. Have you had any of the fears above? These are completely normal.

On average, we spend around 1/3 of our lives at work. Therefore, it is crucial that you get on with your colleagues and boss, and feel comfortable in your work environment. You may be worried that if you try to claim work accident then this will ruin the atmosphere in your work. Worse still, this may anger your employer and it may force them to fire you. These are all worries that you will need to force before you are able to make your claim. But seriously, let’s put those worries at ease.

You cannot be fired for making a compensation claim for a work accident!

The worries that were stated in the image before are exactly that, just worries. You cannot be dismissed from your employment position if you are hurt in an accident. You may have been the one in the accident, but your employer still breached their contract of care towards you. This does not change even if you have a bad relationship with your employer, or you have caught an illness or been in a hurt by a hazard in the workplace. Anyone who has been injured has the right to seek compensation.

Your employer needs to ensure that you do not feel uncomfortable about making the claim. This is not about relationships or emotions. Instead, it is about getting you the money you deserve to help you recover from the accident. They will not cut or your wage or punish you for getting hurt. For instance, if you caught Covid-19 and your employer unfairly dismissed you, this could be an employment tribunal case in itself!

How do I know that I won’t be negatively effecting my employer?

All businesses are legally required by the UK government to have a form of employer liability insurance. If they are not insured then they could be fined up to £2,500 per day. This is because they are putting their employees at risk should they have an accident at work or want to put in an accident at work claim. The UK government department of HSE will not stand for this negligence.

If you have an accident, then your employer can use their liability insurance to pay for your compensation. They will not have to pay for it out of their own pockets. Your fellow employees or employer will not be affected by your losses or injuries. So, why should you wait to claim? It is your right and you deserve to feel supported by your employer, even if you are off sick or are too injured to work for them. The longer you wait, the more likely you are going to forget crucial evidence. So, get in touch with a work accident claims solicitor as quickly as possible.

Can I be legally disciplined if the accident was my fault?

No. You cannot be legally disciplined. Your employer should have put in safety regulations in the first place to protect you against any hazards that you were unaware of in the first place.

It’s important to understand the different between getting hurt because of misconduct and because of an accident. If you were fooling around in a dangerous environment, or caused a hazardous situation because you wanted to impress your colleagues, then your employer can discipline you. This could be through a written or verbal warning. You know precisely what sort of behavior is expected of you, and you must be prepared to uphold it as best you can.

However, if you got hurt on account of negligence or because you were unaware of safety procedure, you can file a compensation claim against your employer for compensation. Your employer does not want to illegally discriminate against an injured employee, therefore if they do not know for certain whether or not your misconduct was the reason for the accident, it is likely that they will simply deal with your compensation claim. They certainly will not want to face an employment tribunal or a lawsuit against them and the company.

Why should I make a compensation claim?

It is your right to get compensation for any sort of injury that happened to you in the work place. It could be on a construction site or even in an office. If your environment is not safe for you and your fellow workers, this needs to be addressed. Be confident and bring this up with your employer. If they do not listen then it is clear that they were negligent and did not care about their employers. Empower yourself with a compensation claim:

How do I make a compensation claim against my employer?

An employer is legally responsible for the safety and welfare of all of their staff. That’s why it is your right to claim for compensation if you were injured during your work hours. Here is what you need to do if you have been hurt:

Note down precisely what happened and how you were injured and take notes from witnesses.
Report it to your employer and ask them to write it down in their incident book.
Go to medical or schedule an appointment with your GP. They can let you know if you need to take any time away from work to recover.
Record your injuries through photographs or daily diaries. You can claim compensation for both physical and psychological trauma, so it is good to keep notes on them.
Speak to your employer about sick pay and inform them that you intend to claim compensation from your injuries.
Speak to a trained accident at work solicitor to work with you on your case.

A trained lawyer will speak to you about all of the details of your case. Make sure to present them with an organized report of the event and any important details they may need to know. This includes information about your contract, your place or employment and how your employer is responding to your compensation claim.

Gowing Law Solicitors can help you with your work accident claim!

Gowing Solicitors have trained accident at work lawyers that can help you get the compensation that you deserve. They offer free consultations and advice sessions that can help you get on the right track. If you do decide to work with us, we work on a “no win-no fee” basis. That means no matter what the outcome of your claim is, you will always end up on top. Work accident compensation claims can be tricky, therefore it is always good to have an experienced lawyer ready to guide you through your case. They will keep you up-to-date with the latest information about your case. Feel free to ask them anything you like, they would be more than happy to help you.

You can contact Gowing Law’s accident claims team in Manchester by calling 0800 041 8350, emailing info@gowinglaw.co.uk or using our direct messaging system located on our contact page.

Want to learn more?

No one wants to go into a compensation case without understanding the basics of UK law. This is why you will find informative and detailed blogs about a range of different topics on our blogging page. This includes information on how to write a will, Covid-19 advice for employees and many other topics. If you have a blog topic that you want us to cover, we would be more than happy to oblige you. Let us know by emailing info@gowinglaw.co.uk.

We look forward to working on your case soon!

Covid-19 & Construction Work Accidents: What are your legal rights?

Posted on May 27, 2020 by Hannah Fletcher - Blog, Covid-19, Uncategorised, Work Place Accidents

As the Covid-19 lockdown in the UK starts to lessen, if you are a construction worker you may find that you have been sent back to work earlier than you originally expected. This is because you are not one of the groups of workers that can literally work from home. However, this will mean that you are in one of the groups of workers that is put most at risk construction work accidents. Although the first wave of the Corona Virus may be lessening, it is going to be a difficult task to try and reintegrate into the work environment. That is why it is essential that your employer does their best to make the construction site as safe as possible.

Before you go back to work, it is important that you know your worker rights. That way if you are unfairly dismissed, are forced to work too close to other workers or, worse still, suffer construction work accidents, you know exactly what to do. Read on to learn about Covid-19 and your rights as a construction worker.

The Fear of Returning to Work

If your work has been deemed “essential”, aka. you are construction worker, you are probably packing up your work bag and getting ready for a day on your employer’s building site. Life cannot return to normal but you are going to try and make the best of a bad situation. However, the main question is, should you really be going back to work when the first wave of Covid-19 has not yet subsided?

According to the HSE,

“If you see something in a workplace that you think is breaking health and safety law and is likely to cause serious harm, you can report it”.

Whilst you may feel like this is whistle blowing, it is important to maintain social distancing and cleanliness on the worksite. Your employer owes you a duty of care. This means that they need to be kept updated on the latest government advice and protection equipment against Covid-19.

Already, many construction workers fear for their lives due to inadequate care from their employer and from the UK’s government. They have been sent back to work in order to try and restart their daily lives. However, most construction workers know that this comes with a cost to their safety

No one can prevent:

Crammed commuting conditions (e.g. The Tube)
Overpopulated business worksites
A lack of hygiene products in the work place (aka. hand sanitizer and soap)
Communal projects (aka. machine use in close proximity)

Some sites have thousands of people going in and out on a daily basis in order to conduct business. This cannot be stopped if site managers want to maintain a steady flow of customers. One architect, interviewed by the BBC even warned:

“Even though they have added hand sanitizer stations everywhere, people still have to use fingerprint scanners to gain access to the site when they go in or out which seemingly defeats the object of social distancing. Everyone is very worried.”

If you are worried about the conditions of your work environment, then you have a duty to your colleagues to speak up. In some case, you may even want to change your contract before serious construction work accidents happens.

Changes to your work environment

It is entirely up to your construction site’s employer whether or not they want to stay open or shut. It is a difficult time for all those involved in construction, namely due to the amount of delays that are happening with projects. The Government has requested that all of workplaces have a strict standard of hygiene to lessen the spread of the disease. However, it is important to remember that this must be balanced with time sensitive projects. A delay in a construction project could mean that you employer loses a contract or are forced to pay penalties for the delay. It could mean that they find it difficult to find business in the future. So, as you can see, your employer is currently stuck between a rock and a hard place.

However, your employer still has a duty towards you and any other people who work on your construction site. They should be employing the following regulations:

You deserve to feel safe when you are entering a work place. Every day, you should not have to suffer emotional damages as you worry about whether or not you will spread Covid-19 or, worse, bring it home to infect those that you care about. When you speak to your construction site manager about being in the workplace, you need to justify why your work site should be closed in the first place. This may not be as easy as you think.

A Worker’s Rights

No matter what your area of wok, you have the right to speak up should you feel threatened by your work environment. By speaking up, you can prevent construction work accidents from taking place. You have the right to receive information/training about preventative hazard measures. You can also have the right to review the records of work-related injuries that have happened on your construction site. So, if you notice that quite a few workers have fallen ill from Covid-19, it may be in your best interests.

It’s important that you speak to your manager to find out what preventative measures are being put in place. If you feel they are not up to scratch, you may want to ask for your union to get involved. They can act on your behalf and enforce more safety regulations to ensure that the virus does not spread around your construction site and work teams.

Covid-19: The Problems

Of course, the main problem for any employee is the human sacrifice needed to keep a construction site open. With people actively being in a worksite, this gives room for the virus to spread, therefore making it more likely that you, or your colleagues, may suffer from a workplace accident. Many building contractors seem to struggling to justify the closure of their construction sites due to:

It is up to the “principle contractor” to give their opinion on how the project will be able to carry on safely. They need to consider contractual liabilities that involve health and safety risks. You may also need to seek advice from the client and the client’s health and safety advisor.

The Work Place Contract

In some cases, if you feel like your life is currently at risk by working on your site, you can talk to your employers about a “Force Majeure.”

Under this clause, there is room to renegotiate the completion date of the project. The delay was due to circumstances out of the company’s control (in this case the UK lock down). Following government advice, the project was temporarily closed in order to protect the employees. If you still feel like this protection needs to be maintained, you can suggest that smaller teams enter the worksite in order to stagger shifts. It is important that the amount of work available is built up so that none of the team are put at risk.

Keep in mind that if you want to use this policy, it will provide time for the workforce to stay away from the construction site. However, it will not provide financial relief for you to continue the wages of your work force. These will need to be covered by the company.

Work Accidents & Risks

Naturally, with a smaller work force on your construction site, there is a higher chance that an accident may occur. This may include:

Worker injury
Employee illness (Covid-19)
Machine faults/breakdowns
Machine-Related Injuries

Although you may be working with a smaller team, it is important that you still keep up safe practices. You may need to speak to your employer if you find that they are forcing you to do more than what is expected of you, or what is safe to do so. Should you have an accident due to the negligence of your employer, you may find that they breached their code of practice. Therefore, you could have an employer liability claim on your hands.

Is this really the best time to be claiming compensation from construction work accidents?

Honestly, the worst thing that you can do is wait to collect compensation. If you have suffered from an injury on a construction site, then asking for compensation can help ease some of the burdens that come along with it. It is your legal right to be compensated if the injury was no fault of your own. Construction work accidents deserve to be compensated. It can also help you by:

Giving you the financial tools to pay for private healthcare and therapies. This should assist you in your recovery.
Providing lost income that you may have been forced to give up due to your injuries.
Helping you have time to recover and understand if it affected you psychologically or caused you any distress
Providing your loved ones with support and compensation

Worried about social distancing during your case? You can relax knowing that the claims process can be handled remotely by a trained accident at work solicitor. They can send all of your documents electronically and talk to you either through a video call or over the phone. That way you and your loved ones can remain protected whilst maintaining social distancing regulations.

Gowing Law Solicitors can help you get compensation for your accident at a construction site

Construction work accidents are not your fault. Gowing Law’s trained solicitors can help you get justice. You deserve compensation for your injuries. This is why our helpful team of experienced solicitors will get you the outcome you deserve. We offer free advice and consultations to get you started. If you choose to work with us, we work on a no win, no fee basis. That means you will always come out on top, even if you are not successful in your case.

Ready to claim your compensation? Fill out our personal information form on our accidents at work page, call 0800 041 8350 or email inf@gowinglaw.co.uk for more information. You can also use our direct messaging system on our contact page.

Do you like what you read?

Our talented law writers will always do their best to keep you updated with the latest law knowledge. We write about Covid-19 and different topics, including will-writing and employee rights. So make sure to keep updated with our latest posts. We would also be happy to accept any topic requests. Let us know what you would like to see in our blog and we will make it a reality. Contact info@gowinglaw.co.uk with your ideas.

We look forward to hearing from you soon.

How to Choose the best Self-Invested Pension Plan (SIPP Scheme)

Posted on May 22, 2020 by Hannah Fletcher - Blog, Pension Claims, SIPPs, Uncategorised

Sipp Schemes are complicated. As you get older, you may become worried about how much money you have saved up for your pension. Sometimes what you have worked for just isn’t enough. That’s why you may be considering investing in a SIPP scheme. If you place your pension in the appropriate SIPP, this can help you receive more than you originally intended on settling with. There are over 750,000 SIPP schemes in the UK, collectively having around £110 billion in savings. That’s why you will need to be careful about which scheme you choose to invest in. If you can avoid being mis-sold a SIPP then you will find that the return you receive is worth it.

If you are new to the world of SIPPs, you may need some help maneuvering through your different options. You will need a good financial advisor and, in some circumstances, may need an experienced lawyer just in case you are mis-advised about your SIPP investment. Let’s learn together how to choose the perfect SIPP scheme for you, and what you can do if it goes wrong.

What is a SIPP?

Basically, SIPPs are pension plans for people who are looking for more flexibility and control over their pension savings. Now, most people would go for a standard pension either provided by the state or from their company. However, there are other people who would prefer to gather all of their pension funds together before they retire. With a SIPP, the pension owner can control how their money grows and where the money is put into. They do not need to rely on any sort of Pension Company or the government. Instead, they have the power to control their own funds. Finally, once they are happy with the size of their nest egg, they can ask for their savings to be refunded.

This may sound easy in theory, however it is important that investors are aware that there are SIPPs out there that are less than savoury. You do not want to become the victim of a mis-sold pension. That’s why it’s crucial you make the appropriate financial decisions.

Are you suitable for a SIPP?

If you are a retirement saver, you may be considering your options between an ISA and a SIPP. Most people tend to invest in both, however if you are solely considering a SIPP it may because you want use an “income drawdown”. However there are other reasons.

Should you fall into one of these brackets, you may want to start looking online for an appropriate SIPP scheme to invest in. You should also consider one if:

A financial advisor is employed under you who can make decisions on your behalf
You have a large pension pot that you will continue to make significant contributions to before retirement
As an experienced investor, you understand the risks and are interested in a wider array of options

Having experience in investment plans can help you when it comes to picking the perfect SIPP scheme for you. That way you can avoid any problematic schemes that may be looking to take money away from you, rather than trying to repay your investment.

The Different Types of SIPP Schemes

Now, if you don’t have an Individual Savings Account (ISAs) due to being self-employed or due to not having enough savings, you may be considering putting your pension pot into a SIPP. There are quite a few examples of SIPPs. These include:

You can expand your pension with any of these investments, however it is important that you consider what you are actually going to be investing your pension in. You need to make sure you are not choosing a SIPP scheme that is unregulated (i.e. not regulated by the FCA) that may ask you for additional funds. The property you invest in may include:

Investment Trusts on the stock exchange
UK Government bonds
Foreign Government bonds
Stocks & shares
Gilts & bonds
Open-ended investments & companies
London stock exchange ETFs
European markets ETFs
Bank deposit accounts
Offshore funds
Commercial properties
Real Estate on the stock exchange
Unit Trusts

Having an experienced financial advisor can help guide you through these different investment options. If you have chosen the best financial advisor for you then they will offer you clear advice that will help you grow your pension pot. Make sure to check their qualifications and how much experience they have actually had in SIPP investments. If you are mis-led by them due to their lack of knowledge, then you may be owed compensation.

The Amount of SIPP Risk

With every investment comes a potential risk. Some investments may be low-risk ventures, meaning that you get a substantial amount of money whilst knowing that your main investment is relatively safe with the company that has been invested in. However, other investments may be high risk. These include luxury properties abroad, diamonds or perhaps commercial projects. It is the job of your financial advisor to give you advice on which of these investment is the most suitable to your needs.

In some cases, you may be willing to accept the risk of your SIPP as part of your investment. However, if you are aware of it, keep in mind that this may go against you if you ever want to seek out compensation for a bad investment. However, larger risk does constitute larger returns.

At the end of the day, it is up to you assess the risk that each SIPP brings to the table. Make sure to do your research and ask your financial advisor for help. You can look up each SIPP online and discuss their investment potential, fees and pay backs.

When you are looking up different SIPPS, and are getting ready to discuss them with your financial advisor, make sure to consider the following:

Mis-Sold SIPPs

Whilst we would like to think that most financial investments you make will be risk free, there are some that simply won’t be the case. There are always going to be some shadier SIPPs that are solely interested in claiming your money rather than helping you grow it. If you have lost money on a SIPP due to extortionate fees or bad financial advice, rather than your own decisions, it is very likely that you have been mis-sold a SIPP. You can claim compensation on these rogue SIPPs through the Financial Services Compensation Scheme (FSCS)

Bad financial advice is normally one of the main reasons why you may have been mis-sold a pension SIPP. However, there are other reasons why. Could any of the reasons below apply to you and your investment situation?

The terms and conditions of your investments were not explained by your financial advisor or in your contract.
Your advisor did not have the qualifications or experience they claimed to have (i.e. a qualification from the Pensions Management Institute (PMI) or the Chartered Insurance Institute (CII)).
There were additional fees & charges associated with your pension that you were not aware of.
There was more risk involved in your pension than you wanted to originally take.
Your financial advisor instructed you to transfer your pension from a work place pension.
You were cold-called and given a free pension review.
You ended up being pressurized into the SIPP and found out it was a tax avoidance scheme.

Unregulated Third Parties

When a SIPP scheme takes your investment, they normally use it in an investment to help you grow your pension pot. However, for those who mis-handled your funds, the investments they made were in non-standard assets. This included luxury foreign properties, commercial properties and diamonds.

A lot of the time, these investments were extremely high-risk. This meant that there was more chance that you would not see any of your investment back, especially if the investment became illiquid. If you were forced into one of these schemes, it is very likely that you could have a mis-sold SIPP compensation case on your hands. You should not wait to see what will happen with this case. After all, if you have lost your pension due to misinformation and misguidance from your financial advisor, you deserve to claim for your losses. Instead, go to a solicitor and see how much you could be due.

Have you heard of any of these mismanaged SIPPs?

In 2018, the FSCS had around £40 million in compensation claims to hand out for those who had been mis-sold a pension SIPP. This is because they were investigating some of the largest SIPPs before they fell into administration. A lot of these SIPPs were investing in non-standard assets or were cold-calling clients into order to transfer their funds into a SIPP scheme that would be sent back to their business. This meant that the pension SIPP owners would usually get enough investments to line their own pockets, whilst the unfortunate investors would lose out, some of whom lost their entire pension funds.

This list contains only a few of some of the biggest SIPP names that have been mis-sold to their clients. What they have in common is that they have all lost their clients’ money or have pressurised investments. They have now either gone into investigation from the FSCS. Some are even being sued under a fraud case.

Gowing Law Solicitors have already had successful claims made against some of these mis-sold pension SIPPs. We aim to ensure that all of our clients are happy with their settlements. It is not fair that some larger SIPP schemes can get away with mishandling their client’s money. Most of our clients have spent a life time earning these funds for their pension.Therefore they do not deserve to lose out. Here at Gowing Law, we are on your side and will do everything we can to make sure you are rightly compensated against even the biggest SIPP names.

How to handle a mis-sold pension SIPP

If you believe that you have a mis-sold SIPP and are due compensation, the first thing you have to do is consolidate the evidence that you have. This could include written communications, signed documents or information packs. What this evidence needs to prove is that you were unaware of the investment you were getting involved in. You need to show that you were unaware of any of the risks or potential pitfalls that the investment had. Go through your documentation carefully and highlight anything that you think may be of importance.

You may also want to consider writing a letter of complaint to either the SIPP, the business that now owns the SIPP, or the FCA. That way you can make them aware of your case and the action you intend to pursue. You may think that this may make your case more complicated, but it is actually the opposite. If a company knows that they are in the wrong then they may simply agree to your terms and conditions to avoid any more legal trouble.

From there, it is time to get a legal specialist on board to help with your mis-sold pension SIPP case. They can offer you advice that is fully personalized to your case. With their experience you will find that the case will move smoothly and you will get the compensation that you deserve.

Gowing Law Solicitors can help with a mis-sold SIPP compensation case

We understand that pursuing a mis-sold SIPP pension case can be quite daunting on your own. That’s why our trained SIPP mis-selling solicitors are here to help you. Gowing Law’s expert team can offer you a free consultation about your case. If you do choose to work with us, we operate on a “no win-no fee” basis. That means no matter what the outcome of your case is, you will always come out on top.

Feel free to get in contact with Gowing Law Solicitors now to discuss your mis-sold SIPP. We would be happy to offer you our advice. Call 08000418350 or email info@gowinglaw.co.uk. You can also contact us directly by either using the Mis-sold SIPP form or by using our direct messenger on our contact page.

Have you read our other law blogs?

Here at Gowing Law, we pride ourselves on keeping our claimants informed about the latest information. With the current pandemic, the laws of the UK are constantly changing. That’s why it’s important to keep up-to-date with the latest law info. Our blog page contains facts and tips about mis-sold pensions, PPI tax reclaims, mis-sold mortgages and much, much more. Feel free to scroll through our blog to see if anything catches your eye. Better yet, tell us what you want to see in our blog! Please contact info@gowinglaw.co.uk. We would be happy to help.

We hope you enjoyed reading our latest Gowing Law blog!

Motorcycle Accidents: Who’s at fault?

Posted on May 19, 2020 by Hannah Fletcher - Blog, Traffic Accidents, Uncategorised

Motorcycle accidents can happen to anyone. You could be the safest driver on the road and still one day be thrown from your bike. That’s why it is essential that you know your rights on the road, especially if you are trying to figure out who’s at fault for the accident. Did you know that motorcycles make up only around 1% of the UK roads traffic? However, motorcyclists still experience over 14% of serious injuries, or even death, from a road collision. That’s why if you think you have a motorcycle accident claim, the first thing you need to consider is “who is at fault for the accident?”

Now, some people will tell you outright that it is normally a motorcyclist’s fault for being “cocky” and thinking that they can quickly get through a tight gap or dangerous situation without thinking of others on the road. Others will tell you that it is due to an automobile not staying aware of smaller and quicker vehicles that also have the right to be on the road. In reality, it is not that simple. Instead, the entire claim depends on situational evidence. Read on to learn how you can figure out whether or not you can make a claim.

What does it mean to be “at fault” for a traffic accident?

Normally, when a court is looking at a traffic accident claim, they are trying to figure out which of the parties is guilty of a “comparative negligence apportions fault.”

This fault applies to both of the parties who have been involved in the traffic accident and how much damage was caused overall to:

The Drivers
The Vehicles
Any third parties (i.e. pedestrians, exterior destruction, third party vehicles)

All of these factors will be tallied up in order to see which of the parties was at fault in the accident. However, keep in mind that if you ride a motorcycle, the type of vehicle you have is not a reason in itself to be able to claim compensation. Yes, a driver must keep an eye on the road and be aware of vulnerable vehicles (including bikes, scooters and motorcycles), but if an accident occurs the motorcyclist could still be liable for damages.

To be blunt about it, be aware that being a motorcyclist does not automatically make you a valid traffic accident claimant. During your motorcycle training, you have learned how to safely operate a smaller vehicle on the road. That means that you are also aware of all the vulnerabilities it possesses. If you are in an accident, just because you are a smaller vehicle does not mean you will automatically win your case. Each incident is circumstantial.Make sure you understand this before you consider who was at fault for your accident.

Negligence Claims on the Road

If you have been in a traffic accident whilst riding a motorcycle, and believe you are entitled to compensation, you are going to be looking for a “personal injury claim” to prove that the other party’s negligence resulted in your injury or the destruction of your vehicle. If you want to have a valid claim, these are the four main components that you need to consider:

It can be difficult to think about motorcycle accidents that you have been a part of. After all, accidents on the road can happen so quickly it can be difficult to see who did what at a precise time. That is why you need to document out your thoughts as quickly as you can. The closer to the time of the accident, the better. This is because your memory will still be fresh, therefore you will be able to remember smaller details, including times, dates and information about the accident. The smallest traffic accident detail could be the difference between a successful compensation claim and a failure.

If you are struggling to remember details of your motorcycle accident (perhaps due to a head injury) you may want to enlist the help of witnesses to re-account what happened during the incident. You may also want to consider investing in a “dash-cam” so if this sort of thing ever happens to you then you can have video evidence ready to prove that you were not the driver at fault.

The Different Types of Motorcycle Accidents

Now, if you are a motorbike user, it is highly recommended that you look at DanDantheFireman’s Youtube Channel as it is full of useful information on how to keep safe on the road. You are a faster vehicle, meaning that if you are aware of your surroundings, there is a higher chance that you can hold your brakes and prevent an accident.

With that said, there is always a chance that you could get into an accident whilst you are on the road. That’s why you need to be as safety-conscious as possible whilst you are out driving. Over 78% of the time, a car-on-motorbike collision will mean that the motorcyclist will be hit from the front. This means that the impact will be head on. In most cases, this could mean that the accident could turn fatal for the cyclist, or at least leave them with a painful recovery period. Here are some additional common motorcycle accidents that could happen to a motorcyclist.

Additional Motorcycle Accidents

Whilst the aforementioned accidents may affect both cars and motorcycles, there is a likely chance that you might be hit by a different vehicle, including other motorcycles. Common incidents may include:

Left turn accidents
Swerving in front of a different vehicle
Yield Failures
Failing to look out for vulnerable vehicles (bikes, scooters)
Blind spot failure
Speeding
Emergency Stops
Space between your motorcycle and the vehicle
Not wearing safety equipment (i.e. helmets, goggles)

How can I tell who is to blame for the accident?

If you are interested in pursuing a liability case for compensation, it’s important that you figure out exactly how the other party is liable for the accident. Every traffic accident case is circumstantial. Keep in mind that it may not even be the person in the other vehicle that is at fault. Blame for incident could go on a different party altogether, including:

Think carefully about the different factors of what happened in your accident. You may want to immediately blame the other person who hit you, but there could be other factors involved. For example, you may think you are at fault because you swerved into another cyclist. But would you have swerved if that pot hole had not been there in the first place?

This is why it is so important to document your thoughts immediately after the motorcycle accident happens. That way when you are making a compensation case, you will know what factors built up and who is at fault. However, keep in mind that the end result may be that you were the one at fault. Think carefully and seek the help of a road accident expert to make sure you can claim compensation.

Was it really the other vehicle?

It really is important to stress that some motorcycle accidents are not due to the fault of another person. Instead, they could be due to the environment on the road. If you are driving on a road alone and fall off your bike, do you really think you are going to pin your fall on another person? No, instead take a look around you at the safety of the road. Consider what sort of condition the road is in.

Was it covered in potholes?
Did it have cracks, bumps and lumpy tarmac? Aka. Poor maintenance
Was the surface wet without a safety indication?
Have unfinished road works without any safety signs?
Were there any oil spills on the road?
Was there a missing guard rail?

All of these environmental effects can have an effect on your driving ability. If they caused you to fall off your bike then this can mean that you are not liable for your own accident. Instead, you can send in a complaint to the UK government’s traffic department for compensation. You can also discuss this with your traffic accident Gowing Law solicitor so that you can have an experienced lawyer on your side before you make your complaint.

Was it the manufacturer of your motorbike?

Another source of liability that you could look at is your motorcycle’s manufacturer. You may have owned a sturdy motorbike for a number of years, however if you have recently brought it in for repairs, then there is a chance that the repairs made on your bike could have caused your accident. Of course, this also applies to if you have just recently bought the bike, but make sure to take your vehicle out for a small test drive before you get back on the road. This way you can ensure that all of your brakes, lighting and engine functions are working to the best of their ability. You don’t want to get onto the road and find that your brakes have cut out. This is a complete recipe for disaster!

If you do suspect that the cause of your accident was due to a manufacturing or repair fault, you can consider suing their business for compensation. However, you will need evidence to prove that it was definitely the main cause of your accident. If your bike has not been destroyed in the accident, you can use it as evidence. You may also want to consider investing in a dash cam to ensure that you can prove that you did everything you could to prevent your vehicle going out of control. However, you were unable to because of the manufacturing or repair issue. This can prove that the firm was negligent in its care and this resulted in your accident.

Motorcycle Accidents can change your life!

Motorcycle accidents can have a serious impact on your life. Not only can it leave some physical trauma behind (including brain damage and lasting disabilities) but it may impact you financially (especially if you have been unfairly dismissed due to being unable to work) and mentally (through trauma, anxiety and panic attacks). You may have to suffer through months of recovery before you even feel ready to go near your bike again. That’s why it’s important to get the right help.

The same logic can be applied to your legal counselling. If you think that you could be owed compensation, then having an experienced traffic accident solicitor on your side can only strengthen your case.

Gowing Law’s motorcycle accident compensation solicitors can help you win your claim. With our experienced team’s successful track record of won cases, you know that you will be in good hands when you work with Gowing Law’s traffic accident solicitors. We will be attentive to your case and ensure that we make sure to run everything past you to keep you on board throughout the claims process. Our talented law team can help you get the pay-out that you deserve.

Find out more about Motorcycle Accident Claims with Gowing Law!

Gowing Law have a team of experienced traffic accident claims solicitors that can help you get the compensation that you deserve. They can support you throughout your claim and provide you with expert advice. We can also offer you a free consultation and work with you on a no win-no fee basis. That means no matter the court outcome, you will always come on top.

Motorbike accidents claim can get complicated. This is why you need a trained solicitor on your side to help you make things simple. We can help you plot out a timeline for your claim and estimate how much you are entitled to. An injury from a motorcycle accident can be life changing and you deserve as much support as you can get. That’s why you should visit our motorcycle accident claims page and get in contact.

Please call 08000418350 or email info@gowinglaw.co.uk. You can also visit our claims page and fill our traffic accident form. This way one of our solicitors can contact you directly to discuss your case.

Learn more about the law

We have decided to keep our clients updated about the most recent law topics and the basics of law in general. That’s why you may want to check out some of the other blogs on our website. We will keep you updated about the latest Covid-19 information, including how to write a will or deal with an employee legal claim during the pandemic. You can also find information on PPI tax reclaims, mis-sold & miscalculated mortgage claims and immigration.

Please let us know if there are any blog topics that you would like us to cover. We would be more than happy to write about it!

Safety in the Work Place & Covid-19: What are Your Rights?

Posted on May 15, 2020 by Hannah Fletcher - Blog, Covid-19, Uncategorised, Work Place Accidents

How often do you think about safety in the work place? Whether you are a health worker, social carer or you work in a retail environment, if we are going to stop the spread of the Corona Virus, it is essential that you have the proper tools to do this. No one can go into a battle unprepared, and if you are forced to continue working without the proper equipment then you have the right to either stop working or claim for negligence in the workplace. Not everyone has the luxury of working from home, therefore it is important that we prepare those on the front line for the worst.

If you have found that your workplace has inappropriate safety gear, rules or social distancing measures in place, then this is where people can get injured (i.e. ill with Covid-19) or accidents can happen. You can claim compensation for this if your injury was due to problematic protective equipment. Your employer owes you a right of care, therefore if you have been injured it shows that they are failing to meet standard safety regulations. Gowing Law Solicitors can show you precisely how you can make a claim to ensure that the safety of your workplace is maintained. Make sure to check out Gowing Laws Accidents in the work place page for more information!

The Lack of Protective Equipment & Safety in the Work Place

Three weeks ago, the UK was up in arms about the lack of protective equipment that was needed by doctors, nurses, care staff, customer retail space and other public jobs that could not be undertaken at home. Yes, #ClapForCarers appreciated the staff who were out risking their lives for the sake of others. But the fact that the government was not getting people the equipment they needed was a shortcoming. Clearly they were not thinking about safety in the work place.

Those in hospitals were suffering from a lack of personal protection equipment (PPE). The PPE at Work Regulations 1992 states that PPE should be supplied at work wherever there is a major risk of the health and safety of the employees that cannot be controlled through other means. The PPE must be:

Properly assessed before being used to ensure it will not break.
Stored and maintained throughout job activities.
Given to employees with instructions on how to use it safety.

To ensure safety whilst working in the pandemic, each professional area will need a specific set of equipment. Does your own work environment supply you any of the following things:

If your workplace does not have an adequate supply of the relevant PPE, then you have the right to speak up about it. People in the front line should not feel like they are being “bullied” into working for a good cause, especially if there are people around who do not respect the challenges that the job may entail during the pandemic.

Safety in the Work Place Case Study: Belly Mujinga

Belly Mujinga was a ticket worker at Victoria Station. A man approached her and spat on her after claiming that he had Covid-19. Belly Mujinga had underlying respiratory conditions and was admitted to hospital on the 2nd April when she started experiencing symptoms. She died three days later, leaving behind a husband and 11 year old daughter.

This is a tragic case that could have been easily prevented if protective measures had been put in place. That is why we need to ask ourselves these three questions:

Why was a vulnerable person allowed to keep working?
Why did she not have protective equipment, such as face masks, hand sanitizer, protective barriers, etc?
When she complained about this, why did her company not take action? Why did they ignore her?

According to the BBC, the TSSA general secretary, Manuel Cortes, claimed:

“As a vulnerable person in the ‘at-risk’ category, and her condition known to her employer, there are questions about why she wasn’t stood down from frontline duties early on in this pandemic.”

The safety of the employee needs to be made the ultimate objective of any sort of employer. What this case proves is that not enough was being done to ensure that front line workers are being protected against the virus and other people. Key workers do not deserve to feel threatened by just doing their job. That is why, if you think you are in a similar position and feel like your job is not following government advice, you may need to make a claim against them for compensation and better working conditions.

Are you being bullied into silence?

On the 15th May 2020, the BBC announced that some NHS managers were trying to make doctors not speak publicly about the PPE shortage in hospitals. WhistleblowerUK claimed that more than 100 healthcare workers had come forward to say that there were concerns about Covid-19 and PPE. Workers were told through posters and newsletters that they were to stop

“commenting on political issues, such as PPE”.

Do not be afraid to speak up about any mis-treatment or lack of protective equipment. Clearly there is a flaw in the system if people focus on you and your mistakes, rather than the message that you are trying to communicate. By bringing up these issues you could save lives.

However, if you do think that your managers are getting out of hand, or are treating the situation inappropriately, you could make an employer negligence claim. These are normally linked to a work injury claim, where the employer has failed to provide a safe work environment. Worse still, these conditions may have caused an accident (i.e. the spread of the Corona Virus) and could lead to a workplace accident claim. After all, safety in the work place regulations were not being adhered to. You could claim compensation from this.

What are your work rights?

One of the main responsibilities of any employer is to provide the worker with a safe environment. If you have not received any help to maintain your safety when interacting with customers, you have every right to either leave the environment or make a formal complaint. This advice applies to more than just key workers. If you are an office worker, then you have the right to either work from home (if you think the office is not a suitable environment) or ask for social distancing measures to be put into place.

Right now, you may be feeling a little nervous about your working conditions. That is because the world of work is constantly changing- sometimes even on a daily basis. The government’s advice so far has been basically “if you can work from home then do it.” This is because it makes it less likely that a second wave of Covid-19 will hit and cause another lock down. However, there are always going to be employers who try to cut corners and force you to do the maximum on minimum supplies. This is why it is essential that you know at least the basics of your right in a period of crisis.

To put it bluntly:

Covid-19 is an accident waiting to happen

When you think of safety in the workplace, you may think of potential hazards that could affect your physical health. This could be a wet floor, electric cable or perhaps dangerous work appliances. If you are forced to commute or perhaps are in charge of a vehicle, this could also include car accidents and motorbike accidents.

Covid-19 is an invisible hazard that your employers should be trying to protect you against. If you fall sick and they refuse to pay you statutory sick pay (SSP) that is you and your family’s livelihood on the line. Safety in the work place is a big issue. If your employer is neglecting their responsibility for their employees, you can make a claim against them. Whether or not it is through an employer tribunal or is an accident at work claim depends on your personal employment situation.

What has made your work environment unsafe?

Everyone is at risk of catching Covid-19. However, there are things that your employer could be doing that are making the situation even more dangerous. Worse still, due to their actions, someone may have already caught Covid-19.

Have any of the following happened at your work place?

Safety equipment (PPE) has been denied to you and your colleagues.
You have been told to sort out your own safety equipment.
You have not been updated with the latest government safety advice
Social distancing regulations have not been applied (i.e. people are still working in large groups)
Your work place lacks any hand gel, sanitizer or soap facilities
You have not been allowed to work from home despite being able to
You cannot work from home despite living with a vulnerable person
Someone has come into your workplace with Covid-19. Nothing g was done about it- i.e. Safeguarding measures were not implemented to send them home

If any of these things have happened, and they have caused the spread of Covid-19, you could either file a a employer tribunal claim or you could ask for accident at work compensation. Both of these depend on whether or not you were the person who caught Covid-19 because of the lack of safety in the workplace. Either way, Gowing Law Solicitors can help you with these claims.

Accident at Work Claims Procedures

As mentioned previously, accident at work claims tend to be more around physical injury. However, if your employer was the main reason behind you catching the disease, you are entitled to compensation if they are proven to be at fault. In some cases, you may not need to do anything because they will pay you SSP. However, if they have simply washed their hands of you because of your illness, you could be entitled to compensation.

Gowing Law Solicitors can help you process a negligence claim against your employer, especially if it was due to a lack of safety in the work place. That way you can support your family even if you cannot go to work. We can help you do this from the safety of your home. Our specialist accident at work claims team can represent you whilst you remain isolated.

Gowing Law speaks about Covid-19 Related Topics

Covid-19 is a big topic right now when it comes to the world of work. After all, in just a few months it has managed to turn the world upside down. Every day there is something new happening that could change the routine of your world. That’s why Gowing Law is dedicated to getting you the right advice at the right time. We want to make sure that safety in the work place is properly adhered to. But don’t forget to look at some of our additional Covid-19 related blogs. This includes writing a will during the pandemic and what to do if you have been the victim of an unfair dismissal case. Let us know how we can help you.

What should you do next?

Is your employer at fault for negligence or has been the reason behind you catching Covid-19? you can either visit our accident claims page or you can reach out for more information.

To contact Gowing Law Solicitors, please call 0800 041 8350 or email info@gowinglaw.co.uk. You can also message our team directly by visiting our contact page.

We look forward to helping with your case soon!

Are you the Victim of a Mis-Sold Pension?

Posted on May 12, 2020 by Hannah Fletcher - Blog, Pension Claims, Uncategorised

No one deserves to be the victim of a mis-sold pension. As we get older, we deserve to enjoy our golden years with a secure pension to support our livelihoods. After all, you have worked hard to earn this period of relaxation. However, if you have opted out of your job’s pension scheme, you may have been unintentionally mis-sold a pension by an unscrupulous firm or financial advisor. Whether you want to move pensions or are considering a specific SIPP, it’s important that you are aware of all of the s that come with investing pensions into money schemes.

Here at Gowing Law Solicitors, we understand that many people investing in more high-risk schemes are simply looking for a stronger pension fund altogether. So, if you have already become the victim of bad financial advice, we can help you make sure that you receive the compensation that you deserve. Today, we are going to learn what sort of high-risk pension schemes are out there that could make you lose money!

The Three Types of Pension Schemes

Before you consider whether or not you have been the victim of a mis-sold pension, it’s important to know what sort of pension you already have. There are three options available to you:

For both your defined benefit pension and defined contribution pension, you will usually get around 25% of your nest egg tax free. However, keep in mind that any private pension arranged by yourself may go up and down depending on what sort of investments were put into it. The value of how your pension pot will perform will then depend on how well your investments perform.

Automatic Pension Enrollment

One of the main questions that you need to ask yourself before you retire is ”How much money will I have to live on?” For most people, the answer is going to be that it will be significantly less than what you may have been earning whilst you were employed. If you don’t want to be living on the bare minimum, then you will need to consider whether or not it’s worth it to invest in a state pension all together. Now, Martin Lewis, in an interview on This Morning gives some useful tips on improving the state of your pension. But is this really enough?

If you are thinking about leaving your “auto-enrolled” pension, you may have been looking into a privatized financial scheme. This would help you take the money that you have saved, invest it in a validated scheme and then reap the reward.

Pension Investment Schemes

There are quite a few schemes that you can invest in.

SIPPs (Self- Invested Personal Pensions)

A SIPP is an investment scheme where you can use pension funds to create a higher return. Whilst you can get advice from your financial advisor on these plans, remember that they are more suited to experienced investors. This is because the bigger risks tend to have more returns. Try to avoid investing all of your pension into one SIPP, that way it is less likely you will be too badly impacted by a mis-sold SIPP.

GSIPPS (Group Self-Invested Personal Pensions)

GSIPPs are offered by employers to build up a larger retirement fund. They focus on a group of people under a specific scheme. Each person under the scheme has an individual SIPP contract between you, the other members, and the pension provider. Your employer can contribute to your GSIPP, but they may also need your contribution as well.

SSASs (Small Self-Administered Pension Schemes)

This scheme is a workplace pension that is established by key members of staff and company directors. They can offer this scheme to any employee who wants it. The best part of these schemes is that you can choose precisely how your money is invested. You can even decide to invest in the company you’re employed by. Just make sure you know all of the risks of the investment before you confirm your interest.

Private Sector Investments

A private sector investment can be high-risk, as you will need to look into the potential investments yourself and consider their risks. The private sector includes a wide range of industries that can be sponsored and return your investment at a higher price. This should increase your standard of living.

Defined Benefit Transfers

You may decide to transfer your salary-defined pension in exchange for cash. This is what is known as a defined benefit transfer, aka. A final salary transfer. You must then invest this money into a defined contribution scheme, aka. A personal pension or a SIPP.

The three that you are most likely to invest in are SIPPS, SSAS and Defined Benefit Transfers. This is because the majority of them do come with less risk. You can find out the best schemes for you and your pension through a reliable financial advisor. But be warned, it is also useful for you to do your own research on the schemes that you have been recommend.

The Signs of a Mis-Sold Pension

When you are deciding on which pension scheme is right for you, it is essential that you get solid advice from a financial advisor that can steer you in the right direction. However, not all pensions are the perfect fit for everyone. Sometimes your advisor can tell you to invest in the wrong type of pension. This is where there is potential for you to make a mis-sold pension claim.

If you have been mis-sold a pension, you need to consider:

Was it sold to you due to bad financial advice?

If you did not understand the full risk of your pension investment, and therefore lost your funds due to it, this could mean that you are due some form of compensation. This is because you were not made fully aware of what sort of financial scheme you were getting yourself into. Instead, you lost out due to the negligence of someone else. This means you deserve to be compensated for your losses.

There are other ways that you could have been mis-sold a pension. Check out some of our examples below!

What really brings these types of claims together is the fact that you did not have any knowledge of them. You were promised a certain type of pension scheme and, instead, received something completely different. You are the victim of negligence, and your investment was used for selfish reasons. This may have put you in a notably worse financial position than when you first started. If you were really unlucky, you may have lost your entire pension fund altogether! That’s why, experienced mis-sold pension lawyers, like Gowing Law Solicitors in Manchester, are here to help you claim any compensation that is owed to you.

Don’t forget about mis-sold SIPP schemes!

As you can see from our infographic, there are quite a few pension schemes that have the potential to be mis-sold to you. Mis-Sold SIPP schemes work in a similar way, meaning that you will have to keep an eye out on the invested company and any advisors who recommend you the scheme in the first place.

Here at Gowing Law Solicitors, we want to make sure that you know exactly which bad SIPP schemes are out there. That way you can know precisely whether or not you have a compensation claim with them. This is why we have started creating a list of mis-sold SIPP schemes. This includes:

The Dolphin Trust / The German Property Group
Berkeley Burke
Harlequin Properties
Liberty SIPP
Fast Pensions
TailorMade Independent
One Stop Financial Services
Guinness Man & Trust
Point York SIPP

Make sure to check out our Mis-Sold Pensions page for more information on SIPPs!

Gowing Law & Successful SIPP Claims

If you are considering working with a Gowing Law pension solicitor, we want you to know that you have an experienced claims lawyer on your side. Our team of mis-sold pension specialists have already won legal battles against problematic SIPP providers and financial advisors. This includes:

Berkeley Burke
Harlequin Properties
The Dolphin Trust/ The German Property Group

It can feel intimidating going up against a large financial investment company on your own. But you don’t have to! With the help of a specialist mis-sold pension lawyer, we can help you get the compensation that you deserve and much more. No one deserves to have their retirement fund taken away from them due to false promises. That is why our expert pension claim advisors are here to assist you with your case.

What do I do now?

No matter how big or small your claim is, it is worth pursuing. You deserve compensation. After all, you invested your hard-earned money and expected something in return. If you have experienced a financial loss due to your pension investment, it’s time for you to get help. You can work on your compensation on your own, or perhaps visit the UK Government’s website for help, but having a solicitor on your side can simplify the process and increase your chances of a win.

The first thing you need to consider is the amount of information you have on your pension. No matter what you have been mis-sold, the more information you have on it the better!

The documents you have need to:

Prove you were unaware of the risks of the investment
Show that you were promised more than you received
List the main clauses of the agreement and what was expected from the financial advisor
The details of any parties that are involved
Any signed documents or letters of communication

If you want more advice on what you need, make sure to contact the FCA or the Financial Ombudsman to see what legal powers you have. You can also make the company aware that you plan to launch a complaint against them. From there, contact Gowing Law Solicitors to help prepare your case. Our trained lawyers can help make things simple for you and get all of your information ready for any legal battles that may ensue.

How long will it take to make a case?

Most people try to leave their mis-sold pension case in order to see how things change in the future. However, we would recommend that you get in contact with Gowing Law as quickly as possible. You deserve compensation and we can get it to you in a timely manner.

Remember, how long it takes to get compensation depends on how big your case is. Some mis-sold pension claims are simpler than others. Therefore some may just take a few weeks, whilst others make take a few months. Please make sure to be patient with you pension claim solicitor. They will give you the best information possible and how you can move forward

How much could I claim?

Again, this depends on how much you have put into your pension investment. Each claim will depend on an individual’s circumstances. That’s why some claims are worth thousands of pounds. The Financial Services Compensation Scheme (FSCS) can provide you 100% protection on a pension mis-selling claim for up to £50,000. Work with your solicitor to see how much you could be owed!

What do you want to read about next?

We want to make sure that you are up-to-date with the latest law blogs. That’s why we are always uploading new topics to our blog page. This includes topics on immigration visas, the basics of PPI tax claims and even information on Covid-19 & Wills!

If you’re interested in learning more about one of our specific services, please get in contact with Gowing Law Solicitors today through our email: info@gowinglaw.co.uk. We want to write about everything that you want to know.

Contact Gowing Law Solicitors today to learn more about mis-sold pension schemes

Mis-sold pensions are never fun to deal with on your own. That’s why Gowing Law Solicitor’s trained pension mis-selling specialists are ready to offer their help. We offer free consultation advice and work on a “no win- no fee” basis. That means you will not have to pay if we do not win your case. Any fees will be discussed with you upfront to ensure you understand what to expect when you work with us.

Contact Gowing Law Solicitors now by calling 08000418350 or emailing info@gowinglaw.co.uk. You can also use our direct chat on our contact page to message our staff about your enquiry.

From everyone here at Gowing Law, we wish you the best of luck with your mis-sold pensions claim and look forward to working with you soon.

Top 5 Tips for Making a Will during the UK Lockdown

Posted on May 11, 2020 by Hannah Fletcher - Blog, Covid-19, Wills

As you may have seen from Boris Johnson’s speech on May 10th, the lockdown rules are about to be relaxed for specific types of workers. However, that does not mean that the lockdown has been entirely lifted. It’s important that we stay aware of our own action and keep up with social distancing. If we want to protect our families from Covid-19, then we need to think more about the future. Have you been thinking about making a will? It may be the best thing to do if you want to prepare for the worst. Gowing Law Solicitors, and our trained will-making specialists can help you draft your wishes into a specific written format. That way you can ensure that, even after you have passed, you can leave something behind for your family, friends and loved ones.

Is this your first will?

We all need to start somewhere! Making a will is going to be one of the hardest things you have ever done in your life. It can be difficult to confront our own mortality. However, the main purpose behind a will is to let your loved ones know exactly what your wishes are after you have died. Your will should contain information about:

Your financial assets
Any land/Property
Legal guardianship
Your investments & debts
Mortgages & tax

For some people this may be very simple, but for others it may be a bit more complicated. That is why it is essential that you create a will checklist that can organise your thoughts. Check out our will making checklist below:

Use our list whilst looking at your own property and the assets that you legally have possession over. When you have listed out each of these assets, make sure to tick them off on our checklist. By the time you have finished the checklist, this should have helped you list out all of your requests and what should be passed on to your benefactors. If you are interested in learning more information about the basics of constructing your will, make sure to have a look at this useful video by The Law Society. It will help tie up any loose ends:

If you have any additional questions, remember to ask your specialist will creation expert from Gowing Law Solicitors. They can help put your mind at ease and solidify your will check list.

What should not go in a will?

Some parts of your property may not actually be yours to give away. It’s important to remember that some properties or assets already have a default heir listed upon your passing. These are some examples of what you should avoid putting in your will:

Living Trust Properties

A living trust will move straight to the beneficiary and completely skip probate. If you add it to your will then it may create contradictions, i.e. in who is the beneficiary.

Joint Tenancy Properties

As this is owned by both you and another person, the joint tenancy property will go to the “survivor.” This is known as the “right of survivorship.” It means that there is an automatic pathway to give the second owner the full rights to the property, including any accounts or savings.

Life Insurance

If you have a life insurance policy in place, it does not need to go into your will. This insurance policy will already go to a pre-arranged beneficiary. You can choose the beneficiary/ beneficiaries by updating your policy at any time.

401(k)s, 403(b)s, pensions, and IRAs

If you have already created these financial agreements, then they will come with a set beneficiary/beneficiaries. That means you will need to update those contracts as often as you update your will. Just make sure that you keep them separate. That way they won’t contradict each other.

Finding a Will Executor

If this is your first will, it’s important that you enlist the help of someone who can be trusted to carry out the wishes of your will. This will be your Will Executor. Keep in mind that this can be two people if you wish to divide up the responsibility, such as your partner, children or perhaps a very close relative.

The duties of your will executor include:

Helping beneficiaries receive what is owed to them
Paying any bills owed by you or your estate
Tax Payments
Valuing and distributing your estate (depending on your will)
Appearing in court to settle disputes
Probate applying
Ensuring that they have the latest version of the will
Arranging your funeral

This can be quite a hard job, so make sure that your executor is present when you visit your solicitor for appointments about your will. They can inform your executor about how they can fulfill their responsibilities should they get complicated.

Corona Virus & Will Inquiries

Presently, the UK has experienced over 31,855 deaths due to the Corona Virus. This is why there has recently been an increase in will inquiries from many different areas of the UK. Svenja Keller, the head of wealth planning from Killik & Co has claimed:

“We have seen an increase in the number of enquiries regarding wills since the Coronavirus outbreak – roughly an increase of 50% compared to April last year – the majority of which are for new will clients.”

Now, you may feel like you do need a will. Covid-19 is an invisible threat that can affect anyone, especially if you are a part of the older generation. So, now that you understand the basics of making a will, you may be asking how you can make one for yourself. You can make one with the help of the Government website, but this may leave you confused if you are trying to adhere to social distancing policies.

This is why you may need the help of a Gowing Law Will Solicitor in Manchester to clarify your current situation. We can ensure that you remain completely safe in your home whilst we validate your will.

Making a Will during Lockdown

Over the last few weeks, Covid-19 has changed the way that we have all live our lives. Some people may be suffering from a unfair dismissal whilst others may have been furloughed whilst they isolate. If you want to keep yourself safe as you create your will, Gowing Law Solicitors can help you. We understand that you may want to keep all face-to-face communication at a minimum, which is why we will ensure that any discussion of your will can be over the phone or through a video call.

But this isn’t the only thing that can help you create your will. Read on below to learn the top 5 ways you can make your will without breaking social distancing regulations. You can apply these tips to both our solicitors and your witnesses.

Adhere to Social Distancing

Although it will be quite difficult to find witnesses to sign your will, all you need to make sure is that each of you can see each other sign the will. Make sure that each of your participants can add their names, addresses and signatures. Keep an eye on the latest laws and updates as the situation in the UK can change fast. On the 11th May 2020, there has even been news that the courts will reopen in Wales. Therefore, it is likely that more news on will construction may be coming up soon. Make sure to keep an eye on the BBC and their latest updates. Just remember, you can create a will during this challenging time. You may just need to get creative with how it is witnessed!

On your Behalf

Now, normally when you make a will, you will need to have two impartial witnesses that have no right to anything from the will itself. However, in some circumstances this may not be possible. For instance, if you have a serious illness, dementia or cannot sign the will on your own, you will need someone else to act on your behalf. However, you will need to have a confirmation that you are aware of the contents of the will, and that you were happy to have the will signed on your behalf. You must be fully aware of everything that was written in the will to ensure its validity. Make sure to tell your solicitor this as well. They will let you know whether or not you need a medical practitioner’s statement to confirm that you understand what you are signing in your will.

What to do if you already have a will?

It is normal to want to change your will around every 5 years. Your circumstances are not going to stay the same. People are going to come in and out of your life over time. Therefore, you need to be prepared for it.

If you want to change your will, then you can follow the same procedures as if you were creating a new will. Adhere to the social distancing policies and work with Gowing Law Solicitors remotely. We can look at your previous will, speak to you about what you want change and then help your draft up something new. We can work with you until you are completely happy with your new will. Then you will need to find witnesses to sign the new contract. Do not worry. We can help guide you through all of this, as we understand it may get a little tricky with the lockdown laws in place.

Any future minor amendments can be added to your will as a “codicil”. However, keep in mind that this must be signed and witnessed like your will. You do not have to have the same witnesses for any amendments that you make.

Gowing Law Solicitors can help you!

You can work on a will by yourself with the help of information on the internet. However, it is better to hire a lawyer to make your will. That way you can avoid common pitfalls and ensure your will’s validity. Gowing Law’s will experts can talk you through what you need to include in your will. They can offer specialist advice to ensure it is fully personalised to your wishes. Once it is completed, we can also keep it safe until you either need it or want to change it.

For more information, you may want to visit our will writing page. There you can learn more about our prices and services about making a will. From there, you can get in touch with our specialists. Check it out through our link below:

Contact our Manchester will lawyers now

If you have any questions about writing or changing a will during the lock down, please call Gowing Law Solicitors on 0800 041 8350 or email info@gowinglaw.co.uk. You can also use our contact page if you want to use our direct messaging system.

We look forward to hearing from you soon!

Writing a Will in the Corona Virus Pandemic

Posted on May 6, 2020 by Hannah Fletcher - Blog, Covid-19, Uncategorised, Wills

You should not try will writing on your own. There comes a time when we need to think about our last will and testament. No one likes thinking about death. But eventually our age is going to start catching up with us and it’s extremely important to start thinking of the future.

The Corona Virus has made a lot of people start to think about their mortality and how they can protect their families. That’s why there has been a jump in will inquiries by 75%. A will can grant you peace of mind during this troubling time. After all, there is only so much you can do to protect yourself. If the worst comes to the worst, a will can ensure that you can help your family and friends even after you have passed. That’s why it’s crucial that you are able to contact an experienced solicitor to help you through the process.

Your Vulnerability to Covid-19

As you can see from the video, there is a higher chance that you may die from Covid-19 if you are older or have an underlying health condition. That is why the government has imposed a lock down of at least 12 weeks for these vulnerable categories of people. During this time, it is essential that you stay indoors, although you can open a window if you need fresh air. You must not visit anyone and impose social distancing from others who are not currently living with you. The people you live with may also need to discuss their work options so that they do not bring anything home that could be transferred to you.

This whole process is known as “shielding” and has probably given you enough time to yourself to think about the future and what are you going to do if the worst comes to the worst. According to deVere group’s CEO, Nigel Green, he has claimed that the current will enquiries from vulnerable people are due to “minds being more focused” on a post-death financial plan. More specifically, Green claimed:

”The corona virus pandemic has had an unprecedented, collective focusing-of-minds effect. Like too many aspects of financial planning, including retirement planning, drawing up a will is not something that most people rush to do. It remains ‘on the back burner’ until something, such as an illness or a change of circumstances, focuses minds.”

People have more time on their hands to think about their own personal lives thanks to social distancing. Without the distraction of work, socialisation and private matters, it is natural to think about the prospect of the future and how your family will be able to cope if the worst comes to the worst.

Why is it so important to have a valid will?

This is a time of uncertainty. You cannot possibly leave anything to chance, including your own health. You may be following all of the lock down rules perfectly, but there is still a chance that you could potentially catch Covid-19. That’s why it is important to consider what you want to leave behind if your children or family are struggling due to an unfair dismissal case once the pandemic has ended.

However, there are additional reasons why you need to consider creating a will in this pandemic:

As you can see, there are a number of emotional and logical reasons why creating a will can help both you and your family. Documenting your financial assets can help your family and friends organise themselves based on what your wishes were. During the grieving process, this can ease the burden on them, especially if they are your executor.

So, now that you have motivation to start creating your will, you may be considering how you can even begin whilst you are still under lockdown. Well, the answer is a lot simpler than you think.

The Basics of Will Creation: Corona Virus Edition

If you are interested in creating a will, it’s important that you understand what information you need to place in it. Yes, you may have assets, but you need to know precisely what you want to pass on to your friends, relatives and loved ones. Working with a Gowing Law Solicitor can help simplify the process, however until you make a consultation, we have made things easier with an infographic. Please see below for more information:

Remember, Gowing Law Solicitors can help you with this will creation process. If you bring us all the information that you want to put into your will, it can be constructed in an extremely organised manner. We understand that the Corona Virus has caused some difficulties in the will writing process. That’s why not all of these will writing legalities will be able to be adhered to in the future. If you are concerned about this, make sure to contact our lawyers for their advice. It is completely free.

The Call for a Laxing of the Law

Amongst this rise in will writing, some problems have occurred. As we are currently all self-isolating and are social distancing from each other, this has made it extremely hard to find witnesses to validate the will. Although there has been talk about video-calling being a way of getting around it, it has been agreed that a physical presence is still required in order to make sure that the will writer has not been forced and is of sound mind. That’s why the following options may need to be considered in order to get around it:

All of these ways will suitably ensure that you are kept away from people, whilst ensuring that you comply with will validation rules. With two witnesses saying that they signed and saw you sign your contract, that means that it is legally binding and will ensure your peace of mind.

If you want more advice on how to validate your will during the pandemic, please speak to our will specialists for their opinion. Although you cannot sign a contract with an electronic signature, the influx of will requests may soon change this.

The Use of a Trained Will Solicitor

Yes, you can create a will on your own, and can seek government advice to get started, but have you ever considered what will happen if you make a mistake in your will? This could destroy the validity of your writing altogether. It will not hold up and instead will force the UK court system to try and divide your assets up equally to your family. If that is not what you wanted then this could spell disaster for you!

Specialist will writers, like Gowing Law’s team of experienced will solicitors in Manchester, will ensure that no mistakes are made before, during and after the will writing process is complete. Here are a few examples of some benefits that may convince you further:

The Perks of having a Will Solicitor

You can avoid common mistakes that may invalidate your will.
Your solicitor will understand the formal requirements of making a legal will.
Your lawyer will take into account all of your money, property and assets available before making the will.
A solicitor will understand how to make quick changes to the will should your beneficiary die before the will-maker.
A lawyer will know how to simplify a complicated will and ensure that your wishes are carried out efficiently.
A specialist will be able to advice you and your executor how to hand out the assets of your will, even if there are assets or a business that are overseas.
You will have full control over the will, but your lawyer will be able to draft it in a way that is logical, understandable and valid. You can suggest any additional changes that you need.

Remember, you can hire multiple people to help you with your will. For instance, you can seek the advice of a solicitor, but if you are part of a trade union, they may offer a free will writing service. However, make sure that if you use their services, make sure that it belongs to The Institute of Professional Will writers. That way you can ensure that the will created will be completely valid.

How much does it cost to create a will?

Now, this depends on the solicitor that you decide to use and the complexity of your will. However, if you tend to use Gowing Law Solicitors, here are the following prices:

How long does it take for writing wills?

Again, this depends on how complicated your will is and how many assets you have. Gowing Law’s trained will solicitors aim to get you a draft of your will as quickly as possible after your initial consultation. Whether it takes a few weeks or a few months depends on your redrafts and how many financial obligations you have. Make sure to contact Gowing Law Solicitors to discuss your own situation and your will.

Ready to learn more about the law from our blog?

As we are all currently in lock down, Gowing Law Solicitors wants to entertain and inform our clients with large law blogs about a range of topics. This includes the basics of PPI tax, miscalculated mortgage claims and even UK immigration during Brexit. Feel free to look at our blog page if you want to know more. We are confident you will like what you find. Happy reading!

Contact Gowing Law Solicitors for help!

Here at Gowing Law, we will prioritize your will to ensure that it is quickly validated. We understand that as we are all working remotely, this may make things quite difficult. However, we will work around your schedule and maintain social distancing. This way we can keep on track without any danger to you or your family. We will work with you to ensure that writing your will has your own personal touch. Our specialist will solicitors in Manchester are extremely sensitive and will treat your case with care. Make sure to provide them with as much information as possible. That way we can construct your will in a way that counts.

You can also contact Gowing Law Solicitors through our contact number (0800 041 8350) or through our email (info@gowinglaw.co.uk.). We would be happy to discuss any additional queries you may have about our will-writing series.

Keep safe, secure and stay at home!

Covid-19: Legal Advice for all Employees

Posted on May 5, 2020 by Hannah Fletcher - Blog, Covid-19, Employment, Uncategorised

No one can deny that Covid-19 has changed the face of employment and the world of work forever. So many people have become the unfortunate victims of unfair dismissal due to the fact that their business has been locked down, or they have been unable to leave the house. That’s why it’s extremely important that you understand your rights. Whether you are still employed, have been furloughed, or have lost your job, it’s time for you to understand how you can take your fate into your own hands and figure out how to protect yourself and your family from any financial threats.

Overview: Covid-19 & Employment

As lock down hit the UK, it brought with it a feeling of uncertainty. Not everyone had been able to predict that they would lose their jobs, but as a result it had a knock-on effect that left them without an opportunity to go out and look for more work without putting their families at risk. The situation is in flux. What occurred last week may become obsolete by the time the next week occurs. That is how fast the situation is changing.

Now, smaller businesses and have been offered a life line called the bounce back loan. Within the first minute, Barclays received around 200 applications and Lloyds gained 5,000 applications within 3 hours. These loans go up to around £50,000, so hopefully this will protect employees that are currently on furlough and those that are working from home. Make sure to check out the government’s website for more information.

With the lock down still going strong, the basic gist of the situation is that the world of work is going to be changed forever. As an employee, you will need to get used to a new work environment, as well as figure out how you will undertake tasks whilst respecting the new social distancing regulations.

What has happened to your job?

No matter what type of career you have chosen for yourself, you will have to accept that you will have to make some changes to your daily life. Unfortunately, according to Citizens Advice, there are no policies in place yet to protect you from being dismissed by your employer. If they have been shut down then that is it. You cannot keep your job. Here are some examples of what you could be experiencing:

If you are an essential worker then you may find that you are made a priority when it comes to the work force. Your job may become busier or new health policies may be put in place. This includes social distancing, hand washing and face mask policies. Remote workers will still be paid their wage but will be have a VPN or method of communication to ensure that work will continue to be done. This will be suitable for office workers and, potentially, teaching staff.

However, things may be a bit more difficult if you are experiencing furlough or have lost your job completely.

Self-Employed Workers

Naturally, if you are a self-employed worker, you may also be starting to struggle with payments, customers or even wages owed to freelancers that you currently employ. But don’t worry! During this troubling time you are not alone. Instead, you could be eligible for a range of loans and grants from different financial service providers and the government. Some of these grants can go up to 80% of your profits up to £2,500 if you sign up to the Self-Employment Income Support Scheme. Check your options out now on the UK government’s website!

Furlough: Emergency Aid

If you have been furloughed then that means you are still being employed by a company, however it is not safe to go to work. You may be feeling a little frightened by this situation. On the 20th April 2020, it was confirmed that over 1 million people had been furloughed by their company and even now it’s predicted that around 9 million people will be furloughed in the future. That’s why it’s more important than ever to know what you, as an employee, are legally entitled to.

As you can see, if you have been furloughed you will still receive most of your pay to support yourself and your household. You also have the opportunity to go out and find an additional job if you are not making enough money. Remember, if you do find additional work, to inform your current employer. That way, when they rehire you then you can know when to keep your notice in.

If you are currently working for more than one employer, each of the employers can furlough you up to £2,500. That does mean you have the potential to earn higher than this allowance. However, keep in mind this depends on how much of a wage you were earning in the first place with all of your employers.

Are you not being paid through the Job Retention Scheme?

Before we start this section, make sure your employer knows about this video and knows about the Job Retention Scheme:

The Job Retention Scheme is designed to support businesses and keep their employees working, even if they have been furloughed or cannot travel to their place of work. That way they will be able to keep up their standard of living and support their families.

Not everyone can feel confident that their employer will actually pay them throughout the pandemic. Your employer may not have realized they could have used the scheme, or perhaps just told you not to work. Whether or not you can continue to be paid depends on what your employer has told you. Read this carefully:

“You are being made redundant”: This means that there is no work for you and you are no longer employed.
“Just go home”: There is no work or pay for you.
“You are being laid off”: This can mean that you are a still employed but you are not going to be paid, namely because there is no work to be done.

Make sure to check with your employer exactly what they mean by their phrasing. In some cases, they may have simply said the same thing. That means you can still have the chance to be paid through furlough and even have a second job. You can then remind your employer that they can backdate your pay to the 1st March. If they refuse you, make sure to ask them for a reason why and to give you it in writing .From there you can contact the Citizens Advice Bureau for help.

Employment Status Wording

It is the worst thing in the world to know that you have been laid off from your job. One minute you felt secure and that you had control over your life. Now, you may not know how you are going to afford groceries or support your family. It is a truly scary time. Some people are handling it better than others, but every person has their own personal story and situation.

If you have been made redundant or have lost your job, there are three things you need to check for before you do anything:

Has your employer had a group consultation if they have made more than 20 people redundant?
Have you been chosen for a fair reason?
Has your employer discriminated against you?

If you feel like you have been let go for an unfair reason, and have worked at the company for at least 2 years, there is a chance that you could file for unfair dismissal compensation due to the Covid-19 pandemic. Tribunal claims for unfair dismissal can be filed before 3 months have passed since you had been out of work.

Looking for a New Job

One of the main things that we need to stress about being made unemployed is that you need to find a new job fast! Yes, you can apply for benefits. But the Corona Virus has affected a lot of different people and has put them in the same situation as you. That means the waiting times for benefits are longer. The best thing you can do is try to find remote work that can pay you enough to get through the next few months. Start looking on Indeed, TotalJobs, LinkedIn and many other job websites to get started.

Remember to also look after your mental health. Losing your job can make you feel like the world has crashed around you. But it doesn’t have to be like that. Think of this experience like the tide. It has just gone out and taken everything with it, but soon it will come in and refill the dry sand with water. Use the time to think of your mental health and to make yourself feel better with apps like Headspace and Calm. You may also want to start looking into free online courses that can be used to fill out your CV. Turn this loss into an opportunity.

Gowing Law Solicitors can help you with your unfair dismissal tribunal!

Gowing Law has a number of unfair dismissal solicitors in Manchester that are ready to help you with your claim. Our staff members are currently working remotely, but we can still contact you in order to work through your case.

Make sure to provide our experienced unfair dismissal lawyers with as much information as you can about your case. You may also want to send your previous employer a letter of complaint. That way you can let them know that you intend to pursue legal action.

Contact Gowing Law Solicitors now to set up an initial consultation. We can do it over the phone or set up a call to help you. We offer free advice to our clients and work on a “no win-no fee basis.” That way you will always come out on top. Message info@gowinglaw.co.uk or call 0800 041 8350 now to talk to our specialists about what you could earn now in compensation.

Check out our older blogs for more information

We want to make sure that you are kept updated about the most useful law information during this difficult time. This includes information on the basics of PPI tax claims and mis-sold mortgages. If you can think of a topic, we will make sure to write about it. That way, you will never be in the dark about what sort of compensation you could be owed. Make sure to take a look at our blogging page to read more.

Keep safe and secure. Stay at home and save lives.

Good luck!

Unfair Dismissal Claims & Covid-19

Posted on May 1, 2020 by Hannah Fletcher - Blog, Employment, Uncategorised

Covid-19 has turned the world on its head. There is no denying that, especially when people are fearing for their jobs due to unfair dismissal. Over the last few weeks, the world has changed from a bustling hive of businesses and social contact to a country filled with empty streets and ambulance sirens.

For any employment lawyer, such as the professional Manchester experts from Gowing Law Solicitors, a regular scenario is for employers to misuse their power to keep employees working in a way that will benefit their business. However, as we are now facing a pandemic, it is essential that businesses do three things:

Follow government advice for social-distancing and the safety of employees
Cut costs in order to keep the business running for as long as possible
Keep the business open to ensure that life can relatively continue on as per usual

Whilst this may sound good in theory, it can be more difficult when it is put into practice. In order to save money, and in some cases to save the business, workers have either been furloughed or unfairly dismissed. That’s why it’s more important than ever for workers to understand their rights, especially if their employers cannot afford to stay open.

If you feel like your livelihood is being threatened due to unemployment, this is the article for you. There is a high chance that you have been unfairly dismissed. Due to this, you may have the opportunity to make an employment dismissal claim against your employer.

Unsafe Work Spaces

It is funny to think that the video displays what was only a “scenario” for the UK a month ago. Now we are all dealing with these plans in normal life. Before the lock down, we all knew the fear a little while ago when we still had to travel on public transport to work. You could visibly see people flinch whenever someone even attempted to cough. However, not all workplaces seem to harbor the same fears.

Whether you feared for your own health, the health of your family or perhaps the health of a vulnerable person, the government encouraged remote working due to how quickly the virus has spread. Employers should now be focused on the health and well-being of their employees.

The UK Government has advised these employer rules to start with:

The Risk of Job Loss

Yes, Covid-19 has caused a bit of chaos within the workplace, but if you keep an eye on government policy, you should be able to deal with it if you are an employer.

However, not all employees are as lucky. Whilst some may have been allowed to bring all of their business home to work whilst practicing social distancing, others simply may have lost their jobs altogether. Take the hospitality industry, for instance.

On the 17th March 2020, the BBC announced that the hospitality industry was at risk of

“thousands of closures”.

If you work in this industry, this is your job on the line. According to research from LinkedIn, although some people have done well due to the virus, around 28% of surveyed people have been forced to use their savings in order to keep their lives stabilized. As well as this, nearly a quarter of furloughed workers have struggled to keep up with their mortgage repayments or have been unable to afford rent payments. This is all thanks to the idea that they have either been furloughed or have been let go from their job.

The Job Retention Scheme

Now, before you think about making an unfair dismissal claim, it’s important to speak to your employer about your rights and how they plan to keep your job safe. Even if you are being forced to work from home, or have been furloughed, your employer may be obliged to still pay your wages if they take part in the Corona Virus Retention Scheme. This scheme is designed to help businesses retain their employees for around 4 months. Check out the video below for more information:

Are you the victim of an “automatic dismissal?”

You’ve probably heard of an unfair dismissal before. To put it bluntly, it is when you are fired from a job for an unfair reason. However, you probably haven’t heard of an automatic unfair dismissal.

How can this help you?

Have a look at the options about what could consist of an automatic unfair dismissal. It is all about the health and safety of the employee, aka. Staying away from the office due to it becoming a dangerous environment. As this is a circumstance of serious danger, you did have the right to refuse work whilst this danger continued. This means that you should have been protected from any unfair dismissals.

You cannot see where the Corona Virus is in your office, therefore it is clear that this should have meant you had a good reason to be protected from losing your job. Your employer may have also ignored the government advice for staying safe from the virus, including social distancing, PPE or deep cleaning the environment. They may have also not allowed you to work remotely if you lived with a high-risk family member that was trying to self-isolate.

All you were doing was trying to keep your family and yourself safe. You should not have been dismissed because of this. Keep in mind that it is not about your employee’s state of mind. Instead, it is about yours and how you choose to react to the pandemic.

Overall, this means that you could be entitled to compensation.

Additional reasons why you may have been unfairly dismissed

Now, we are in a time where the main reason why you may have been dismissed is due to the lock down. But remember this may not be the case for everyone. You may have also been made unemployed due to the fact that you:

Refused to give up specific working time rights (i.e. breaks).
Asked for flexible working hours.
Resigned whilst giving the correct notice period.
Applied for leave as a vulnerable person (i.e. pregnant, ill or old).
Became a “whistle blower”, aka. Exposed something wrong in the work place.
Were forced to retire.

Employment Tribunals & Your Rights

If you have been unfairly dismissed, Gowing Law Solicitors can help you with this. You can get compensation that can support you and your family as you try to get through the pandemic- or at least until you find another job that allows you to work remotely.

The first thing you need to think about is whether you unlawful treatment is just an unfair dismissal, or whether it has also involved discrimination or unfair deductions from your wage. This can add to your case, but remember to stick to the main facts about your dismissal. That is what is going to make the difference between whether or not you have a claim.

To get compensation, you (or Gowing Law’s top Manchester employment solicitors) will go to an employment tribunal. A tribunal will make a decision on whether or not you are entitled to compensation.

Make sure to make your tribunal claim within 3 months of being dismissed from your job.

Qualifying Periods

An important thing to note about unfair dismissals is that they also depend on how long you have spent at your place of work. You need to have worked through your probation period and need to be classified as an employee.

A qualifying period includes:

After 6th April 2023: Two years
Before 6th April 2012: 1 Year

Making an Unfair Dismissal Claim

Once you have contacted ACAS about your employment tribunal, you will be given an ACAS early conciliation certificate number. You will then need to gather as many details as possible about your claim, including the background, dates and the people/company involved in the case. Gowing Law Solicitors, the top Manchester lawyers for unfair dismissals, can help you gather this evidence and fill out a claims form.

When your court date comes, you will be expected to bring this evidence with you into the courts. Your Gowing Law Solicitor can come with you to provide support. A judge will then listen to your case, the evidence and any additional examples you may have to prove that you were unfairly dismissed.

The decision will then be either made on the day or it will be sent out to you via the post.

Gowing Law Solicitors can help you get compensation!

Even though we are all working at home remotely to avoid catching Covid-19, Gowing Law Solicitors can still help guide you through your claim. You didn’t deserve to lose your job. In the blink of a month, life has been completely changed. Therefore, you deserve support to help you cope with our new reality.

Gowing Law Solicitors has some of the top employment claims lawyers to ensure that you get a good outcome on your case. You are entitled to compensation and a Gowing Law Solicitor will always have your back.

Call 0800 041 8350 or email info@gowinglaw.co.uk for more information!

Have you read our other blogs?

As we are all currently in lock down, there’s no better time than now to learn about the world of law and your rights. Our blog page covers a wide range of topics, including the basics of PPI and miscalculated mortgages! Make sure to check out our main blog page to see if any of our titles interest you.

Keep Home & Keep Safe

It is a scary time for all of us. We fear the worst for ourselves, our friends and our family. Being apart from each other can be difficult in times of hardship. This is a battle within ourselves that we must overcome for the sake of the people we love and want to keep safe. Do your part to stop Covid-19. Keep social distancing and working remotely. It’s the only option we have now!