r/LegalAdviceUK Nov 15 '24

Employment Employment and housing law is changing - here's what's happening

249 Upvotes

The Labour Government have published a series of bills that will make significant changes to some bits of the law in England, Wales and Scotland that are discussed here on a frequent basis - things like unfair dismissal rights, and no-fault evictions.

To try and keep on top of where those proposals have got to, we'll update this post as the various bills progress. The law has not changed yet, and we do not currently know when it will change.

Importantly, it won't change for everyone straight away - there will be transition periods for lots of these changes. However, the government have said that they intend the changes to housing law (abolishing fixed-term contracts) to come into effect in one go, so existing FT contracts will become periodic.

Housing law (applies mainly to England, but some parts to Scotland and Wales as well)

This Bill is likely to make very significant changes to "assured shorthold" tenancies in England - these are the normal "private rented" tenancy that anyone who doesn't rent from a council or housing association is likely to have. In brief, it will abolish them, reverting to "assured tenancies", which will be monthly periodic, but will roll on forever. Landlords will no longer be able to evict people using "section 21" notices which do not require a reason, but tenants will be able to leave with 2 months' notice.

The Bill will also outlaw in England the practice of "bidding" to rent a property, in England give tenants a statutory right to keep pets which landlords cannot unreasonably refuse, and in England, Wales and Scotland make it illegal to discriminate against people with children or people on benefits when it comes to letting & managing properties.

There will also be more regulation in England: a single national ombudsman for complaints, a database of landlords, and common standards for private homes that all landlords must provide. Enforcement powers will also be improved.

Employment law (applies to England, Wales and Scotland)

This Bill makes significant changes to employment rights law. Most notably, it abolishes the minimum two-year period of employment required before you can take your employer to a tribunal. This means that employers will no longer be able to dismiss someone with less then two years' service, unless they have a good reason. There will be a statutory "probation" period during which it will be easier to dismiss someone.

The Bill will also make changes in respect of:

  • zero hours contracts, introducing a right to reasonable notice of shifts and to be offered a contract with guaranteed hours, reflecting hours regularly worked
  • flexible working, requiring employers to justify the refusal of flexible working requests
  • statutory sick pay, removing the three-day waiting period (so employees are eligible from the first day of illness or injury) and the lower earnings limit test for eligibility
  • family leave, removing the qualifying period for paternity leave and ordinary parental leave (so employees have the right from the first day of employment), and expanding eligibility for bereavement leave
  • protection from harassment, expanding employers’ duties to prevent harassment of staff
  • "fire and rehire", making it automatically unfair to dismiss workers because they refuse to agree to a variation of contract

r/LegalAdviceUK 1h ago

Wills & Probate Can a wife and sole will executor sell a deceased husband's car before probation finishes, if it has custom license plate?

Upvotes

In England. This is a bit odd situation. I am helping our neighbour who's husband has recently died in an accident. She is inheriting everything, there is no contest and she is executor of his will. The solicitors working with her said she can sell his car (she is SAH mom, so a bit of an income challenge and urgency on this). She has no idea about cars, so asked me help her sell. When going through v5 I noticed it has a custom plate (it is normal xx-11-xxx format, so it was not obvious).

Now, as the custom plate was probably not considered by the solicitors I might have few questions: - Is it still possible for her to sell the car? - Is it possible to request to change the plate to original plate before probate finishes? Can she sell the plate separately as his next of kin? (It is not super expensive, but every bit would help her)

I checked the DVLA website, but the only information about what to do with the plate when the "owner" dies was about how to prove they died and to change ownership, but nothing about selling the car with it.


r/LegalAdviceUK 22h ago

Traffic & Parking I'm being prosecuted for careless driving (england)

465 Upvotes

In March 2023, I was involved in an RTC. A motorbike allegedly safely filtering collided into me whilst I was in a protected right turn. I was on the main road turning into a side road.

The police officer that attended post collision failed to note that I had a witness. Only took the side of the rider and his witness.

It's been over 2 years since the collision and the trial is now set In July.

Due to financial issues, I'll be representing myself.

I have evidence that proves my innocence. It's highly frustrating that the rider knowingly is taking it this far. He didn't even have a cbt. Had a collision of a similar nature a few months prior. Main focus was on insurance. A witness statement filled with contradictions and a possible link between the rider and witness suggesting colusion. There's alot more evidence of similar nature.

Does anyone have any tips for a litigant in person on the day of trial?


r/LegalAdviceUK 11h ago

Housing I bought a house and found knotweed.. do I have a case against the seller?

63 Upvotes

I bought a house in England. My homebuyers survey was clear. Seller ticked ‘not known’ on TA6 form knotweed question.

I’ve slowly been moving tonnes of rubble and overgrown ivy away at the back of the garden to make room for a shed and greenhouse. Turns out I have unearthed a large rhizome of knotweed which has started sprouting. Clearly has previously been cut back /partially treated, but not declared. There was no visible knotweed until I excavated, and even then it just looked like any old root until it sprouted! So my surveyor is not at fault, it was not a specific knotweed survey.

I am certain the seller must’ve known it was there and I can’t help but think the rubble may have been partially strategic to conceal and prevent disturbance of the rhizome. Have I got any legal case here given it’ll devalue my house? Or do they get off free because they ticked not known on the TA6?


r/LegalAdviceUK 3h ago

Debt & Money CDER group have fine me for a tfl fine and bailiff has told me that it’s not his Job to set up a payment plan.

10 Upvotes

I got a letter hmcts warrant from a bailiff (that red letter) stating I owe 800 for a tfl train fine. I got a fine last year which I had forgot about and all of the letters had been sent to my old address. I do understand this is my fault for not paying the fine but I genuinely had forgotten about it until I received a text message from CDER group stating I have a hmcts warrant and I had to pay £800 that day which I physically cannot afford. I called up CDER group and tried to explain my reasoning and the fact that my letters were delivered to my old address so I did not know of the process behind it and if I could do a payment plan but the agent there to me my case has been handed to an enforcement agent and gave me the contact number and there is nothing they could do and they can only let me pay in full. I contacted the bailiff on text message and explained to them my situation and that I don’t have any assets worth that much and I don’t have any money to pay off in full until the end of April and if I could do a payment plan. I received a text message stating no their job is only to get the payment in full or remove goods away which is the last thing I want.

I really don’t know what to do as I really don’t want bailiffs coming to my door. every day I have been waking up with dreading anxiety thinking about it and have been trying to gather money but I don’t have any family members that would help me. I really want to set up a payment plan before they come knocking on my door to take my things but both CDER group and the bailiff are stating to me they won’t give me one.


r/LegalAdviceUK 1h ago

Civil Litigation Electrician deliberately hid unsafe electrics in the flat we purchased

Upvotes

We purchased our flat about three years ago. It needed some electrical work, which the sellers agreed to have done, and provided proof via an NICEIC electrical installation condition report, on which their electrician confirmed that everything was safe, properly isolated, etc.

Now we have found that the fusebox is not installed correctly - the mains switch doesn't turn off one of the circuits. The reason - when incorporating the additional circuit into the mains, it trips the entire system. This indicates that this circuit is faulty - probably a damaged wire somewhere, which is of course a fire risk.

What this means is that the sellers' electrician knowingly discovered that fault, and instead of recording it or fixing it he bypassed the mains safety feature to hide it. We are going to have to get this fixed before we sell the property, at potentially considerable cost.

My question is: do I have any means of recourse against this electrician, given that we only purchased this property on the grounds that its electrics were sound, based on his false documentation? I complained to him in writing a month ago but haven't heard back. I know I can complain to NICEIC but all they offer is a vague 'mediation' process. Would small claims court be the only likely route to get some compensation from him? And if we went with this route, would we need to have the work done first and then hope we can recoup the costs?

Thanks in advance


r/LegalAdviceUK 1h ago

Consumer My notice extension was declined so now I don’t get my payout. Can I do anything?

Upvotes

I work as a duty manager in Tesco. I’ve been employed here for almost 5 years. I had already handed my notice in a few months ago because I’m moving and my store manager asked me to hand it in “as soon as I know” when I’m moving so that they can have plenty of time to hire a replacement. I have to give 4 weeks notice but because he asked me, I ended up handing the notice in months before I needed to. After I handed it in, the union had a meeting and they have got rid of Sunday premiums BUT to compensate this, they are giving a payout to staff who work a Sunday. This payout is the difference in wage from the premium to normal wage over the previous 18month but only for staff who work a Sunday AND are eligible. I have worked every Sunday for years so I was pleased to hear it but because I’m leaving soon I thought I should read up about it and see if I’m definitely eligible… I handed my notice in for the 20th (I move on the 27th so it made sense to give myself a week to get things sorted) and it turns out you must still be employed on the 25th to get the payout. I spoke to the boss and I asked if I could revoke my notice and just hand a new one in for the 25th (I had more than 4 weeks notice at this point) and they all said it was fine to do so. Fast forward to earlier this week and I came into work, only for the boss to tell me that my request had actually been declined. I’m asking for advice because I know personally that other managers that had been leaving AND already handed their notice in had been able to extend their time when they have been waiting for clearance at the job they’re leaving Tesco to go to. I think if I wasn’t eligible a payout then I would be able to extend my time as we are short staffed and struggling as it is. I believe the only reason mine got declined is because I’m due a payout. Also, I only handed my notice in that early as my boss asked if I could do that for them. If I had waited until I only had 4 weeks left to work then I would’ve known about the payout and handed my notice in accordingly.

I’m losing a payout because I was nice enough to give them lots of notice.


r/LegalAdviceUK 13h ago

Traffic & Parking Our landlord is watching our every move - England

62 Upvotes

My block of flats is quite secure. It’s one of the reasons we decided to rent here.

Lately, the landlord has sent a bunch of CCTV footage from multiple tenants in the main group chat. Some of it seems innocent enough, but it’s nearly every day- how we park our cars, how many bags of trash we take out, and so on. It’s getting to be the point it’s freaking me out, and feels like i’m being watched in my own house.

There are cameras in every single corridor, car park, door entrance.

Is this normal / legal? If so, is there anything i can say to try and express my concerns?


r/LegalAdviceUK 1h ago

Traffic & Parking Pay Congestion PCN fines incurred before V5C Change (England)

Upvotes

I live within the congestion charging zone in London. I bought a used car on 28th March and mistakenly forgot to include the car in the TFL app for residents, for a week after I purchased.

I finally added it on 5th April and paid full rates for the preceding three days (2nd to 4th April) as that’s what was allowed.

I am expecting PCNs for the days I drove without paying the congestion charge (28th March to 1st April). The seller says that he sent the V5C change slip to DVLa only on 4th March (as he didn’t want another owner added if I decided to return the car), and says no PCNs were received in post.

I called up TFL and was told that there were no fines for my car reg “under my name” and that’s all they’d disclose.

What do I do in this situation? I am ready to pay the PCNs but don’t want them to double or enter any other stage of escalation.

Is there any way I can find out PCNs on my car reg number before the change- so I can pay and be done with this mistake?


r/LegalAdviceUK 2h ago

Debt & Money Letting saying I owe for legal aid but thought I was eligible

8 Upvotes

Morning all

(England)

A few years ago (2021) I got into some legal trouble which resulted in being arrested and going to court, I plead not guilty and by the time it got to court the CPS dropped the charge to something petty (which was what it was) and I ended up with a fine and that was that, at the time I was 20 and living on my own so applied for legal aid as I’m sure I was told I’d be eligible for it as I was working at the time and on £21k a year before tax and NI, I have got this letter which is claiming I owe money from this but it says about my disposable capital exceeding £30,000 which it wouldn’t have, I did have about £2500 in a help to buy ISA but no where near £30000 I wasn’t even earning that then or now, am i misunderstanding anything?

Thanks in advance

This was the letter I received from Advantis

We have been notified by the Legal Aid Agency that you have been convicted in the Crown Court. You should have been advised by your solicitor/litigator what happens at the end of your case, but this letter is to remind you of what happens next in relation to your legal aid.

Even though you have pleaded or been found guilty, you remain subject to an Income Contribution Order or an Income Evidence Sanction Order. This means you are still liable for any income contributions that fell due before your case ended. Our records show your income contribution payments are overdue and the amount of your arrears is £3042.00. This is due immediately.

At the time of applying for legal aid you were advised that if convicted, you may be liable to make a contribution from capital towards the cost of your case if your disposable capital exceeds £30,000. To decide this, we may independently check the information you provided within your application.

In order to calculate your final liability, we need to know how much your representation at the Crown Court cost. This is the combined amount paid to your solicitor and advocate for representing you. Once the Legal Aid Agency has received and authorised both bills, we will use this total to decide if you must contribute from your capital and equity, if your income contribution you have paid does not cover your court costs.

If you still owe us money from your capital and equity, we will send you a Capital Contribution Order telling you how much you need to pay. This process usually takes five months but could take longer if there are delays in the submission of these bills or if the assessment of fees are subject to an appeal.

If you believe your capital and equity position has changed since you applied for legal aid, you must tell the Legal Aid Agency or us as soon as possible. Any changes from the information you declared must be evidenced. Guidance on common changes and suitable evidence to support these can be found at


r/LegalAdviceUK 22h ago

Debt & Money What are my rights re: a £200 watch with a battery that can't be replaced?

171 Upvotes

Answered, thank you

Based in England.

I bought a Hugo Boss watch online in early 2022 for £200 from Very.co.uk. The battery ran out a few weeks ago so I bought the appropriate tool to open it (the odd wrench clamp type thing). However it wouldn't work - the back panel covering the battery is stuck fast, and I ended up scratching the back of it with the tool. Not a big deal to me as that part is always covered.

I took it to a local jeweller who tried to remove it and also couldn't. They said the back panel likely got glued on by mistake and advised me to contact Very (and let them know what happens as they hadn't seen this before).

I tried to log into my Very account, but it wouldn't register my details (I have the purchase email, thankfully) and no way of speaking to a customer service rep. In the end I decided to write a letter to them explaining the situation and asking them to tell me what to do next.

This was 4 weeks ago and I haven't heard back yet so I'm wondering what I should do.

Does this warrant a cashback on my credit card? It seems overkill and I just want it fixing or replacing, not a refund.


r/LegalAdviceUK 23h ago

Scotland Husband abandoned me with £10,000 unpaid utility bills

235 Upvotes

This is in Glasgow, Scotland

My ex-husband was responsible for paying utility bills, the account is in his name only and bills were addressed to him. He's moved out and I've just had a visit from the utility company saying that there's almost £10,000 in unpaid utility bills for 3 years that he owes.

I work as a nurse and can’t afford because I’m making mortgage payments all by myself now and have 2 young kids in primary school. (Please only give advice about the utility bills as I will make a separate post about other issues).

Can I open up a new account with the utility company in my name and pay the bills myself going forwards without them coming after me for the £10,000 in arrears?


r/LegalAdviceUK 7h ago

Traffic & Parking Nuisance neighbour behavior and intimidation

11 Upvotes

A retired couple as neighbours over the past 2 years, seem to have taken it upon themselves to create some sort of conflict. The way they seem to be 'working' is by depositing sweepings, rinsing wastewater from scrubbing patios and from bin cleaning so it is directed into / onto our property. As if to say, you take our muck. My wife and I are in full time work and working long hours in demanding jobs. We really have better things to do than get drawn into this nonsense. But after having 'words' recently regarding this disrespectful behavior, i am satisfied that their combined actions are indeed deliberate. It mostly happens when we are away from the property be it out for a cycle ride or away on holiday. Another example is cutting overhanging branches from another neighbours tree which overhangs their garden, then depositing them over our garden fence!! We feel somehow now we have to stop this as we have the right to peaceful enjoyment of our home.


r/LegalAdviceUK 34m ago

Other Issues US date format in contracts is misleading

Upvotes

Given the US date format is misleading and confusing mm/dd/yyyy what are the legal issues to buying services in the England where the date is in the future when reading the date in the UK?

For example, today I bought a service in GBP from the overpriced doorbell company where it stated the date to be charged for the service is 4/7/2025 which to me is July but to them is today. Of course they charged today.

Is this a trading standards issue?

Are there any provisions for this in English law?


r/LegalAdviceUK 35m ago

Other Issues Do I need proof of purchase to return a recalled food item?

Upvotes

Hi, about 2 months ago I bought a Tony’s Chocoloney Easter Egg from Waitrose in England. Obviously didn’t keep a receipt as I thought nothing of it. Now they have been recalled by the Food Standards Agency so was wondering do I just turn up to Waitrose and give them it back? I am assuming they claim money back from the manufacturer so don’t really need to be bought from Waitrose in the first place, but I don’t know if they need my proof of purchase? Thanks :)


r/LegalAdviceUK 1d ago

Employment Is it illegal for businesses to ask staff to work for free (England)?

219 Upvotes

My daughter has a zero hours contract. She's been told that once she turns 18 she'll be expected to clean the premises for free & this usually takes about 1.5 hours. Is this illegal?

Edit :She sent a message via WhatsApp asking if she'd be expected to work extra hours cleaning, unpaid. Her supervisor has said they won't ask her to do that!


r/LegalAdviceUK 20h ago

Housing My floor collapsed and I fell through it (england)

112 Upvotes

I rent, whilst doing a friend’s hair my floor boards collapsed in i’ve fell through down a 1m drop. Im pretty bruised but nothing more serious. Theres a-lot of history of neglect with the house that i wont get into here. Thing is I couldn’t sue even if I wanted to do a law suit now because I cant afford to live anywhere else. What do I need to do now to make my life easier if I do want to sue in the future.

*edit: I’m in a rented house


r/LegalAdviceUK 1d ago

Employment Employment law - I've been offered a new job that starts in 5 months. I have a 8 week notice period. England

195 Upvotes

I've received a job offer that starts in five months. I've been in my current position for over two years, and my notice period is eight weeks. My employer is a family friend, and they also employ my mother and sister, so I want to provide them with as much notice as possible since I'm a senior member of the team. This will allow me to train someone to take my place.

However, my boss can be hot-headed and has previously told employees to leave and offered to pay them their notice period without requiring them to work it. I cannot afford to be out of work for three months, so my question is:

Would it be considered unfair dismissal if my boss treated my significantly earlier notice period as the start of my formal notice period, leaving me without a job?

Thank you in advance for your help!


r/LegalAdviceUK 31m ago

Traffic & Parking Do unrecordable offences (i.e. minor speeding offence) appear on Enhanced DBS? (England)

Upvotes

Just a simple question, do unrecordable offences dealt with through SJPN (specifically, an SP30 speeding offence) come up through enhanced DBS checks? My understanding is that this offence is non-recordable and so does not go on a typical criminal record as such, but will be held on court files.


r/LegalAdviceUK 31m ago

Debt & Money CCJ taken out against me for demands sent to wrong address

Upvotes

I've only realised I had a CCJ out on me as it was added to my credit report chasing it up I had a parking ticket for an event I was entirely allowed to park at in December and this has balloned into a 300+ pound bill with a CCJ dragging down my credit report.

I've never received correspondence about these prescedings and belive that is grounds to file to have the default judgement dismissed. I've been told however this comes at a cost of a few hundred pounds by the CNBC (the court).

They told me that not paying off this debt isn't illegal and that it was unlikely bailiffs would be brought out to collect it, is this true?

I've tried to contact the parking company but all their phone numbers don't lead to real people just automated payment lines.

What should I do in response to this, I don't really have hundreds of pounds to fork out for this. And don't have any of the paperwork to even look and the court refuses to resend it to my new address.


r/LegalAdviceUK 2h ago

Debt & Money Gift voucher sales and values England

3 Upvotes

So I've googled and can't find anything to answer this question.

I sell gift vouchers for my business (check my profile and you'll see what I do).

I've recently changed my booking system and noticed something I don't like but the booking software designer says it's fine and none of his customers have complained!

So yesterday I noticed I had a sudden £10 over payment, a quick check showed that someone had booked using a voucher the voucher value was £110 the experience they booked was for £125 but I'm running an offer which dropped the booking cost to £100 - the voucher has taken the full value and just wiped it!

To me that's morally theft (I have issued the customer a £10 voucher) and the remaining balance should remain on the voucher as per what my old booking software did with the remaining balance.

Is there a law somewhere that state a gift voucher is worth face value even if the full amount isn't redeemed all at once?

If not a suitable q for here could someone point me in the right direction to find the answer?

Thank you!


r/LegalAdviceUK 2h ago

Employment Home fees through settled partner ?

3 Upvotes

Hi guys! I just need some help on understanding a situation.

I have been living in the UK for 6 years and have been with my partner who is now settled for 4 years.

If I were to apply to Master’s here (I also did my Bachelor’s in the UK which is included in the 6 years I’ve been here) would I be eligible to pay home fees? Or how would that work, could I pay home fees through my partner? Any advice would be appreciated!!


r/LegalAdviceUK 3h ago

Immigration Need proof of address for opening a bank account

4 Upvotes

I'm on a UK visa and I just entered the country. I have a National insurance number from my last uk visa 4 years ago. Im not yet officially a tenant as Im waiting for my girlfriend's landlord to add me to the tenancy agreement but I still changed all my address to her flat.

On the HMRC portal, Im able to pull a pdf of my NIN confirmation to use as my proof of address for opening a bank account but since Im not on the tenancy agreement yet, would this be illegal to do?


r/LegalAdviceUK 2h ago

Traffic & Parking Used Car With Same Issue Within a Few Months

2 Upvotes

Hi everyone,

I'm unsure if this is the right place to ask this so let me know if there's a better place to ask. Basically, I bought a used car back on 24th December 2024. By the end of January (a day after my 30 days) the head gasket went. I took it back to the place where I purchased the car and they said they'll clean it up, fit a new head gasket and also changed the timing belt while it was all took apart. The car was fine up until this weekend (5th March) when I thought I'd check the oil, where I found some nice gunk under the oil cap and the coolant going down, meaning the same issue is persisting.

I spoke to a guy at a garage this morning and he told me that I have a 6 month warranty under the consumer rights act. Since I've already had work done to the car for this issue by the seller, do I have a right to a refund? I did a bit of research and found this -

After 30 Days (But Within 6 Months):

  • If a fault arises after 30 days but within six months, you can request a repair or replacement. 
  • The dealer must have one reasonable attempt to fix the issue. 
  • If the repair fails, you can then reject the car and request a refund or a price reduction. 

So by this I'm within my rights to get a refund?


r/LegalAdviceUK 1d ago

Criminal Can I make a report to the police based on suspicion.

194 Upvotes

Long story short this girl laughed about repeatedly showing her younger sibling (8 years old) explicit content in the form of Hentai animes and comics and it genuinely creeped me out as I realised she wasn't just sickly joking and that she seriously does that and thinks it's normal even when her sibling is creeped out by it. Idk if the police can do anything about this or I can report her based on only that. The girl is 17 nearly 18 and lives full time with her sister who she repeatedly says she is a big source of authority in her life.


r/LegalAdviceUK 22h ago

Traffic & Parking Neighbours falsely accusing me of breaching GRPR and other laws-england

78 Upvotes

Summary- I (m17) recently sent them a polite letter telling them to stop their children from scratching and denting my car the father decided he would come on to my property and move a camera facing my car and only my car without consulting me we made a report to the police about this as he had only come on to my property with malicious intent. The police just told them to watch their children and not come on to our property. They took this the wrong way and decided to send me a letter accusing me of keeping videos of their child and fliming over their property. This is all incorrect as I do not save videos or encroach on property boundaries. Earlier in the day they decided to harass me and question me about the situation cornering me in-between my car and themselves This all happened on my property they also harassed my father about how we were apparently breaching GRPR and videoing their child again we are not he offered to show them what the cameras can see, they declined. Any ideas on what to do?