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Murphy's Law

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  1. I need some advice. I am dealing with a small estate. There are two executors and the two executors share the estate. There is still money to be collected before the estate can be settled but the other beneficiary is getting impatient and raised a writ for her half. I have responded to the writ and there have been a couple of adjustments. There was an Options Hearing a few weeks ago and the other side asked for a continuance. I did not agree and stated that I wanted to proceed there and then. The Sheriff looked at the paperwork and noted that I had submitted a note in support of my preliminary plea. However, there was no preliminary plea in the "record" therfore the Sheriff could not entertain any plea from me. My case would have failed therefore he suggested that I accept a continuance for four weeks to sort it out. I forwarded my preliminary plea again to the pursuer's solicitor and expected them to update the "record" so that when we meet again the Sheriff can consider my preliminary plea. However, I received, yesterday, a MOTION asking for:- 1. to grant a decree against the defender for half the estate; 2. to find the defender liable for expenses, and 3. Quad ulta to dismiss the craves of the writ I suspect that the pursuer is not going to include my provisional plea therefore the advice I need is - How do I ensure that my preliminary plea is included in the record, or maybe the question is - How do I lodge my preliminary plea so as to ensure that the Sheriff takes it into consideration?
  2. I may be able to get access to the security log, which confirms the jobs were done (we have to log everything in it, including all jobs undertaken), but I'm not sure whether the company will comply with that request It sounds like this log as well would be a very important piece of evidence. I would ask for it now (recorded delivery) and if they don't produce it I would write to the Employment Judge and ask him to issue an order. That would be a nice piece of work getting the Employment Judge to issue two orders for disclosure of documents - The Judge would be ****ed off with them even before the tribnunal starts.
  3. I believe that the Tribunal will look at the first dismissal letter only because that is the letter that confirmed the dismissal. I believe that the Appeal letter where they tried to add in other allegations will be ignored. Looking at the first dismissal letter - am I right in believing that OH received an invitation letter to the disciplinary hearing and there was no mention of the possibility of gross misconduct? And the first dismissal letter advised that the allegation "incorrect paperwork given to XXXX leading to owner disatisfaction" was proved and therefore OH was dismissed for misconduct. A couple of weeks later they sent another letter advising that this should have read gross misconduct. They claim there had been an admin error but it seems much more than that when the invitation letter did not mention the possibility of gross misconduct and the first dismissal letter didn't mention it either. It seems to me that the paperwork you need is the paperwork to show Management knew about this issue in November and December. They will not want to give you this because you have a won case as soon as you have this paperwork. However, I would ask for it now so that you have time to include it in the bundle. If they don't provide it I would write to the Employment Judge and ask him to issue an order for this paperwork. You also want to discredit Management (even if you get the requested paperwork). Security checked the units in December - could you get a statement from a security officer confirming this. A difficult one because while these officers may be afraid of putting their heads above the parapet, or they might even be brown noses and side with Management (it is times like these where you find yoour true friends)
  4. She did a day's trial prior to the lease being discussed and agreed with the present owner. She is carrying a lot of weight and was on her feet all day. It was obvious that she was exhausted at the end of the shift. A week or so after the day's trial we discussed with the customers what they thought of the quality of her work - all of those asked were less than impressed. Also, we knew by this time that the lease had been agreed in principle therefore when we mentioned to the customers that she would be taking over the shop they were even less impressed. My concern is that she has not been working as a hairdesser for quite some time (she has been in another line of work), and that the customers are going to go elsewhere.
  5. I have read this for the first time tonight and believe that you have a very strong case when it goes to the Tribunal. Regarding the paperwork you requested - have you formally asked for information under the Data Protection Act? Have you asked for a copy of OH's personnel file? Am I right in thinking that you have two dismissal letters - one from the first hearing where he OH was sacked for misconduct, and one from the appeal hearing where it was found that OH was sacked for gross misconduct?
  6. The business will run in the same way. There will be a change of name for the shop. The present owner owns the shop outright and will lease the shop to the new occupier for so much a week. This lease arrangement is supposed to be for a year but it is not clear if a formal lease has been entered into. It is good to know that the Government willl cover any redundancy due if TUPE does appply and the new venture was to fail.
  7. I have worked in a hairdresser's for eleven years and the owner wants to retire. She has leased the shop, complete with flat above the shop, for a year. The incoming hairdresser is sinking her life savings into this venture. My present boss has told me I have a job with the incoming person. I suggested that I would be entitled to redundancy and was told by my present bosss that I would not be entitled because I had a job to go to. Howver, she said she would seek advice. A week went by and she told me that I would be TUPED over to the new business. My concern is that the new business will fail and my new employer will not have the funds to pay me redundancy when it fails. Given that the shop is just going to be leased - does TUPE apply?
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