You and the Law – 10th May 2011

Awaiting wages

My son started work for a double-glazing firm a month ago on a self-employed basis.  He is supposed to be paid weekly, but although they are promising to pay him he has yet to receive any money.  EP

If your son has to work as and when directed by the firm it’s likely he is employed, not self-employed.  This is an important distinction, since self-employed people have no employment protection.  If the situation continues he can apply to an employment tribunal for a ruling as to his employment status and for his pay. 

If the tribunal accepts he is employed by the firm it could order them to pay him compensation.  Alternatively, he could bring a claim in the small claims court where his employment status won’t be so important.  When firms don’t pay their employees it could be a sign that they’re going under.

Maintenance abroad

We are getting divorced.  I have been paying maintenance for my children through the Child Support Agency, but when my wife took them to the Republic of Ireland last year, the CSA decided they were outside their jurisdiction and closed the case. 

Will the English court issue an order for child maintenance if the mother and children continue to live outside the UK and I am unable to find out where they are?  CB

I take it their whereabouts are known to the court, even if the address is being withheld from you.  If they’ve vanished without trace you may find it difficult to proceed with the divorce, since the court will want to know that arrangements for the children have been settled before allowing the divorce to be finalised. 

As regards maintenance, if the CSA is no longer involved, the English court could make a maintenance order which your wife could enforce by registering it in Ireland under the Reciprocal Enforcement of Maintenance Orders (REMO) agreement.

This entry was posted in North Ainley News. Bookmark the permalink. Both comments and trackbacks are currently closed.
  • In This Section

  • Professional in every way.
    Mr J W Magee - Oldham
  • Lisa Wright
    Lisa Wright
    15:05 25 Feb 19
    Cassie was fantastic throughout our sale and would recommend North Ainley if selling or buying a house.read more
    Lynn Findlater
    Lynn Findlater
    18:55 01 Dec 18
    I have used North Ainley for a number of years. They have successfully dealt with my parent's wills and more recently the sale of 2 properties. The staff are exceptional and imparticular Cassie who took care of the whole process from start to finish whilst I was overseas. She diligently chased all third parties and kept me informed at all times. I would recommend North Ainley as they have proved themselves time and again over the last 10 years in all of my family's legal affairs.read more
    Idnan Ahmed
    Idnan Ahmed
    12:57 30 Nov 18
    Excellent service. handled my latest commercial purchase professionally. Would recommend to anyone who is looking for a solicitors who are proffesional and easy to work with. Top service.read more
    Lucy Hoy
    Lucy Hoy
    16:39 27 Nov 18
    Excellent! Very friendly and fantastic communication throughout. Nothing was to much trouble. Thankyou Vinesh and Cassie. Would definitely recommend.read more
    Anil M
    Anil M
    15:11 04 Nov 18
    Fantastic Solicitors firm. Very professional. Close to Oldham Town Centre. Answer all your questions and concerns. Keep you upto date at every stage. I have used this firm for many years in buying and selling property. You can not go wrong using North Ainley Solicitors.read more
    Next Reviews
Menu