You and the Law – 22nd June 2010

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I was employed as a cleaner for just under a year.  I was under threat of redundancy, so I found another job and gave my notice in.  I took the three weeks’ holiday that were owed me just before I left, but a week before my holidays they reduced my hours from 20 a week to 15. 

They then proceeded to give me holiday pay at the 15 hours rate.  Are they allowed to do this?  IS

This is a bit naughty.  Since you were on the point of leaving I presume you didn’t dispute the change to your hours.  Even though you have left you could still contest this using the firm’s grievance procedure, with a view to suing for breach of contract in the County Court.  This is obviously a lot of effort for your lost 15 hours’ pay, your employers probably assumed you wouldn’t go to the trouble of objecting when they carried out this manoeuvre. 

Unfortunately you are not entitled to apply for an employment tribunal hearing (where you may have had some success) because you were employed by the firm less than a year.

Will duties

I am the executor of a Will.  I have obtained a Grant of Probate and I’m now going to advertise for creditors.  Do I need to place an advert anywhere else apart from in the London Gazette? 

I understand I then have to wait two months.  Does this mean that if any creditors appear after two months they have no claim on the estate?  RC

After the two months have elapsed you as executor will not be personally liable to anyone owed money by the deceased.  The debt isn’t wiped out though, and the creditor can sue the estate and if necessary recover the money from the beneficiaries. 

If the deceased owned land or a property you should place an advertisement in the local paper in addition to the London Gazette.

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