You and the Law – 30th March 2010

Sick of being at home

I was declared unfit for work seven months ago, but the company doctor said I could do a lighter job if the firm could find me one.  I haven’t heard anything further: does the company have a legal obligation to find me alternative employment?  KB

If you have a disability as defined by the Disability Discrimination Act (it constitutes a physical or mental impairment which has a substantial and long-term adverse effect on your ability to carry out normal day-to-day
activities) your employer must make reasonable adjustments to accommodate you.

If no reasonable adjustment can be made then it may be that your employer could fairly terminate your employment on the grounds that you are incapable of carrying out your job.  But since it would appear that you are still employed by the firm you should make it clear that you want to return and perhaps suggest work that you could do.

Disappointed friend

My best friend died a few months ago.  We had been friends for 60 years and she mentioned several times that I was to receive most of her property when she died.  However, I am not even mentioned in her Will.  Her brother took charge of her affairs when she developed Alzheimer’s two years ago.  Can I contest the Will?  GR

You could perhaps challenge the validity of the Will if it was made while your friend was suffering from Alzheimer’s.  If this was the case and it overturned a previous Will leaving you the bulk of the Estate you should take the Will to a solicitor immediately.

If there was no previous Will it won’t do you any good to have the current one declared invalid, since your friend’s money and property would go to her relatives in those circumstances, and not to you.  It’s unwise to rely on a promise of being left something in a Will.

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