Over the next few months, we’re giving you the chance to ‘Ask Karen’. If you’ve an important Personal or Business related legal questions, each month Karen and her team will reply to two - see two examples below.

Q: I have an employee who has been with us for 2 years and wants to claim constructive dismissal because we need to change her lunch hour. Can she do this?

A: Constructive dismissal is a favourite of employees who are sometimes unwilling to change their working practices.  Constructive dismissal is an action by an employer which fundamentally breaches the express or implied terms and conditions of the employment contract. Failure to pay an employee, for example, is a fundamental breach of contract.  The significance of constructive dismissal is the right of the employee to leave their employment without notice and to make a claim to a tribunal.

Q: I loaned a friend some money. The sum is under £5,000 how do I now get it back?

A: Recovery of sums of money such as this is relatively straight forward and generally not something for which you would have to engage a solicitor. The first thing to check when considering court action is whether your friend is likely to have assets to settle the debt should you be successful. Do you know if they work and/or own their own property? 

Before starting any action it is always worth writing to formally request payment and giving your friend notice, usually 7 or 14 days, that if payment is not made court action will be started. The proceedings will take place in the Small Claims Court for which no solicitors costs are recoverable. You can however claim interest and any court fees which are payable to pursue this. The action can be started on line at moneyclaim online via their web site at https://www.moneyclaim.gov.uk/csmco2/index.jsp. You will be guided to complete the relevant forms and then the court will issue these and send them directly to the defendant.

Any court hearing will take place before a district judge and the proceedings are kept as informal as possible. If judgement is awarded to you, your friend will be given time to pay but if no money is received you may have to consider further legal action to enforce the judgement. There are a variety of ways this can be done and consideration will need to be given as to the most appropriate.