Author: Budget Legal Advice

Whether you are an employee, a worker or self-employed determines which employment rights you have. GOV.UK’s guidance on employment status sets out the main categories, and the Employment Rights Act 1996, which applies in Great Britain, defines “employee” and “worker” in its section 230. GOV.UK also points to the Labour Relations Agency for advice in Northern Ireland, where different legislation applies.

Why status matters

GOV.UK says employment status helps determine a person’s rights and their employer’s responsibilities, and that a person can have a different status in tax law. The main types listed are worker, employee, self-employed and contractor, director and office holder. Courts and tribunals can make final decisions on status, and GOV.UK adds that they look at how the relationship works in practice.

Employees

Section 230 of the 1996 Act defines an employee as an individual who has entered into or works under a contract of employment, meaning a contract of service or apprenticeship, express or implied, oral or written. GOV.UK says all employees are workers but employees have extra rights, including statutory redundancy pay, minimum notice periods, protection against unfair dismissal, the right to request flexible working and time off for emergencies, with some rights needing a minimum period of continuous employment. GOV.UK lists factors pointing to employee status, such as being required to work regularly, a manager controlling the work, being unable to send a substitute, and disciplinary and grievance procedures applying.

Workers

GOV.UK describes a worker as someone with a contract to do work or services personally for a reward, with only a limited right to send someone else, whose “employer” must have work for them for as long as the arrangement lasts. Workers are entitled to rights including the National Minimum Wage, protection against unlawful deductions, statutory minimum paid holiday and rest breaks, the 48-hour average weekly limit (or an opt-out), protection from unlawful discrimination and whistleblower protection. GOV.UK says workers usually do not have unfair dismissal protection, statutory redundancy pay or minimum notice periods.

Casual or “zero hours” labels do not settle the question: GOV.UK lists factors that suggest worker status, such as no obligation to offer or accept work but personal performance being required.

Self-employed people and contractors

GOV.UK says self-employed people run their business for themselves, are not paid through PAYE and generally do not have the rights of an employee or worker, although they keep health and safety protection, some protection against discrimination and whatever rights their contract gives them. It lists signs of self-employment, including bidding or quoting for work, invoicing, not being under direct supervision, paying their own tax and National Insurance, and not receiving holiday or sick pay. A contractor could be self-employed, a worker or, if placed by an agency, an employee.

Directors, office holders and employee shareholders

GOV.UK treats company directors as office holders for tax and National Insurance purposes, with different rights and responsibilities from employees, though a director who also does unrelated work under an employment contract may have employment rights. Office holders, such as trustees or club treasurers appointed without a contract or regular payment, are neither employees nor workers unless they also hold an employment contract. GOV.UK also describes employee shareholders, who work under an employment contract and own at least £2,000 of shares in the employer or its parent: they have most employee and worker rights but do not have protection against unfair dismissal (apart from in specified situations), statutory redundancy pay or the general right to request flexible working.

Getting it wrong, and who decides

GOV.UK warns that individuals and employers may have to pay unpaid tax and penalties, or lose benefit entitlement, if status is wrong, and that HMRC may treat someone as self-employed for tax even if they are an employee for employment rights. If you dispute your status, GOV.UK points to Acas for advice, and says an employment tribunal or court can decide. This is general information, not legal advice.

FAQs

Can a contract simply state that I am self-employed?

GOV.UK lists contract wording as one factor among several. The courts and tribunals look at how the relationship works in practice, so a label alone does not settle it.

Are all workers entitled to the same rights as employees?

No. GOV.UK says all employees are workers but employees have additional rights, such as protection against unfair dismissal and statutory redundancy pay.

Does this apply in Northern Ireland?

The GOV.UK page refers people in Northern Ireland to the Labour Relations Agency, and the 1996 Act provision discussed here is a Great Britain measure. Take advice on Northern Ireland law separately.

Bottom line

Employment status is the gateway to rights: employees have the fullest set, workers a core set and the genuinely self-employed few. Because tribunals look at working reality rather than labels, check the factors GOV.UK lists, gather your contract and evidence of how you work, and take advice from Acas or a legal adviser if the label seems wrong.

Sources

• GOV.UK, “Employment status: Overview”
• GOV.UK, “Employment status: Worker”
• GOV.UK, “Employment status: Employee”
• GOV.UK, “Employment status: Self-employed and contractor”
• legislation.gov.uk, “Employment Rights Act 1996, section 230”

If you were injured in a road traffic accident in England and Wales and your claim is worth less than £5,000, GOV.UK says you can usually make it online, without going to court or needing a lawyer. These are commonly called whiplash claims, and the rules come from the Whiplash Reform Programme. GOV.UK’s guidance sets out how the service works.

Who the service is for

GOV.UK says the service applies to claims for low-value road traffic accident personal injury valued at less than £5,000. The reforms apply to accidents that occurred in England and Wales on or after 31 May 2021; claims from earlier accidents remain under the old rules. GOV.UK refers to sections 4.1 and 4.2 of its Guide to Making a Claim for eligibility details and exceptions, so check those before assuming your claim qualifies.

How to make a claim

The government’s route is the Official Injury Claim (OIC) service, an online system supported by guidance, and GOV.UK gives a Portal Support Centre telephone number for people who cannot use it. You may also instruct a solicitor. The service is designed so that claimants with or without legal representation can make and settle a claim, and it is underpinned by the RTA Small Claims Pre-Action Protocol.

How the portal works, and who runs it

The MoJ FAQ describes the Official Injury Claim portal as a free online service built and operated by the Motor Insurers’ Bureau on behalf of the Ministry of Justice, designed to mirror the RTA Small Claims Protocol so that claims processed through it automatically meet the protocol’s requirements. It says the portal can be used for a personal injury claim of up to £5,000, or where the total value, including other protocol damages, is not more than £10,000. Help includes the Guide to Making a Claim (you need only consult the parts you need), a help hub and the telephone Portal Support Centre. The website is available in English and Welsh, with translation services for other languages.

The whiplash tariff

GOV.UK says the programme introduced a fixed tariff of compensation for whiplash injuries lasting up to two years, giving claimants clarity about the damages they will receive. It adds that injuries occurring on or after 31 May 2025 are subject to an uprated tariff, and that both tariffs and guidance on minor psychological injuries are published. Because the figures depend on injury duration and date, check the current tariff on GOV.UK rather than relying on any summary.

The Ministry of Justice FAQ adds that the tariff must be reviewed at least every three years under the Civil Liability Act 2018. The first review, completed on 22 May 2024, recommended raising the original amounts by around 15 per cent, and the increased values apply to accidents on or after 31 May 2025; the next review is due by 22 May 2027. Where a prognosis spans two tariff bands, the higher value applies, and judges have discretion to uplift a tariff figure by up to 20 per cent in exceptional circumstances. A “minor psychological injury” is one suffered on the same occasion as the whiplash, secondary to it and short of a diagnosed phobia or disorder. In a mixed case with a non-whiplash injury, the tariff applies to the whiplash injury only.

Medical evidence is required

A key change is a ban on settling whiplash claims without medical evidence. GOV.UK says the OIC service enables claimants to source medical reports so that claims are supported before settlement. Keep any treatment records and note the date of the accident, since the date affects which rules and tariff apply.

If you cannot settle: the small claims track

GOV.UK says the small claims limit for road traffic accident personal injury claims rose from £1,000 to £5,000 through changes to the Civil Procedure Rules. Where a claim goes to court, most therefore proceed through the small claims track, on which each party is generally responsible for paying its own legal costs. If you have tried to settle through the service and are still not content, you can ask the court to decide the claim; the service helps prepare some court forms, though other court processes sit outside the portal. GOV.UK also says a claim can be re-opened on the portal if you win in court.

FAQs

Does this apply to accidents in Scotland or Northern Ireland?

GOV.UK says the reforms apply to accidents that occurred in England and Wales. Scotland and Northern Ireland have their own systems, so take advice on those nations separately.

Do I have to use a solicitor?

No. GOV.UK says the service lets claimants make and settle a claim themselves, and the MoJ FAQ says the portal supports represented and unrepresented claimants, although you may instruct a solicitor if you prefer.

Which tariff applies to my whiplash injury?

It depends on the accident date and how long the injury lasts. GOV.UK says injuries on or after 31 May 2025 use an uprated tariff; check the published tariffs.

Bottom line

For a road accident in England and Wales after 31 May 2021 with a claim under £5,000, the Official Injury Claim service is the expected starting point, with a fixed tariff for whiplash, mandatory medical evidence and the small claims track if the claim does not settle. Check eligibility in the official guide and consider free advice before accepting an offer. This article is general information, not legal advice.

Sources

• GOV.UK, “Making a personal injury (whiplash) claim”
• Ministry of Justice via GOV.UK, “Whiplash reform programme: frequently asked questions”

Separated parents in England and Wales can agree where their children live and how they spend time with each parent without going to court. GOV.UK’s guidance on child arrangements, which says the position differs in Scotland and Northern Ireland, sets out a ladder of options, from a written plan through mediation to a court order.

Starting with a child arrangements plan

GOV.UK says you do not need any official paperwork if you agree, but you can record what you have agreed in a “child arrangements plan”, using a government online service or a template. The plan covers matters such as when and where children spend time with each parent and other contact such as phone calls. Crucially, a plan is not legally binding: the other parent does not have to follow it and either parent can suggest changes.

Mediation and the MIAM

A mediator is a neutral professional who helps you reach decisions based on the child’s best interests. GOV.UK says the mediator must be accredited, and sessions can be in person or remote, so you do not have to be in the same room as your ex-partner. Before starting you may attend a Mediation Information and Assessment Meeting (MIAM), usually costing around £120 per person, with a form signed by an accredited mediator if you attend.

Where it is suitable, GOV.UK says you can usually get a voucher worth up to £500 towards mediation, regardless of income; it cannot be used towards the cost of the MIAM itself. Legal aid may cover mediation for people on a low income.

GOV.UK also lists other “non-court dispute resolution” options, which it says are usually quicker than court: solicitor negotiation (useful if you cannot contact your ex-partner), collaborative law, arbitration and neutral evaluation, in which a family lawyer or judge gives an unbiased view of what a court might decide. Neutral evaluation differs from mediation because a mediator cannot tell you likely court outcomes.

When you need to show a MIAM before going to court

If you decide to apply to court, GOV.UK says you will usually need to show you have attended a MIAM, though if you attend and your ex-partner does not, you can still apply. Exceptions include evidence of domestic abuse, applying for a consent order, children at risk of harm, urgent applications, and having attended a MIAM or tried other ways to agree in the last four months.

Making an agreement legally binding, or applying for an order

If you agree and want the arrangement to be enforceable, a solicitor can draft a consent order which a judge or magistrate reviews; there is usually no hearing. If you cannot agree, you can apply for an order. GOV.UK lists a child arrangements order (where the child lives and who they spend time with), a specific issue order (for example which school), and a prohibited steps order (for example to stop a child being taken abroad). The application fee is £270 and GOV.UK says it usually takes around 10 months to get a court order, depending on the area and circumstances.

What the court looks at

After an application the court may hold a directions hearing, usually with a Cafcass family court adviser (Cafcass Cymru in Wales). The court can ask Cafcass for a report and may require a separated parents information programme. GOV.UK says a judge or magistrate always puts the welfare of the child first, considering matters such as the child’s wishes and feelings, needs, the effect of any change, and any risk of harm, and will only make an order if it is in the child’s best interests. Orders can later be changed or, where a parent is not following them, enforced.

Changing or enforcing an order

GOV.UK says you can do something different from an order if you both agree, but you will not be able to enforce the new arrangement later unless it is made legally binding through a consent order. If you cannot agree, you can ask the court to vary the order. Where a parent is not following an order, the guidance describes applying on form C79 (the fee is £270). If the court enforces the order, it can make an enforcement order requiring between 40 and 200 hours of unpaid work, or an order for compensation for financial loss, such as a missed holiday. The court may decline to enforce if the parent has a good reason or if doing something different is better for the children. To end an order that is no longer working, GOV.UK points to form C100.

FAQs

Is a MIAM always compulsory?

No. GOV.UK lists exceptions, including evidence of domestic abuse, children at risk of harm and urgent cases. An accredited mediator can also confirm whether an exemption applies.

Can grandparents or other relatives apply?

GOV.UK says people with parental responsibility can apply, and other relatives such as a grandparent, aunt or uncle can apply too.

Do I need a solicitor?

No. GOV.UK says you can represent yourself, and lists sources of guidance and support, though a legal adviser can help with applications and consent orders.

Bottom line

Most families in England and Wales can start with a written plan or mediation, and the court process exists for when those routes fail or are unsuitable. Show you have considered a MIAM before applying, keep the child’s welfare at the centre, and note that a plan is not binding while a court order or approved consent order is. This is general information, not legal advice; where there is any risk of harm, contact the police or a specialist service.

Sources

• GOV.UK, “Making child arrangements if you divorce or separate: Make a child arrangements plan”
• GOV.UK, “Making child arrangements if you divorce or separate: Make an agreement through mediation”
• GOV.UK, “Making child arrangements if you divorce or separate: Apply for a court order”
• GOV.UK, “Making child arrangements if you divorce or separate: After you apply for a court order”
• GOV.UK, “Making child arrangements if you divorce or separate: Change or enforce an order”
• GOV.UK, “Making child arrangements if you divorce or separate: Other ways to agree without going to court”

A visit from a bailiff, formally an enforcement agent, is stressful, but the law sets out what they must do first and what they may not do. GOV.UK’s guidance describes these rules, and the Taking Control of Goods Regulations 2013 (which apply in England and Wales) supply the detail. GOV.UK notes that Scotland has a different process.

Who can send a bailiff, and the notice you must get

GOV.UK explains bailiffs may visit over unpaid debts such as Council Tax, parking fines, court fines and county court, High Court or family court judgments. There are different types, including certificated enforcement agents, High Court enforcement officers and county and family court bailiffs. Under regulation 6 of the 2013 Regulations, notice of enforcement must be given not less than 14 clear days before the agent takes control of goods. Where a debt adviser submits a request on the debtor’s behalf before that notice period ends, the minimum is extended to 28 clear days, subject to the exceptions in the regulation.

Do you have to let them in?

GOV.UK says you usually do not have to open your door or let a bailiff in. Bailiffs cannot enter by force, for example by pushing past you, cannot enter if only children under 16 or vulnerable people are present, cannot enter between 9pm and 6am, and cannot enter through anything except the door. GOV.UK adds that for certain debts (unpaid criminal fines, Income Tax or Stamp Duty), bailiffs may force entry as a last resort. If you do not let a bailiff in or agree to pay, they can take things from outside your home, such as a car, and you could end up owing more.

Checking who is at the door

Before letting anyone in or paying, GOV.UK says to ask for proof of identity such as a badge, ID card or certificate, which company they work for, a contact number and a detailed breakdown of the amount owed. GOV.UK says bailiffs must hold a certificate unless they are exempt or accompanied by someone who does, and anyone falsely claiming to be a bailiff is committing fraud. GOV.UK explains how to check a certificated agent on the register or a High Court enforcement officer on the published list, and to contact the court if someone says they are a county or family court bailiff.

What they can take, and how long the power lasts

If you let a bailiff in and do not pay, GOV.UK says they may take non-essential goods such as a TV or games console and sell them to cover the debt and their fees. They cannot take items you need, such as clothes, a cooker or fridge, work tools and equipment worth less than £1,350 together, or someone else’s belongings, though you may have to prove goods are not yours. Regulation 9 of the 2013 Regulations generally stops an agent taking control of goods more than 12 months after the date of the notice of enforcement, although a court can extend that period in specified circumstances.

Different bailiffs, different complaint routes

GOV.UK separates private bailiffs (certificated enforcement agents and High Court enforcement officers), county and family court bailiffs, and those enforcing magistrates’ court fines. Most bailiffs work for private companies, even when collecting for a council or the government. For a council or Transport for London debt, GOV.UK says to complain first to the council or TfL and, if still unhappy, to the Local Government and Social Care Ombudsman. For a serious complaint about a High Court enforcement officer, you can ask a High Court judge to consider whether they should continue to operate. For a county or family court bailiff, complain to the court they came from. Complaining is free, though GOV.UK warns you may face legal costs if a court decides a complaint had no reasonable grounds.

Paying, arranging instalments and complaining

You can pay on the doorstep and should get a receipt. GOV.UK says you can offer weekly or monthly instalments, but the bailiff does not have to accept. To complain, for example about threats, wrong fees or taking essential items, GOV.UK says to complain both to the bailiff’s firm and to the creditor. It explains further routes, such as the Local Government and Social Care Ombudsman for council debts, trade associations for members, and asking a court to consider a certificated agent’s certificate using form EAC2. Free debt advice is available from Citizens Advice, MoneyHelper, National Debtline and StepChange.

FAQs

Can a bailiff take goods without entering my home?

GOV.UK says if you do not let a bailiff in they could take things from outside your home, such as a car.

Is there any way to get extra time?

GOV.UK says you may be able to get extra time or debt advice if you are a vulnerable person, and the regulations extend the notice period in some circumstances where a debt adviser acts for you.

Do the same rules apply in Scotland?

No. GOV.UK states there is a different process in Scotland; the 2013 Regulations quoted here apply to England and Wales.

Bottom line

In England and Wales a bailiff must give at least 14 clear days’ notice, usually cannot force their way into your home, must prove who they are, and cannot take essential items. If a visit is looming, contact the creditor and a free debt adviser early, because arrangements are easier to make before goods are taken. This article is general information, not legal advice.

Sources

• GOV.UK, “Bailiff powers when they visit your home: What you can do when a bailiff visits”
• GOV.UK, “Bailiff powers when they visit your home: How to complain about a bailiff”
• legislation.gov.uk, “The Taking Control of Goods Regulations 2013, regulation 6”
• legislation.gov.uk, “The Taking Control of Goods Regulations 2013, regulation 9”

Ending a marriage or civil partnership and dividing the money are two separate steps. GOV.UK’s guide, which covers England and Wales (Scotland and Northern Ireland have different options), says you and your former partner need to agree how to separate pensions, property, savings and investments — and that an agreement only becomes enforceable once a court approves it.

If you agree: the consent order

GOV.UK explains that a consent order is the document that turns an agreement into a legally binding one, and that a court cannot enforce an agreement that has not been made legally binding. You and your ex-partner draft the order, sign it, complete a statement of information form, and one of you files a notice of an application for a financial order. The court fee for a consent order is £62 according to the GOV.UK guide, and there is usually no hearing: a judge approves it if they think it is fair, or can ask you to change it.

Timing matters. The court cannot approve a consent order before the conditional order (decree nisi), and GOV.UK says it is usually simpler to ask before the final order (decree absolute), because if you ask afterwards “there may be financial consequences, particularly for pensions”. The order only takes effect once the final order is made.

Mediation and the MIAM requirement

In England and Wales you generally need to attend a Mediation Information and Assessment Meeting (MIAM) before applying to the court to decide your finances, except in certain cases such as where there has been domestic abuse. GOV.UK gives the usual MIAM cost as around £120 and says a mediator can decide mediation is not suitable. Legal aid may cover mediation for some people.

What you agree in mediation is not itself legally binding. GOV.UK says the paperwork you receive at the end can form the basis of a consent order, but you still need the court to approve that order.

If you cannot agree: a financial order

Where agreement fails, either of you can ask the court to make a financial order (Form A). GOV.UK describes three stages: a first appointment, usually 12 to 14 weeks after applying; a financial dispute resolution appointment to help you settle without a final hearing; and, if you still cannot agree, a final hearing at which a judge decides. Before the first appointment both sides complete Form E, a financial statement covering property, debts and estimated future living costs, and gather supporting documents such as pension and loan paperwork and payslips. The court fee is £321 per the same guide.

What the judge considers

Section 25 of the Matrimonial Causes Act 1973, which applies in England and Wales, requires the court to have regard to all the circumstances of the case, giving first consideration to the welfare of any child of the family under 18. It then lists specific matters, including each party’s income, earning capacity, property and other resources; financial needs, obligations and responsibilities; the standard of living before the breakdown; the age of each party and the length of the marriage; any disability; contributions to the family’s welfare, including looking after the home or caring for the family; and conduct in the narrow circumstances the section describes.

GOV.UK adds that the reason for the divorce is not taken into account and that judges will usually try to arrange a “clean break”, so that the parties no longer have financial ties to one another.

Maintenance and tax

GOV.UK says the court sometimes orders the person with the higher income to make maintenance payments, which can run for a limited period or until one person dies, marries or enters a new civil partnership, and can be changed if circumstances such as employment alter. It also says Capital Gains Tax is usually not payable on assets transferred between spouses or civil partners before the divorce or dissolution is finalised, but may be payable on transfers made after it; if a tax question arises, HMRC or a tax adviser is the right source.

FAQs

Does the final order (decree absolute) settle the finances automatically?

No. According to GOV.UK, dividing money and property is a separate step. Without a court-approved consent order or a financial order, an informal agreement cannot be enforced by a court.

Can I get help with the court fee?

GOV.UK says you may be able to get help with court fees if you are on benefits or a low income, and legal aid may help with costs in certain situations, for example if you are separating from an abusive partner.

Do these rules apply in Scotland or Northern Ireland?

No. The GOV.UK guide relates to England and Wales and states that options in Scotland and Northern Ireland are different; take advice on the law of the relevant nation.

Bottom line

In England and Wales, agreeing your finances is only half the job: a consent order approved by the court is what makes an agreement enforceable, and a financial order is the route when you cannot agree. Whichever you use, deal with the timing around the final order carefully, and take independent legal advice for anything involving pensions or a family home. This article is general information, not legal advice.

Sources

• GOV.UK, “Money and property when you divorce or separate: If you agree”
• GOV.UK, “Money and property when you divorce or separate: Get help agreeing”
• GOV.UK, “Money and property when you divorce or separate: Get the court to decide”
• GOV.UK, “Money and property when you divorce or separate: Maintenance payments”
• legislation.gov.uk, “Matrimonial Causes Act 1973, section 25”

Sharing a house with several other tenants who aren’t your family usually puts the property into a legal category with its own rules: a House in Multiple Occupation, or HMO. Whether a licence is actually required depends on how many people live there and how the council in that area has set its local rules — and getting it wrong carries real legal and financial consequences for a landlord.

When mandatory licensing applies

GOV.UK guidance sets out the national mandatory scheme: a property needs a licence from the local council if it’s a “large” HMO, defined as a home shared by five or more tenants forming more than one household, where some or all tenants share toilet, bathroom or kitchen facilities. A household generally means a single person or people who are related or in a relationship living together — so five friends sharing a house, none of whom are related, would typically count as five separate households and trigger mandatory licensing.

Why licensing can apply below the five-tenant threshold too

The mandatory national scheme is only the floor. Many councils run additional licensing schemes covering smaller HMOs in their area — commonly properties shared by three or four tenants forming two or more households — and some run selective licensing schemes covering all private rented properties in a defined area, regardless of HMO status, usually in response to local issues with housing standards or anti-social behaviour. Because these local schemes vary so much by council, the safest approach for both landlords and tenants is to check directly with the relevant council’s private renting or housing team rather than assuming the national five-tenant rule is the whole picture.

What a council actually checks before granting a licence

Before granting an HMO licence, the council assesses whether the landlord (or their appointed manager) is a “fit and proper person,” whether the property is suitable for the number of people the licence would permit — covering things like room sizes, number of amenities, and fire safety provisions — and whether management of the property is otherwise adequate, including up-to-date gas safety checks and prompt repairs. A standard licence typically lasts up to five years, and GOV.UK guidance confirms a licence cannot be transferred to a new landlord if the property changes hands — a new owner has to apply afresh, it doesn’t carry over automatically.

What happens if a landlord doesn’t have a licence that’s legally required

Operating an HMO that legally requires a licence, without holding one, is a criminal offence, and councils have several enforcement routes: refusing or revoking a licence, prosecuting the landlord, or imposing a civil penalty. For tenants specifically, GOV.UK guidance confirms a significant remedy exists separately from council enforcement — tenants can apply to the First-tier Tribunal for a rent repayment order, which can require the landlord to repay up to twelve months of rent paid while the property was operating as an unlicensed HMO.

Checking whether your home needs, or has, a licence

Shelter’s guidance for tenants notes that even where a licence isn’t held, the standard landlord obligations around gas safety, electrical safety and repair still apply regardless of licensing status — an unlicensed HMO doesn’t mean an unregulated one on those specific points. To check whether a particular property should be licensed, or whether it already is, both GOV.UK and Shelter point tenants and landlords to the relevant local council’s private renting or housing team, since councils generally maintain a register of licensed HMOs in their area.

FAQs

Does a licence guarantee the property meets modern safety standards?

A licence reflects the standards checked at the time it was granted and renewed, not a permanent guarantee — tenants should still report disrepair or safety issues directly to the landlord and, if unresolved, to the council.

Can a tenant apply for a rent repayment order without moving out first?

Yes, a rent repayment order application doesn’t require the tenant to have left the property, though tenants often bring these claims after a tenancy has ended.

Do student houses count as HMOs?

Often, yes — a shared student house meeting the tenant-number and household criteria is generally treated the same as any other HMO for licensing purposes, though some councils apply specific exemptions in defined circumstances.

Bottom line

HMO licensing exists to keep shared housing safe and properly managed, and the rules are more layered than a single national threshold — local council schemes can bring smaller properties into scope. Tenants in an unlicensed property that should be licensed have a real financial remedy through a rent repayment order, not just a complaint to make.

Sources

• GOV.UK: Private renting – houses in multiple occupation
• Shelter England: Does your landlord need an HMO licence?

Raising a concern at work about something seriously wrong — a crime, a safety risk, a cover-up — can feel like a personal and professional risk in itself. Whistleblowing law exists specifically to reduce that risk, by protecting workers who make a “protected disclosure” from being dismissed or mistreated because of it. The protection is real, but it only applies where the disclosure meets specific legal conditions.

Who is actually protected

GOV.UK and Acas guidance both confirm the protection covers “workers” in a broad sense — not just standard employees, but also agency workers, trainees, and, per Acas, members of limited liability partnerships and various NHS practitioners. Genuinely self-employed contractors with no worker relationship, and volunteers without a contract, typically fall outside this protection, along with the armed forces. Crucially, Acas confirms there’s no minimum length of service required — protection applies from day one of a job, unlike the two-year qualifying period that applies to ordinary unfair dismissal.

What makes a disclosure “qualifying”

Not every complaint at work counts as whistleblowing in the legal sense. Acas guidance sets out that a qualifying disclosure must relate to specific categories of wrongdoing: a criminal offence (such as fraud), a failure to comply with a legal obligation, a miscarriage of justice, danger to health and safety, damage to the environment, or the deliberate concealment of information about any of those. The worker must also reasonably believe the disclosure is made in the public interest — a purely personal grievance about your own employment contract, with no wider public interest element, generally doesn’t qualify, even if it’s entirely legitimate as a grievance.

Who a disclosure needs to be made to

How a disclosure is made affects the level of protection. Acas guidance confirms disclosures can be made to an employer directly, to a legal adviser, or to a “prescribed person” — specific regulators and bodies designated by law to receive disclosures about particular types of wrongdoing (for example, the Health and Safety Executive for safety concerns, or the Financial Conduct Authority for certain financial matters). Disclosures made more widely, for instance to the media, generally need to meet a stricter test to attract protection, reflecting that internal or regulator routes are meant to be tried first in most circumstances.

What the law protects against

Acas guidance is clear that a worker who makes a protected disclosure shouldn’t be dismissed or subjected to “detriment” because of it. Detriment is described broadly — being treated worse than before, or having your situation made worse, which can include being denied training, passed over for promotion, having hours cut, or facing bullying or harassment linked to the disclosure. Importantly, confidentiality clauses in a settlement agreement or contract cannot lawfully be used to stop someone making a protected disclosure, regardless of what the clause says.

Time limits and remedies at tribunal

Acas guidance sets the tribunal time limit at three months minus one day from the date of the unfair dismissal or detriment — the same short window that applies to other employment tribunal claims, and just as easy to miscalculate. Acas Early Conciliation applies to whistleblowing claims in the same way as other tribunal claims. Where dismissal is linked to whistleblowing, an employee can also apply for interim relief within seven days of termination, a fast-track application that can keep the employment relationship (or pay) running while the full claim is heard, though it has a demanding legal test to meet.

FAQs

Do I have to raise the concern internally first?

Not necessarily as a strict legal requirement, but disclosures to an employer or a prescribed regulator generally attract protection more straightforwardly than wider disclosures, so raising it internally or with the right regulator first is usually the safer and more effective route.

Can I stay anonymous when whistleblowing?

You can ask to remain anonymous when raising a concern, particularly with a regulator, though this can make it harder for the organisation to investigate fully, and anonymity isn’t always guaranteed to be maintained throughout any resulting process.

What if I’m not sure my disclosure qualifies?

Given the legal tests involved, getting independent advice before raising a concern, where practical, helps clarify whether it’s likely to count as a qualifying disclosure and which route is likely to attract the strongest protection.

Bottom line

Whistleblowing protection is genuinely strong on paper — day-one protection, no qualifying period, and a clear route to tribunal — but it turns on whether a disclosure meets the specific legal definition of a qualifying, protected disclosure made to the right person or body. Understanding that distinction before raising a concern makes a real difference to how well protected you actually are.

Sources

• GOV.UK: Whistleblowing
• Acas: Whistleblowing at work

A Lasting Power of Attorney is meant to be arranged in advance, while someone still has mental capacity to make it. When capacity is lost without one in place — after a stroke, a serious accident, or a condition affecting decision-making — there’s no shortcut back to that option. The remaining route is applying to the Court of Protection to become a deputy, and it’s a slower, more formal and more expensive process than an LPA by design.

The two types of deputy

GOV.UK guidance describes two distinct deputy roles. A property and financial affairs deputy handles practical financial matters — paying bills, managing income, dealing with a pension or property. A personal welfare deputy makes decisions about someone’s medical treatment and care arrangements, and GOV.UK notes this type of deputy is typically only appointed where there’s genuine uncertainty about what’s in the person’s best interests, such as a disagreement between family members about care, or an ongoing decision that needs to be made repeatedly rather than once. Because personal welfare decisions can usually be made under the Mental Capacity Act’s best-interests framework without a deputy, personal welfare deputyships are granted far less often than financial ones.

Who can apply, and what the court checks

Anyone aged 18 or over can apply to be a deputy, most commonly a close family member, though a professional (such as a solicitor) can also be appointed, particularly for complex financial affairs. The Court of Protection considers objections to the appointment, checks the applicant meets the basic requirements, and assesses whether the person genuinely needs a deputy at all, rather than some lighter-touch form of help such as an appointeeship for benefits income alone.

The application process and current fees

The application itself involves completing paper forms, including an assessment of the person’s mental capacity carried out by a professional such as a doctor or social worker, submitted to the Court of Protection by post. GOV.UK’s current fee guidance sets the standard application fee at £432, payable again if applying for both deputy types together. Once appointed, deputies must also pay an annual supervision fee, which GOV.UK sets at £320 for general supervision or £35 for minimal supervision (available to some property and affairs deputies managing smaller estates, generally under £21,000), plus a one-off £100 assessment fee for new deputies. Fee remission or exemption may be available depending on the person’s financial circumstances, and it’s worth checking current eligibility before assuming the full fee applies.

What happens after appointment

Once appointed, a deputy receives a court order setting out exactly what they can and cannot do — deputyship isn’t unlimited authority, and acting outside the order’s scope can be challenged. Financial deputies are also usually required to take out a security bond (a form of insurance protecting the person’s estate), and must submit an annual deputy report to the Office of the Public Guardian, accounting for decisions made and money managed on the person’s behalf. The Office of the Public Guardian can and does investigate concerns raised about a deputy’s conduct.

Why this differs so much from having an LPA in place

An LPA registered in advance lets someone choose their own attorney while they still have capacity, at a fraction of the cost and without ongoing court supervision in the same way. Deputyship exists precisely because that window has already closed by the time it’s needed — the court, rather than the person themselves, is deciding who takes on the role, which is part of why the process is slower and more tightly supervised.

FAQs

How long does a deputyship application take?

It varies significantly by case complexity and court workload, but it commonly takes several months from application to a final order, which is one of the practical reasons advance planning with an LPA is generally recommended over relying on deputyship.

Can more than one person be appointed as deputy?

Yes, the court can appoint joint deputies (who must act together) or deputies to act jointly and severally (who can act independently), and can also appoint a panel deputy such as a solicitor where family circumstances make that more appropriate.

Does deputyship end automatically?

A deputyship order can be time-limited or ongoing, and it ends if the person regains capacity, dies, or the court otherwise ends the order — it isn’t necessarily permanent by default.

Bottom line

Deputyship is the fallback when capacity is lost without an LPA already in place, not an equivalent alternative to one. It works, but it’s slower, costs more upfront and annually, and puts the court — not the family — in charge of who’s appointed and what they’re allowed to do.

Sources

• GOV.UK: Deputies – make decisions for someone who lacks capacity, overview
• GOV.UK: Deputy application and supervision fees
• GOV.UK: Apply to become a deputy

Contesting a will usually means one of two very different legal routes: arguing the will itself isn’t valid, or accepting the will is valid but arguing it doesn’t provide reasonable financial support for you. The second route runs through the Inheritance (Provision for Family and Dependants) Act 1975, a piece of legislation with its own eligibility rules and a genuinely unforgiving deadline.

What the 1975 Act actually does

The Act, as set out in full on legislation.gov.uk, allows the court to alter how an estate is distributed — whether under a will, the intestacy rules, or both — where it hasn’t made “reasonable financial provision” for certain categories of people connected to the deceased. Importantly, this isn’t a claim that the will is invalid or was signed under undue influence; it’s an acceptance that the will (or intestacy) is legally valid, combined with an argument that its effect on you specifically isn’t fair given your relationship to the deceased and your financial circumstances.

Who is actually allowed to claim

The Act limits eligible applicants to specific categories: a spouse or civil partner of the deceased, a former spouse or civil partner who hasn’t remarried, a person who cohabited with the deceased as a partner for at least two years immediately before death, a child of the deceased, someone treated as a child of the family (such as a stepchild), and any other person who was being maintained, wholly or partly, by the deceased immediately before death. Each category has its own test for what “reasonable financial provision” means — a spouse’s claim is generally assessed more generously than, say, an adult child’s, reflecting what they might reasonably have received on divorce rather than only what’s needed for maintenance.

The six-month time limit, and why it’s stricter than it sounds

Section 4 of the Act sets out that an application must generally be made within six months of the date representation (the grant of probate or letters of administration) is first taken out, unless the court gives permission for a late claim. Six months from a grant of probate can arrive faster than people expect, particularly where an estate is administered quickly or where a potential claimant only finds out about the will’s contents some time after the death. The court can extend the deadline, but doing so is discretionary, not automatic, and a late applicant has to persuade the court it’s justified — so treating six months as a hard deadline, and taking advice well before it, is the safer approach.

What the court weighs up

Where a claim is allowed to proceed, the court considers a set of factors including the applicant’s financial resources and needs (now and in the foreseeable future), the size of the estate, any obligations the deceased had towards the applicant and other beneficiaries, and the applicant’s conduct where relevant. There’s no fixed formula — each case turns on its specific facts, which is part of why these claims are often contested rather than settled quickly.

How this differs from challenging a will’s validity

A validity challenge argues the will itself shouldn’t stand — for example because the person lacked mental capacity, was unduly influenced, or the will wasn’t properly signed and witnessed. A 1975 Act claim doesn’t dispute any of that; it can run even where a will is unquestionably valid, on the basis that a valid will can still leave an eligible applicant without reasonable provision. The two types of claim have different tests, different evidence, and can sometimes be brought together, but they answer different legal questions.

FAQs

Does the six-month limit start from the date of death?

No. It runs from the date representation is first taken out (the grant of probate or letters of administration), not from the date of death, which can be weeks or months earlier.

Can I bring a claim before probate is granted?

Yes — the time limit only sets a deadline, it doesn’t stop a claim being issued earlier, before formal representation is taken out.

What if the deadline has already passed?

You can ask the court for permission to bring a late claim, but this is at the court’s discretion and there’s no guarantee it will be granted, particularly if the estate has already been distributed to beneficiaries.

Bottom line

A 1975 Act claim is about fairness in what you actually receive, not about attacking the will itself, and it’s only open to specific categories of applicant. The six-month clock from the grant of representation is the detail people miss most often — get advice early rather than waiting to see how estate administration unfolds.

Sources

• legislation.gov.uk: Inheritance (Provision for Family and Dependants) Act 1975
• legislation.gov.uk: Section 4 – time limit for applications
• legislation.gov.uk: Section 1 – application for financial provision from deceased’s estate

Losing a job feels unfair long before it’s legally “unfair dismissal.” The two aren’t the same thing. Employment law in Great Britain sets out specific reasons an employer can rely on, a process they’re expected to follow, and strict time limits for challenging a dismissal at an employment tribunal — and missing any of these can matter as much as the decision itself.

What counts as a fair reason for dismissal

Acas guidance sets out that a dismissal is only potentially fair if the employer can point to one of a limited set of reasons, most commonly conduct (the employee did something inappropriate or unacceptable) or capability (the employee isn’t able to do the job, or lacks the right qualifications). Redundancy, a legal restriction that stops someone doing the job, and “some other substantial reason” are the other recognised categories. Having a fair reason isn’t the end of it, though — the employer also has to act reasonably in how they handle the dismissal, which is where a lot of claims are actually won or lost: was there a proper investigation, a real hearing, and a chance to appeal?

The two-year qualifying period — and its exceptions

For most employees, the right to claim ordinary unfair dismissal only kicks in after two years of continuous employment with the same employer. Fall short of that, even by a few weeks, and there’s generally no ordinary unfair dismissal claim available, regardless of how badly the dismissal was handled. There’s an important carve-out, though: Acas guidance confirms that no qualifying period is needed at all where the reason for dismissal is “automatically unfair” — for example pregnancy or maternity leave, trade union membership, whistleblowing, jury service, requesting family leave, or raising a genuine health and safety concern. In those cases, an employee is protected from day one of the job. It’s also worth knowing this qualifying period is due to change: government guidance confirms unfair dismissal protection is set to become a right from day one for dismissals from a job started on or after a date planned for 2027, rather than after two years, though the two-year rule is what applies to claims now.

ACAS early conciliation comes before the tribunal, not instead of it

You cannot generally go straight to an employment tribunal. GOV.UK guidance is explicit that before making a claim, you must first notify Acas, which offers early conciliation — a chance to resolve the dispute without a tribunal hearing at all. If conciliation doesn’t resolve things, Acas issues a certificate, and that certificate number is needed to actually submit the tribunal claim (form ET1). Going through Acas isn’t a formality to skip; a tribunal claim submitted without it can be rejected.

Time limits: why “3 months” is really less than that

GOV.UK guidance states that a claim usually has to be made within three months of the employment ending or the problem happening, but the clock doesn’t simply pause for however long conciliation takes and then restart fresh — contacting Acas stops the clock while conciliation is ongoing, and Acas guidance elsewhere describes the underlying tribunal deadline as three months minus one day from the dismissal or detriment. In practice this means the safest approach is to contact Acas well before the three-month mark, not close to it, because working out exactly how much time is left after conciliation pauses and resumes the clock is genuinely easy to get wrong. Tribunals have limited discretion to accept a late claim, but it isn’t guaranteed and shouldn’t be relied on.

What a tribunal can actually award

If a claim succeeds, a tribunal can order reinstatement or re-engagement, though this is relatively rare in practice, or more commonly a compensatory award alongside a basic award calculated in a similar way to statutory redundancy pay (based on age, length of service and weekly pay, subject to statutory caps). The compensatory element is meant to reflect the claimant’s actual financial loss, including notice pay and lost earnings, though it is itself subject to a statutory cap that is uprated periodically.

FAQs

What’s the difference between unfair dismissal and wrongful dismissal?

Wrongful dismissal is a breach-of-contract claim, usually about notice pay or a fixed term ended early, and doesn’t require two years’ service. Unfair dismissal is about whether the reason and process behind the dismissal were fair under employment law, and generally does require two years’ service unless an automatically unfair reason applies.

Do I need a solicitor to bring a claim?

No — employment tribunal claims are designed to be brought without a lawyer, and many people do. Acas early conciliation itself is free. That said, for anything beyond a straightforward case, early advice can help you understand whether you have a viable claim before the time limit runs out.

Can I still claim if I resigned rather than being dismissed?

Potentially, through a constructive dismissal claim, if you resigned in response to a fundamental breach of contract by your employer. The same two-year qualifying period and time limits generally apply, and constructive dismissal claims are often harder to prove than a straightforward dismissal.

Bottom line

Whether a dismissal is actually unfair depends on the employer’s reason and how reasonably they acted, not just how it feels. Check your length of service against the two-year rule and the automatically-unfair exceptions, contact Acas well inside the three-month window, and treat early conciliation as a genuine first step rather than a box to tick before the real process starts.

Sources

• Acas: Unfair dismissal
• GOV.UK: Dismissing staff – unfair dismissal
• GOV.UK: Employment tribunals – before you make a claim
• Acas: Whistleblowing at work (time limit detail)