resources : FAQs

Campbell Stafford Solicitors, Belfast – Frequently Asked Questions
  1. Have I been unfairly dismissed?
  2. Have I been discriminated against?
  3. How and where can I issue tribunal/employment proceedings?
  4. Are there any time limits for issuing proceedings?
  5. Is Legal Aid available for Tribunal proceedings?
  6. If I have an accident or want to take a case and use my household insurance policy am I obliged to accept the insurance panel solicitor?
  7. How long will it take to buy/sell my property?
  8. What is involved in selling/buying a house?
  9. What is the fee for selling/buying a house?

1. Have I been unfairly dismissed?
You must have been employed for over a year by your employer before you would be entitled to pursue such a case. Much will depend on the circumstances, and for example, there has been a breach of the employers own procedures. Advice can be sought from a solicitor, the Labour Relations Agency or the Citizens Advice Bureau.
[top]

2. Have I been discriminated against?
Discrimination can occur where there has been less favourable treatment on the grounds of gender/marital status, race, age, sexual orientation, religion or political belief or disability.
[top]

3. How and where can I issue tribunal/employment proceedings?
Most employment cases are heard in the Industrial Tribunals and Fair Employment Tribunal. The Tribunal can supply pamphlets giving some guidance on Tribunal procedure.
[top]

4. Are there any time limits for issuing proceedings?
In most Tribunal proceedings, an IT1 Tribunal summons must be issued within three months from the date the of action arose, for example the date of dismissal or redundancy. Where a grievance has been lodged the time limit can be extended by a short period but advice should be sought urgently. For employers there is a strict time limit for lodging a defence.

  • Employment Tribunal – 3 months from the date the action arose, for example the date of dismissal or redundancy.
  • Personal Injury – 3 years from the date of accident
  • Personal Injury (Children) – Children have a period of 3 years from the date they attain the age of 18
  • Negligence – 3 years
  • Breach of Contract – 6 years

[top]

5. Is Legal Aid available for Tribunal proceedings?

Legal Aid is not available in the Tribunal and legal representation is funded in some cases by the Equality Commission. In others, household insurance can be available for example, if there has been a breach of contract, which could include the employment context.
[top]

6.If I have an accident or want to take a case and use my household insurance policy am I obliged to accept the insurance panel solicitor?
You have the legal right to chose your own solicitor by virtue of Section 6 (1) of the Insurance Companies (Legal Expenses Insurance) Regulations 1990, which states: “Freedom to choose a lawyer: (1) Where under a legal expenses insurance contract recourse is had to a lawyer to defend, represent or serve the interests of the insured in any proceedings, the insured shall be free to choose that lawyer”. Your insurance company is not allowed to dictate to you which lawyer you retain for your case regardless of any terms and conditions they might be seeking to rely upon.
[top]

7. How long will it take to buy/sell my property?
A straightforward conveyance will take 4 –6 weeks. If issues arise such as lack of planning permission or building approvals for works carried out to the property these may take time to obtain thus lengthening the time it takes for the conveyance to complete.
[top]

8. What is involved in selling/buying a
house?

The vendor’s solicitors will need to obtain your title deeds, draft contract, and obtain searches and property certificates. The client will need to complete replies to pre contract enquiries. All these are provided to the purchaser’s solicitors. The vendor will also need to provide all planning permission, building approvals and consent for any extension or alteration to the property. Once the purchaser’s solicitor is satisfied with all documents and has his client’s offer of mortgage then a completion date is agreed and the offer to purchase is made. The vendor will accept the offer to purchase and monies are sent to the vendor’s solicitor on the completion date to enable them to authorise the handover of keys.
[top]

9. What is the fee for selling/buying a
house?

The professional fee is usually worked out as a percentage of the purchase or sale price. There will be outlays such as searches, property certificates, registration fees and stamp duty. If you require an estimate of our fees please see the link to the appropriate form.
[top]

If you have any further queries please do not hesitate to contact us.