Your legal questions answered by Fahmida Ismail, Partner at Sydney Mitchell LLP. As featured in Worcester News, Sep 2014.
Q. I am overweight and work in a call centre. A year ago my manager disciplined me informally and said that “because of my size” I came over as rude and aggressive. I was shocked. Then six weeks ago she said the same thing. My union says it’s not discrimination because it’s not racial or sexual.
A. Your union is correct because, unless size is intrinsically linked to a disability, it is not a protected characteristic in law. However everyone has a right to be treated with dignity and respect in the workplace. If you feel you are being bullied or harassed as a result of your personal appearance you should take it up with your employer, using the firm’s grievance procedures. If however there is justification for the suggestion that you are rude and aggressive at work you should probably also reassess your own behaviour.
Q. I owe £4,000 to the bank. I’m 62 and I’m wondering whether they can make me sell my house to pay the debt off. I was under the impression that they can’t evict you if you’re over 60.
A. If the bank pursued this to the bitter end they would secure a judgment against you in the County Court. In order to enforce this they could attempt to seize your goods, or apply to the court for an order charging your property with the judgment debt. Ultimately they could apply for your property to be sold to pay the debt. At that point your age could become relevant, since the judge would take all of your circumstances into account before making the order. However these are drastic measures for a debt of £4,000. Discuss with the bank ways in which you might be able to pay it off.
Q. My company is being chased up for a debt from the late 1990’s, and since there isn’t the money they are threatening me with the bailiffs. I have sub let part of the building and am concerned that they will take my tenant’s property. Can the bailiffs break into this office?
A. Have you had a County Court judgment entered against you? If not, it isn’t possible for them to instruct bailiffs. It may not even be possible to commence legal proceedings if six years have passed since payment was first demanded. If a judgment has, however, been entered and the court subsequently issued a “Warrant of Execution” instructing the bailiffs, then they may pay you a visit but they should only take goods that belong to you.
For further information on any of the legal issues raised, please contact Fahmida Ismail on 0121 698 2200 or fill in our online enquiry form.
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