6th January 2016
Unfair Dismissal
Our specialist team will work with you to ensure that matters run as smoothly as possible when dealing with employment problems. We will draft the necessary letters and agreements and provide expert guidance and advice to ensure that potentially contentious matters are handled with sensitivity and a clear understanding of each party’s legal obligations.
Employees are protected from being unfairly dismissed providing they have been employed for the minimum period of time. Normally this is 12 months but there are a number of special cases where there is no minimum period of employment.
Where the employee is protected from unfair dismissal the employer has to show that the reason, or if more than one, then the principal reason for dismissing an employee falls into one of the categories set out in the Employment Rights Act 1996. These categories are as follows;
- There was a genuine redundancy
- The employee lacks the capability or qualifications to do the job he/she is employed to do
- The employee no longer being able to do his/her job because by doing so would contravene a statutory provision
- The dismissal was a result of the conduct of the employee
- Some other substantial reason
If the employer is not able to satisfy the Employment Tribunal that the dismissal was for one of the above reasons then the termination of the employment will be found to be automatically unfair.
If one of the above reasons is established by the employer, the Employment Tribunal must then decide whether the employer acted reasonably in dismissing the employee. The Tribunal has to decide “in accordance with equity and the substantial merits of the case” whether the dismissal was fair or unfair.
If the Employment Tribunal finds against you it has the power to order that you reinstate your employee or more usually that you pay him or her compensation. Where the dismissal has been on one of the special grounds such as sexual discrimination the compensation ordered can be high.
Why choose us?
This is a complex area of law which is often something of a nightmare particularly for the small employer. It is essential to make sure that legal advice is taken at the right time so as to try and avoid the pitfalls that otherwise can cause much damage to a business.
Contact one of our helpful team to make an appointment or to discuss any employment issues you may have.
22nd December 2015
Landlord & Tenant
We offer sound advice on Residential Letting, Tenancy Agreements that need to be put in place and will give guidance on Common Problems that can possibly be encountered as a Landlord.
Whether you are thinking of letting a room in your house, a ‘buy to let’ property or commercial premises, it is crucial that you take legal advice at the outset to help you avoid the potential pitfalls and to maximise the benefits of letting your property. As a Landlord, there are certain obligations that you have to take into account and our experienced team are available to discuss these issues with you.
In the unfortunate event that you have problems with a tenant, we can advise you on the appropriate steps to take to protect your position.
20th November 2015
Litigation
Our litigation team advise on many aspects of civil litigation and has experience in dealing with disputes for both businesses and individual clients.
Resolving disputes can be expensive so we endeavour to help our clients reach the most cost effective and speedy outcome. By working closely with our clients we are able to understand what they want to achieve by instructing us.
Many disputes are settled through negotiation, however, if a case does reach the court system our team has the expertise to advise you through the process.
Our services
- Debt recovery
- Residential possession proceedings
- Rent recovery
- Landlord and Tenant problems
- Contract disputes
- Land and property disputes
- Consumer problems
8th January 2016
Contract Disputes
It is vital that should your business become involved in a contract dispute that you receive the correct advice as a matter of urgency. We have the experience and knowledge to guide you on the best way forward to resolving the dispute.
We handle contract disputes for all types of businesses to include;
- Insurance claims
- Company/Shareholder/Partnership disputes
- Disputes over contracts for the supply of goods and/or services
- Professional Negligence matters
- Employment disputes
- Landlord and Tenant
Why choose us?
Our commercial litigation team is able to successfully manage any claim for you, quickly and cost effectively. The starting point is consideration of the contract itself or the documents making up the contract. We give advice on the likely damages that may be recovered, costs involved and associated risks. We adopt a straightforward, realistic approach and where possible attempt to achieve a negotiated settlement, in many cases without the need for expensive and lengthy litigation.
Contact one of our litigation team below to discuss your circumstances.
8th January 2016
Professional Negligence
We are able to give advice and guidance on whether the professional, being an accountant, doctor, architect, builder, solicitor or other professional body was negligent in your particular circumstances.
In the first instance, we will advise you whether you have a professional negligence claim. In some cases this can be simple to assess, such as large cracks forming in a newly built house or a solicitor acting for you missing a legal deadline date. In other cases such as work undertaken by an accountant or surveyor, it may not be immediately obvious whether the advice or service that you have received amounts to negligence. Many negligence claims are full of uncertainties and it is therefore necessary to obtain legal advice to clarify your position as to whether a negligence claim can be brought against the professional.
To establish negligence against the professional you have to prove that the professional owed you a duty to act in a reasonably competent manner, that the professional has failed to do so and that as a result you have suffered some sort of loss. It is important to appreciate that just because something has gone wrong or not as had been hoped or anticipated this does not always mean that the professional has been negligent.
Most professionals will have professional indemnity insurance and in most cases their insurance company will be appointed to act on their behalf. The insurance company will adapt a commercial and objective approach to litigation and their procedures and eventual conclusion of a claim can be lengthy.
The procedure relating to professional negligence claims enables legal disputes between people or organisations that are caused by the negligence of professionals to be resolved through negotiation or through the courts. The Civil Procedure Rules contain a pre-action protocol for Professional Negligence that sets out the steps to be taken in connection with any professional claim.
Why choose us?
Our teams have a wealth of experience in all professional negligence situations. We will liaise with the insurance company or the defendant directly on your behalf, collecting files, contracts other paperwork and submitting all necessary documentation to the relevant parties and courts, negotiating and pursuing your claim to ensure a quicker conclusion.
For further advice on negligence that you have suffered or information on pursuing a claim then contact one of our professional negligence team members below.
8th January 2016
Property Disputes
Our expert property litigation team are able to advise business clients on all property related disputes, recognising the importance of speed, efficiency and appropriate action where necessary.
Our wealth of experience covers all kinds of property disputes and includes;
- Advising landlords & tenants
- Interpretation of leases
- Enforcement of rights under leases
- Disputes over renewal of business tenancies
- Enfranchisement of leases
- Rights of way
- Partition or Party walls
We will advise on all aspects of dispute resolution, addressing and managing disputes early, avoiding wherever possible costly and lengthy litigation enabling a satisfactory, early and commercial resolution.
To ensure that you are properly advised, contact one of our teams for advice and assistance.
