Problems &

Disagreements

Problems & Disagreements

 

Starting a business is an empowering yet daunting time. The start-up costs are generally high and the returns in the first few months are low or non-existent.

Here you will find advice on some of the key areas of concern when encountering a problem or disagreement. 

Manage your debt

At risk of redundancy letter


What is it?

This is a letter that can be used to inform the employee that the employee is at risk of being made redundant.




Dismissal for redundancy letter


What is it? This is a letter that can be used to inform the employee that the employee is being dismissed for redundancy reasons. It is best practice for the employee to be given the right of appeal against redundancy.




Invitation to a redundancy appeal meeting


What is it?

This is a letter to an employee inviting them to a redundancy appeal meeting.




Redundancy consultation letter


What is it? This is a letter to an employee informing them of the redundancy consultation procedure. The letter should contain details of the consultation procedure.





Recovering a debt

Debt recovery letter


What is it? This is the payment overdue letter or debt chaser letter. This letter reminds the customer that their account is now overdue. It is a friendly reminder and not a severe warning letter. Why is it important? The first reminder letter should be sent the day after an invoice becomes due. At this early stage we do not recommend that you adopt an aggressive approach. A friendly reminder letter as in our template is all that you need at this stage. If the invoice remains unpaid after say 14 days, we recommend that you go on to the second stage i.e. the late payment letter.




Second debt recovery letter


What is it?

This is the Late Payment Reminder letter. This letter should include a copy of the relevant invoices(s) and if available a copy of the signed order form or any other document that was used to confirm the order.

Why is it important?

Adding this information will ensure that your customer has all the documents they need to see that the debt is due and payable. We recommend that you do not refer to the right to charge interest in this letter as this might upset your customer if as may be the case, the late payment was just an oversight. If you do not receive payment within 14 days escalate the process and send the Final Demand Letter.




Letter before action


What is it? This is the Final demand for payment letter.
Why is it important?
This letter is worded in a firm and formal manner and should be sent as the last action before you issue legal proceedings against the customer. If your customer does not pay you shortly after you have sent the LBA then issue proceedings after the payment deadline has passed. Do not leave a long gap between the sending of the LBA and the issue of proceedings as further delays are not likely to assist your recovery of the debt.




Recover debt - Loans


What is it? Our debt recovery lawyers can provide you with a range of individual letter templates designed to recover a range of loans. Why is it important? The letters cover each key stage in communicating with a customer or client that has an overdue loan.




Recover debt - Debt collection


What is it?

As invoices grow older the more difficult it becomes to recover the debt. We can provide you with a commercial debt recovery service on a “no win, no fee basis which means we charge a success-based fee proportionate to what we recover. This fee is charged on the basis of the age of the debt and your customer’s location. We also charge a small administration fee per customer to assist with our initial debtor verification process. This entails our debt recovery lawyers assessing the customer’s creditworthiness and checking whether there are any outstanding County Court judgments against the customer.

Alternatively, our debt recovery lawyers can provide you with a range of individual letter templates designed to assist you with recovering the money that you are owed quickly and professionally.

To discuss your requirements with one of our debt recovery lawyers and take a look at our fees in detail, call us now!




Instructing bailiffs to recover possession of property or seize goods to satisfy judgments


What is it?

You can instruct either the County Court bailiffs or High Court Enforcement Officers (HCEO) to collect your judgment debt. The bailiffs will add their enforcement fees to the debt.

If your debt is under £600 you can only apply at the County Court to instruct the bailiffs. If your debt is between £600 and £5000 you can instruct either the County Court bailiffs or the HCEOs. If your debt is over £5,000 and not regulated by the Consumer Credit Act you must instruct the High Court bailiffs.

The bailiffs once instructed will contact the debtor to give them 7 days to pay the debt. If the debt is not paid the bailiffs can attend the debtor’s home or premise to recover the debt due or seize goods to the value of the debt including their fees. The goods will be sold at auction and the money raised used to pay your debt and the bailiff’s fees. Instructing bailiffs can be very effective in recovering a debt.

Risks

Bailiffs can only take goods owned solely by the debtor or jointly owned by the debtor but cannot take goods that are subject to hire purchase agreements, essential household items such as bedding, furniture, kitchen equipment etc or the debtor’s tools of trade (up to a value of £1350) ie tools which the debtor needs for his trade. The goods when sold at auction will be sold as second-hand goods so you will not recover the sale price of the goods.

If you need help in enforcing a county court judgment we can help. Our advice is quick, effective and cost-effective.





Landlord & Tenant problems

What is a Contract?


What is it?

A contract is a promise or agreement between two or more parties that is legally binding.

For a contract to exist there must be:

  1. An agreement by the parties created by the offer and acceptance of specific terms or obligations by either party;
  2. An intention by the parties to create legal obligations and form an enforceable agreement;
  3. Consideration – this arises where on party to the contract promises or offers to do something for the other party which the other party accepts by giving something in return. An example of consideration can be seen when a customer agrees to buy goods from a shop owner and money is exchanged for the goods.

If you need help or advice on any contract, commercial or business law issue, please contact our commercial contract solicitors.




Breaches of contract/Breaches of covenant


What is it?

A breach of contract is similar to a breach of covenant the only difference being that the term “breach of covenant” is mainly used in relation to breaches of promises or obligations in a property deed or occasionally written contract.

A breach of contract or breach of covenant occurs when one party to the agreement fails to fulfil an obligation or breaks the terms and conditions set out in an agreement. This may occur if for instance one party fails to pay for goods or services provided by the other party or the other party fails to provide the goods agreed or fails to provide services agreed to an acceptable standard.

Why is it important?

Before you decide to sue someone for breach of contract it is always worthwhile to review the merits of your claim (seek legal advice if you are unsure) , assess the value of your claim, consider whether pursuing legal action is a reasonable and cost-effective response and consider the relationship between you and the other party to the contract. Do you want the relationship to continue? Is pursuing your claim a reasonable and cost-effective response? If you have any doubts it is always best to try to negotiate a settlement rather than go to court.

For advice in relation to a breach of contract or breach of covenant call our specialist solicitors on 01234 938089.




Contract disputes: Should I sue for breach of contract?


What is it?

It is not always easy to sue someone for breach of contract. In order to stand a good chance of succeeding in your claim you need to show that:

1.The existence of a legally binding contract. If the contract was made verbally it may be difficult to prove that there was a contract that is legally binding. This shows the importance of ensuring that all contracts that you enter into is recorded in writing. You can rely on emails and letters to prove the contract existed.

2. There was a breach of contract ie the party you are suing did not fulfil their obligations under the agreement or that they did not perform their obligations properly.

3. You have suffered loss as a direct result of the breach of contract and that you deserve to be awarded damages for the loss suffered. This is a difficult hurdle to overcome as the court will only award damages if it is sure that the loss you suffered was caused by the breach of contract, you have tried to mitigate your loss (ie taken reasonable steps to try to reduce your loss) and that the damage that you suffered was not too remote.

Litigation can be costly, distressing, damaging and time consuming.

If you have a contract dispute that is bothering you and need information and advice on any breaches of contract, please contact our commercial contract lawyers.





Managing licenses


Running an online business


Protecting your IP


Business Relationships


Writing a business plan


Reorganisation & Redundancies

At risk of redundancy letter


What is it?

This is a letter that can be used to inform the employee that the employee is at risk of being made redundant.




Dismissal for redundancy letter


What is it? This is a letter that can be used to inform the employee that the employee is being dismissed for redundancy reasons. It is best practice for the employee to be given the right of appeal against redundancy.




Invitation to a redundancy appeal meeting


What is it?

This is a letter to an employee inviting them to a redundancy appeal meeting.




Redundancy consultation letter


What is it? This is a letter to an employee informing them of the redundancy consultation procedure. The letter should contain details of the consultation procedure.





Commercial notices

At risk of redundancy letter


What is it?

This is a letter that can be used to inform the employee that the employee is at risk of being made redundant.




Dismissal for redundancy letter


What is it? This is a letter that can be used to inform the employee that the employee is being dismissed for redundancy reasons. It is best practice for the employee to be given the right of appeal against redundancy.




Invitation to a redundancy appeal meeting


What is it?

This is a letter to an employee inviting them to a redundancy appeal meeting.




Redundancy consultation letter


What is it? This is a letter to an employee informing them of the redundancy consultation procedure. The letter should contain details of the consultation procedure.





Breaches of contract

What is a Contract?


What is it?

A contract is a promise or agreement between two or more parties that is legally binding.

For a contract to exist there must be:

  1. An agreement by the parties created by the offer and acceptance of specific terms or obligations by either party;
  2. An intention by the parties to create legal obligations and form an enforceable agreement;
  3. Consideration – this arises where on party to the contract promises or offers to do something for the other party which the other party accepts by giving something in return. An example of consideration can be seen when a customer agrees to buy goods from a shop owner and money is exchanged for the goods.

If you need help or advice on any contract, commercial or business law issue, please contact our commercial contract solicitors.




Breaches of contract/Breaches of covenant


What is it?

A breach of contract is similar to a breach of covenant the only difference being that the term “breach of covenant” is mainly used in relation to breaches of promises or obligations in a property deed or occasionally written contract.

A breach of contract or breach of covenant occurs when one party to the agreement fails to fulfil an obligation or breaks the terms and conditions set out in an agreement. This may occur if for instance one party fails to pay for goods or services provided by the other party or the other party fails to provide the goods agreed or fails to provide services agreed to an acceptable standard.

Why is it important?

Before you decide to sue someone for breach of contract it is always worthwhile to review the merits of your claim (seek legal advice if you are unsure) , assess the value of your claim, consider whether pursuing legal action is a reasonable and cost-effective response and consider the relationship between you and the other party to the contract. Do you want the relationship to continue? Is pursuing your claim a reasonable and cost-effective response? If you have any doubts it is always best to try to negotiate a settlement rather than go to court.

For advice in relation to a breach of contract or breach of covenant call our specialist solicitors on 01234 938089.




Contract disputes: Should I sue for breach of contract?


What is it?

It is not always easy to sue someone for breach of contract. In order to stand a good chance of succeeding in your claim you need to show that:

1.The existence of a legally binding contract. If the contract was made verbally it may be difficult to prove that there was a contract that is legally binding. This shows the importance of ensuring that all contracts that you enter into is recorded in writing. You can rely on emails and letters to prove the contract existed.

2. There was a breach of contract ie the party you are suing did not fulfil their obligations under the agreement or that they did not perform their obligations properly.

3. You have suffered loss as a direct result of the breach of contract and that you deserve to be awarded damages for the loss suffered. This is a difficult hurdle to overcome as the court will only award damages if it is sure that the loss you suffered was caused by the breach of contract, you have tried to mitigate your loss (ie taken reasonable steps to try to reduce your loss) and that the damage that you suffered was not too remote.

Litigation can be costly, distressing, damaging and time consuming.

If you have a contract dispute that is bothering you and need information and advice on any breaches of contract, please contact our commercial contract lawyers.





Managing licenses


Running an online business


Protecting your IP


Business Relationships


Writing a business plan


 
 

Issues with employer

Invitation letter to a disciplinary appeal hearing for misconduct


What is it? Make sure you do things right when you discipline an employee. Our employment solicitors can provide you with a disciplinary hearing letter/notice to be sent to the employee which sets out in clear and simple terms the disciplinary allegations, process to be followed, the employee's rights and potential sanctions. Why is it important? If you are formally disciplining an employee for misconduct, this letter ensures that you are complying with the unfair dismissal laws. It also meets the requirements of the statutory ACAS Code of Practice on Disciplinary and Grievance Procedures. It is always best practice to give the employee a right to appeal any misconduct decision. The letter should tell the employee they must appeal in writing with their grounds of appeal. If you accept an appeal by the employee, you should respond with a letter inviting the employee to an appeal hearing for misconduct. Risks Non-compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will be taken into account by an employment tribunal when deciding whether an employee has been treated fairly and can also result in the tribunal increasing the amount of compensation awarded your employee if the case went to court.




Invitation letter to a Appeal hearing for misconduct


What is it? The right to appeal against the outcome of disciplinary action is an important element of a fair disciplinary process. Where an employee appeals against a disciplinary sanction, the employer should invite them to a disciplinary appeal hearing. Why is it important? The ACAS Code of Practice on Disciplinary and Grievance Procedures states that the employee should be given the right to appeal against any disciplinary sanction or decision.Our employment solicitors can provide you with an invitation letter to an appeal hearing that helps ensure that your processes are watertight. The invitation should include information about the employee's right to be accompanied at the appeal hearing. Risks Non-compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will be taken into account by an employment tribunal when deciding whether an employee has been treated fairly and can also result in the tribunal increasing the amount of compensation awarded if the case went to court.




Disciplinary outcome letter for misconduct - warning or no action


What is it? This is a letter that can be used to inform the employee of the outcome of the disciplinary meeting for example, when the outcome is a warning, dismissal or no further action is to be taken by the employer.




Invitation letter to a performance appeal hearing


What is it? This is a letter that should be used to invite an employee to a performance appeal hearing.




Invitation letter to a performance hearing





Poor performance outcome letter - warning or no action


What is it? This is a letter that can be used to inform the employee of the outcome of the poor performance meeting when the outcome is a warning or no further action is to be taken.




Disciplinary procedure


What is it? A disciplinary procedure is a formal way for an employer to deal with an employee’s unacceptable or improper behaviour (‘misconduct’) or performance (‘capability’). Why is it important? You should put your disciplinary procedure in writing and make it easily available to all staff. IIt should say what performance and behaviour might lead to disciplinary action and what action your employer might take. It should also include the name of someone you can speak to if you do not agree with your employer’s disciplinary decision. Disciplinary steps : Your disciplinary procedure should include the following steps: A letter setting out the issue. A meeting to discuss the issue. A disciplinary decision. A chance to appeal this decision. Risks Before starting a disciplinary procedure against a member of staff , you should first see whether the problem can be resolved in an informal way. This can often be the quickest and easiest solution. If you need help in resolving an employment matter or dispute, please contact our employment solicitors on 01234 938089. We can provide you with advice on a fixed fee basis.




Suspension Letter


What is it? This is a letter that can be used to inform the employee that the employee will be suspended pending investigation of the disciplinary allegations.




Dismissal letter for misconduct


What is it? This Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal on the grounds of misconduct falling short of Gross Misconduct. Why is it important? To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Dismissal letter for poor performance


What is it? This Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal for poor performance. Why is it important? To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Gross misconduct dismissal letter


What is it? This Gross Misconduct Notice of Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal on the ground of gross misconduct. An employee can be dismissed “on the spot” for gross misconduct eg fighting at work. Why is it important? However it is best practice to follow up a gross misconduct “on the spot dismissal” with a letter fully explaining the dismissal and the reasons for the dismissal. Risks To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Dismissal letter for employees without unfair dismissal rights


What is it? This Dismissal Letter should be used to inform the employee of their dismissal when they have under two years’ service with the employer. Why is it important? It is best practice to put an employee on a performance improvement plan(PIP) first before dismissing them irrespective of their length of service. This letter can be used where an employee is dismissed either with or without having been put on a performance improvement plan. In all cases, the employer should adopt a professional and respectful tone when communicating with the soon-to-be dismissed employee. Risks To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Appeal letter


What is it? This is a letter from an employee against whom a disciplinary sanction has been imposed appealing against the dismissal. If you need help in resolving an employment matter or dispute, please contact our employment solicitors on 01234 938089. We can provide you with advice on a fixed fee basis.




Invitation letter to a performance appraisal


What is it?

An appraisal is a formal process that allows you and a member of staff to assess the staff member’s performance over a period of time eg on a 6 month or 12 month basis. A detailed appraisal has a number of benefits for you and your employees.

Why is it important?

For example, it gives you the opportunity to:

1. review and provide feedback on their performance and set objectives to maximise performance.

2. It also gives the employee the opportunity to comment on their performance, suggest improvements and bring any problems to your attention.

3. It can therefore assist in motivating employees, resolution of problems and the prevention of legal disputes.

Our employment solicitors can provide you with an invitation to attend an appraisal meeting letter tailored to your specific requirements. This letter sets the date for the meeting, who will conduct the meeting and whether the member of staff needs to bring any particular documents or information to the meeting.

Contact our employment law solicitors on 01234 938089.





Managing employee performance

Invitation letter to a disciplinary appeal hearing for misconduct


What is it? Make sure you do things right when you discipline an employee. Our employment solicitors can provide you with a disciplinary hearing letter/notice to be sent to the employee which sets out in clear and simple terms the disciplinary allegations, process to be followed, the employee's rights and potential sanctions. Why is it important? If you are formally disciplining an employee for misconduct, this letter ensures that you are complying with the unfair dismissal laws. It also meets the requirements of the statutory ACAS Code of Practice on Disciplinary and Grievance Procedures. It is always best practice to give the employee a right to appeal any misconduct decision. The letter should tell the employee they must appeal in writing with their grounds of appeal. If you accept an appeal by the employee, you should respond with a letter inviting the employee to an appeal hearing for misconduct. Risks Non-compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will be taken into account by an employment tribunal when deciding whether an employee has been treated fairly and can also result in the tribunal increasing the amount of compensation awarded your employee if the case went to court.




Invitation letter to a Appeal hearing for misconduct


What is it? The right to appeal against the outcome of disciplinary action is an important element of a fair disciplinary process. Where an employee appeals against a disciplinary sanction, the employer should invite them to a disciplinary appeal hearing. Why is it important? The ACAS Code of Practice on Disciplinary and Grievance Procedures states that the employee should be given the right to appeal against any disciplinary sanction or decision.Our employment solicitors can provide you with an invitation letter to an appeal hearing that helps ensure that your processes are watertight. The invitation should include information about the employee's right to be accompanied at the appeal hearing. Risks Non-compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will be taken into account by an employment tribunal when deciding whether an employee has been treated fairly and can also result in the tribunal increasing the amount of compensation awarded if the case went to court.




Disciplinary outcome letter for misconduct - warning or no action


What is it? This is a letter that can be used to inform the employee of the outcome of the disciplinary meeting for example, when the outcome is a warning, dismissal or no further action is to be taken by the employer.




Invitation letter to a performance appeal hearing


What is it? This is a letter that should be used to invite an employee to a performance appeal hearing.




Invitation letter to a performance hearing





Poor performance outcome letter - warning or no action


What is it? This is a letter that can be used to inform the employee of the outcome of the poor performance meeting when the outcome is a warning or no further action is to be taken.




Disciplinary procedure


What is it? A disciplinary procedure is a formal way for an employer to deal with an employee’s unacceptable or improper behaviour (‘misconduct’) or performance (‘capability’). Why is it important? You should put your disciplinary procedure in writing and make it easily available to all staff. IIt should say what performance and behaviour might lead to disciplinary action and what action your employer might take. It should also include the name of someone you can speak to if you do not agree with your employer’s disciplinary decision. Disciplinary steps : Your disciplinary procedure should include the following steps: A letter setting out the issue. A meeting to discuss the issue. A disciplinary decision. A chance to appeal this decision. Risks Before starting a disciplinary procedure against a member of staff , you should first see whether the problem can be resolved in an informal way. This can often be the quickest and easiest solution. If you need help in resolving an employment matter or dispute, please contact our employment solicitors on 01234 938089. We can provide you with advice on a fixed fee basis.




Suspension Letter


What is it? This is a letter that can be used to inform the employee that the employee will be suspended pending investigation of the disciplinary allegations.




Dismissal letter for misconduct


What is it? This Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal on the grounds of misconduct falling short of Gross Misconduct. Why is it important? To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Dismissal letter for poor performance


What is it? This Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal for poor performance. Why is it important? To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Gross misconduct dismissal letter


What is it? This Gross Misconduct Notice of Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal on the ground of gross misconduct. An employee can be dismissed “on the spot” for gross misconduct eg fighting at work. Why is it important? However it is best practice to follow up a gross misconduct “on the spot dismissal” with a letter fully explaining the dismissal and the reasons for the dismissal. Risks To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Dismissal letter for employees without unfair dismissal rights


What is it? This Dismissal Letter should be used to inform the employee of their dismissal when they have under two years’ service with the employer. Why is it important? It is best practice to put an employee on a performance improvement plan(PIP) first before dismissing them irrespective of their length of service. This letter can be used where an employee is dismissed either with or without having been put on a performance improvement plan. In all cases, the employer should adopt a professional and respectful tone when communicating with the soon-to-be dismissed employee. Risks To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.




Appeal letter


What is it? This is a letter from an employee against whom a disciplinary sanction has been imposed appealing against the dismissal. If you need help in resolving an employment matter or dispute, please contact our employment solicitors on 01234 938089. We can provide you with advice on a fixed fee basis.




Invitation letter to a performance appraisal


What is it?

An appraisal is a formal process that allows you and a member of staff to assess the staff member’s performance over a period of time eg on a 6 month or 12 month basis. A detailed appraisal has a number of benefits for you and your employees.

Why is it important?

For example, it gives you the opportunity to:

1. review and provide feedback on their performance and set objectives to maximise performance.

2. It also gives the employee the opportunity to comment on their performance, suggest improvements and bring any problems to your attention.

3. It can therefore assist in motivating employees, resolution of problems and the prevention of legal disputes.

Our employment solicitors can provide you with an invitation to attend an appraisal meeting letter tailored to your specific requirements. This letter sets the date for the meeting, who will conduct the meeting and whether the member of staff needs to bring any particular documents or information to the meeting.

Contact our employment law solicitors on 01234 938089.





 

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Pure Business Law is the trading name for Pure Business Law Ltd-a private limited company registered in England & Wales with company registration number 10405413. Registered office and Principal place of business : Excel House, 3 Duke Street, Bedford. MK40 3HR. VAT number 265 5386 75.

 

 

Pure Business Law is authorised and regulated by the Solicitors Regulation Authority (SRA number 635679)- we are governed by the SRA's  professional rules which may be found at www.rules.sra.org.uk. A list of our directors is available on request.  The term "director" denotes a shareholder or director of the company or an employee or consultant who is a lawyer with equivalent standing and qualifications. Calls may be recorded for security and training purposes.

 

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