Alison Fielden & Co. - Litigation & Employment Department
As a private individual or a business (as individuals or through a company), you may unfortunately find yourself involved in litigation, either through having to take legal proceedings against another or having legal proceedings brought against you. Most litigation centres upon money, one party generally claiming that he/she is owed money by the other or has suffered financially due to the actions of another. There can however be many other circumstances that result in litigation. If you believe that you have reason to commence legal proceedings against another, or you have had legal proceedings commenced against you, please contact us for assistance. We will discuss the matter with you in detail and give you realistic and sensible advice as to the way forward.
With respect to litigation, we can assist with the following:
- Discussing the issue and ascertaining the strengths and weaknesses of your position;
- If you wish to proceed with a claim against another, issuing proceedings in the Court;
- Attempting negotiation to settle a matter, avoiding Court proceedings or bringing such proceedings to an early end;
- Acting for you in defending proceedings brought against you; and
- Any other issue involving litigation.
If you are business owner, one of the most common problems you may face is simply getting your bills paid! We can assist you with this common problem at minimal cost. Often it is simply the arrival of a solicitors' letter making formal demand of payment that will get your invoices paid. Please speak to us if you need assistance getting your invoices paid.
As an employee, you may find yourself in dispute with your employer. Likewise, as an employer you may find yourself in dispute with an employee. Regardless of what side you are on, we can assist. Often issues between employees and employer can be resolved in straightforward manner, ending the employee/employer relationship, if necessary. Where disputes between an employee and employer cannot be resolved at an early stage, it may be necessary to bring the matter before the Employment Tribunal, the Court which resolves such matters.
Settlement Agreement: the most common reason for the involvement of a solicitor in an employment matter is the ending of employment. It may be that you, as the employer, need to make redundancies or that you, as the employee, is being made redundant. Alternatively, a dispute between employer and employee may be resolved by the employer and employee parting company. Whatever the cause of the end of the employer/employee relationship, it is often formally ended by what is termed a "Settlement Agreement". This is an agreement which severs, for the most part, the employer/employee relationship. Under such an agreement, the employee is giving something "extra", usually money, beyond what he/she is entitled to, in return for giving up almost all of his/her rights in respect of his/her employment. An employee who signs a Settlement Agreement must have legal advice regarding the implications of such an agreement.
In respect of employment matters, we can assist with the following:
- Advising upon potential claims against an employer;
- Issuing and conducting claims in the Employment Tribunal;
- Preparation of Settlement Agreements;
- Legal advice to employees in respect of Settlement Agreements;
- Preparation of contracts of employment;
- Redundancies; and
- All other employment issues