Resolving commercial disputes
No business is completely immune from disputes, from employment to commercial property issues. Dealing with them can be challenging, time-consuming and costly. When they occur it’s important to act quickly to preserve relationships and protect your business.
Our commercial team provides practical advice on all disputes including:
Employment Tribunal Claims
When you are focused on running your business the last thing you need is the inconvenience and disruption of having to deal with an Employment Tribunal claim from an existing or former employee.
Our Employment and HR team have the expertise and experience to support you through every part of the Employment Tribunal process, from providing clear and practical advice as to the strength of your defence to assistance in preparing documentation for the trial and representing you at the hearing itself.
We have a proven track record of success representing employers at Tribunal no matter how complex but if circumstances call for it, we are able to negotiate favourable settlements.
Partnerships, board & shareholder disputes
Businesses are rarely a one-person enterprise. They usually rely on different people with different skills to help drive growth and set goals. But sometimes business owners, directors, partners and shareholders don’t see eye to eye. Disagreements over company policies and direction, a lack of role clarity, and even allegations of misconduct or legal wrongdoing can cause problems within the leadership of a company.
Due to the disruption and instability that can be caused by a dispute at a senior level, directors need to act quickly to minimise disruption and protect business assets. Where disputes cannot be resolved it may be necessary to remove a director. If directors are also shareholders, the process can become a little more complicated and we recommend you seek advice as early as possible.
Our team of employment and commercial disputes solicitors can advise you on how to remove a director from the business, resolve shareholder disputes, advise on enforcing a restrictive covenant if needed and putting a settlement agreement in place that allows all parties to move forward.
Grievances & employer disciplinary procedures
A grievance can be any concern, problem or complaint that an employee raises with their employer. Grievances can involve minor issues but can also raise c complex issues relating to discrimination. Grievances can also amount to whistleblowing. Whether the grievance is small or large it is important that it’s dealt with properly and quickly. If a grievance is not resolved it can escalate and lead to ill feeling within a team, a loss of productivity and potential employment tribunal claims.
Alternatively, as an employer there may be occasions when you are required to manage an employee’s poor performance at work, or to deal with issues of misconduct.
For disciplinary or capability procedures to be fair, employers must ensure that all employees understand what standards of behaviour or levels, or performance are required , and the measures will be taken if they don’t fulfil their employer’s expectations.
Our team of HR and employment experts can investigate grievances on your behalf, advise on the best course of action to resolve the issue and if necessary, defend you against subsequent employment tribunal claims which arise. We will always provide advice on the best way for you to respond and resolve the dispute, but also give you a straight answer about your chances of success should your grievance go to Court or a tribunal.
Commercial property disputes
The consequences of a commercial property dispute has the potential to be damaging for both the landlord and the tenant, and often involve particularly complex areas of law.
Whether you are a landlord or a tenant, the key focus should be good communication. Constructive discussions about the situation can be beneficial, not only to resolve the dispute but to keep your relationship with the other party intact.
If a solution cannot be found, it is important to get legal advice as soon as possible.
Our commercial disputes team can help with:
- Resolving and avoiding property disputes, including mediation and arbitration
- Lease renewals
- Repossession of premises and defending claims including forfeiture and trespass
- Understanding and acting on break clauses
- Reviewing and revising property agreements
- Landlord and tenant insolvency events including liquidations, administrations, restructuring plans and company voluntary arrangements
- Dilapidations and repairs
- Breach of covenant
- Rent reviews
- Recovery of rent arrears
- Rights of way
Recover money owed to your business
Being unable to recover money owed to your business could put the future of your business at risk. Our debt recovery team will work on your behalf to recover outstanding debts quickly and cost effectively, and often without the need for formal legal action.
Next steps: get in touch
If you need advice on how to handle a dispute, contact our expert team on 0800 533 5349 or email enquiries@mogersdrewett.com.
Meet the team
Frequently asked questions
Yes. Court proceedings can be brought for the recovery of unpaid rent but it is advisable to speak to a debt-collecting expert initially who may be able to recover the debt without Court proceedings.
A break clause in a lease allows a landlord or tenant to terminate the lease early. A break clause will be important for a tenant, giving them flexibility to move out of a property should they need more or less space.
