Wednesday, 30 March 2016

A company has the right to take action against a misbehaving employee



A company runs on the wheels of discipline, rules and regulations. Everyone in a company, whether, it is the employer or an employee, has to follow a certain code of conduct. While normally, most of the employees are well behaved, some have a propensity for using aggressive behavior against others. The main aspect of having employment law is to ensure that every employee is working in a safe environment, state CurryPopeck,solicitors in Harrow. If you are an employee or an employer, you have to obey the employment law within your area. If an employee fails to act appropriately and behaves in an undesirable manner then the employer has the right to take action against that employee as per the UK’s employment laws, as happened in this case in which a company sacked an employee involved in a fracas:

The case involved two employees who attended a corporate social event and were told that they would need to maintain good behaviour throughout the event. However, they began drinking and started showing inappropriate behaviour. The two got involved in a fight, which soon took an ugly turn, resulting in one of them punching the other in the face.

The employee who was punched in the face, later sent text messages to his attacker, threatening to take revenge. However, he did not carry out the threat.

The company held disciplinary proceedings against both employees. The attacker was sacked but the one who merely threatened was given a final written warning.

The Employment Tribunal held that the dismissal of the attacker was unfair stating that there had been inconsistency in the way the two men were treated.

That decision was later overturned by the Employment Appeal Tribunal, which held that the law recognised that there may be a range of reasonable ways in which an employer may react to circumstances that give rise to dismissal of an employee.

According to Curry Popeck solicitors in Harrow, the employer’s treatment of the case fell within the band of reasonable responses as the actual punch in the face was different to a mere threat that was never carried out.

Employment law is a rapidly changing area requiring expert knowledge and advice. The team of expert Employment Solicitors at Curry Popeck specialises in all aspects of employment law and strives to help employers, business organisations and employees in all matters pertaining to employment law. 

For bespoke advice on any employment law issue please, contact CurryPopeck, one of the most experienced Harrow law firms in Middlesex. Their professional solicitors have more than 250 years’ experience of delivering clear legal and commercial advice to clients in different areas of law includingCorporate Law, Employment Law, Family Law, Dispute Resolution, Property Law and Sports and Entertainment Law, which has made Curry Popeck one of the most reputed and experienced 

To schedule an appointment, visit their website-http://www.currypopeck.com/or simply call them at-020 8907 2000.

Company wins appeal over non-payment of invoices by a major client

In an ideal world, collecting invoice payments from clients should be a simple and streamlined process, especially if you already have an agreement in place.

Unfortunately, in some cases, it never happens that way. No matter how professionally your invoicing process is carried out, it is always up to the client to pay, and this doesn't always happen on time or as planned.

It is very easy to become frustrated, when it appears that you won't be able to get paid for your hard work. If you are dealing with a customerwho is refusing or is unable to pay you as per the agreement, you can consider consulting a solicitor. There are laws to protect your rights; you just need to find a law firm like CurryPopeck, one of the leading law firms in Harrow, who specialize in litigation and dispute resolution.
The following is an example of a company that won its appeal against the non-payment of invoices by a major client.

The company was hired by the client to provide trainingto small and medium-sized enterprises.The service agreement documents stated that payment would only be made if the training provider produced evidence of the training given and resulting actions taken by the SMEs.
As per the condition in the agreement, the training provider company was required to submit registration forms, a workshop attendance register, meeting notes, proof of workshop activity, course handouts, and “any other notes or documents that give details of the content of the workshop”.
In an email between the provider and the client, the provider suggested that it could provide workshop slides as evidence of the workshop content.

After the courses were over, the provider sent invoices for approximately £33,400, along with copies of attendance registers, course agenda, meeting notes, action plans completed by the SMEs at the workshops and environmental policies.

The client, however, refused to pay the invoices stating that the provider had failed to include a copy of the workshop slides.

The County Court judge ruled in favour of the client after accepting that the provider was required to produce the slides as evidence of the workshop content.

The Court of Appeal overturned the decision by saying that what the client really needed to know was the plan of action proposed at the workshop, and the arrangements that were made to pursue that action plan.
The materials supplied by the training provider included everything that indicated their plan of action and the arrangements made; slides would have hardly made a difference, moreover, there was no contractual obligation to provide the slides, so even if the training provider did provide the slides, he was not legally bound to do so, assert the experienced London solicitors, Curry Popeck.

The parties had intended for their agreement to be governed by the draft service agreement, not by additional matters incidentally mentioned in discussions or emails, before the contract was concluded.

It is very important to be clear and precise in contracts and in discussions.  Please contact CurryPopeck solicitors in Harrow if you would like advice about any aspect of contract law. To schedule an appointment or to discuss your problems or concerns, visit their website-http://www.currypopeck.com/

Curry Popeck solicitors specialise in Corporate Law, Family Law, Employment Law, Dispute Resolution, Property Law and Sports and Entertainment Law. Their team of highly experienced solicitors, led by Philip Popeck and Lionel Curry provides tailored solutions on all the above legal issues and will be very happy to help.

When Can Someone With Power Of Attorney Be Compensated – Curry Popeck Solicitors

People commonly appoint a family member as their attorney to manage their affairs, if they are not capable of doing so. A power of attorney is prepared that governs what an attorney is allowed to do and whether they are allowed to charge for their services. According to CurryPopeck Solicitors, unless the power of attorney documents say that the attorney is not allowed to receive compensation, they can pay themselves. But, the amount has to be reasonable.
Recently, the court had to deal with one such a case, where a couple, who developed Alzheimer’s disease, had appointed their three children as their attorneys under an enduring power of attorney (EPA). They then revoked the power of attorney with regard to one of their daughters, who had health issues.
A monthly allowance of £150 was paid to each of the three children from their parents' income of about £29,000 a year. The sums were claimed on account of covering travel expenses so that the children could all visit their parents. In addition, transfers in the sum of £6,000 per year were made into a deposit account in each of the attorneys' names, as a reserve for care fees.
Following a family dispute, the Office of the Public Guardian was informed that the attorneys were exploiting the situation to try to enrich themselves and an investigation ensued. The father has since died.
The investigation led to a court hearing in which the judge ruled that:
(a) The services provided by the attorneys were reasonably required to meet the parents' care needs.
(b) The investigation found the payment to be affordable and sustainable;
(c) The payments charged were very less compared to the commercial cost of providing those services; and
(d) Since, no provision was made by the donors in their EPAs regarding the remuneration of attorneys and rewarding them for providing care support services, those payments struck a reasonable balance between ensuring that the attorneys were not financially disadvantaged by acting as their parents' attorneys and that they were not actually making a profit from their position.
Curry Popeck summarized by saying that an attorney is entitled to compensation, subject to the terms of the Power of Attorney. But, an attorney who charges for his services is held to a higher standard of care than an attorney acting without compensation. While, an unpaid attorney is required to “exercise the degree of care, diligence and skill that a person of ordinary prudence would exercise in the conduct of his or her own affairs” the paid attorney is required to “exercise the degree of care, diligence and skill that a person in the business of managing the property of others is required to exercise.”
If you have any questions or concerns regarding the issues raised in this post, or wish to contact Curry Popeck Solicitors please visit- http://www.currypopeck.com/.
Curry Popeck solicitors specialize in Corporate Law, Family Law, Employment Law, Dispute Resolution, Property Law and Sports and Entertainment Law. Their team of highly experienced solicitors, led by Philip Popeck and Lionel Curry provides tailored solutions on all the above legal issues and will be very happy to help.

Thursday, 24 March 2016

Dispute Resolution- Read Your Contracts Carefully! – Curry Popeck Solicitors

The English courts are bustling with foreign litigants! There are many who want to have their cases heard in the English courts because English law is very well developed and most of the time the courts are able to achieve a high degree of fairness in their rulings.
However, before you head off to the English courts to have your case heard, it is important to read the contract carefully. According to Curry Popeck Solicitors, sometimes, the contracts mention the country where disputes can be resolved and that is an important deciding factor. This will become clear from this case involving a claim for financial losses.
An investor had launched proceedings against a Monaco based b

ank. She claimed to have suffered huge financial losses because of the bank placing unauthorized foreign currency. Her contract with the bank included a clause which stated that the cases will be heard in Monegasque courts in the case of any disputes arising.
The investor also launched proceedings against two English companies that were part of the same group as the bank. The investor’s lawyers submitted that, the cases should be heard in English courts only because if the case were heard in Monaco, there would be a danger of inconsistent judgments.
After carefully going through the contract documents and examining the facts, the judge found that it was clearly appropriate that her case should be heard in Monaco. She had accepted that clause when she signed the contract with the bank and her desire to have her case heard by an English judge could be given little weight. The Court of Appeal thus dismissed her appeal. In so doing, the judge had not just considered her contract with the bank, but other factors were taken into consideration too.
When entering into a contract, it is important to confirm what has been agreed to, because in the case of any dispute arising, the clauses included in the contract are always considered, so be sure to go through the contract carefully before signing it, even better have it checked by a legal expert who will understand it better.
One might prefer to have English law apply should a dispute arise. If this is not possible, it is doubly important to take specialist advice, as the law can vary a great deal, even within the European Union, suggest CurryPopeck.
Please contact CurryPopeck Solicitors if you would like more information about the issues raised in this article. Curry Popeck Solicitors specialize in Corporate Law, Family Law, Employment Law, Dispute Resolution, Property Law and Sports and Entertainment Law. Their team of highly experienced solicitors, led by Philip Popeck and Lionel Curry provides tailored solutions on all the above legal issues and will be very happy to help.
To contact them, visit- http://www.currypopeck.com/