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Business or Personal, whatever service you require we pride ourselves on being the most approachable firm in the Yorkshire Region.
Contact usLegal issues can disrupt your everyday life, so what may seem like an impossible situation to you is all in a day's work for us.
Contact usIf you would like advice about your legal matter, we would be pleased to offer you a free, no obligation, half an hour appointment.
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Expert Legal Advice Since The 19th Century
Since 1887, we have been providing West Yorkshire with painless and affordable legal protection for personal, family, and business matters. Over the years, our established team of lawyers have seen and dealt with every circumstance imaginable, creating a truly personal service based on straightforward, practical legal advice and protection.
This is why we're still around after nearly 150 years, and why we are today known as one of the most approachable and successful solicitor practices in Yorkshire. Our clients include a wide range of businesses and individuals, all of whom receive the same individual and economical service that our customers value. Read more...
Buying or selling your home is a big step. Your home is a major asset and so moving can be stressful, time consuming and expensive. However, most importantly, it can be a very exciting time, marking the beginning of a new life chapter.
Eaton's expert conveyance solicitors can help guide you through the buying or selling process. We have helped thousands of people move home, and ensure you complete your transaction quickly and efficiently.
If you are buying your first property or are a property investor, and need advice on sharing ownership or buying a property at auction, Eaton's Conveyancing team will be able to provide you with the assistance you need.
Whether you are buying or selling a property, releasing the equity in your home, or wanting to extend a lease, here at Eaton's, we take pride and pleasure in providing you with full advice and guidance surrounding your property transaction process.
Click the link below to calculate your conveyancing fees:
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When we deal with the sale of your property, our priority is to ensure that the buyers and their solicitors have all the information and co-operation they need to complete the transaction and that you receive the money from the sale as smoothly and swiftly as possible. This is of paramount importance when you are selling a house to enable you to buy another one. There are essentially two stages in the work to complete the sale transaction, leading up to exchange of contracts and leading up to completion.
Once the property has been sold, we will send a contract and copies of the Title to the property to whoever acts for the buyer. We will guide you through the process of completing property information forms and a fixture, fittings and contents form to confirm what you wish to be included in the sale price.
The buyer's representative may raise specific questions for the seller to answer, and we will be more than happy to assist you in answering any areas you are unsure of.
Get a Free No Obligation Conveyancing Quote online here
CLICK HEREBuying a property is not like buying any other asset; it is a large investment so it is important to get it right. Many people such as previous owners, neighbours, local authorities and financial institutions can have rights over it. Our job is to make sure that you become the true owner.
We study the title deeds, ask questions, and make sure that your investment is safe. There are essentially three different stages in the work that we go through to make you a homeowner:
Once you have chosen your desired property, our team will conduct searches against the property so that we can provide you with accurate information about it and the surrounding area. We will also check the Title to the property to make sure if you wish to re-sell in the future, you have a good and marketable Title.
Get a Free No Obligation Conveyancing Quote online here
CLICK HERESelling and buying a house is not like any other purchase; it is a large investment with many factors involved, so it is important to get it right. It's our job to make the process of selling and purchasing your new property as seamless and stress-free as possible.
Once the property has been sold, we will send a contract and copies of the Title to the property to whoever acts for the buyer. We will guide you through the process of completing property information forms and a fixture, fittings and contents form to confirm what you wish to be included in the sale price.
For your new property, we will study the Title deeds, ask questions, and make sure that your investment is safe. There are essentially three different stages in the work that we go through to make you a homeowner:
Our expert solicitors can guide you through the process of remortgage. Once you have received an 'offer in principle', Eatons can step in.
We will ask you for your existing mortgage or loan account details, to which we will then ask your lender for the Title Deeds of your property and a redemption statement for your current mortgage.
A valuation of your home will need to be carried out by your new lender, before making a formal remortgage or loan offer. This will be sent to Eaton's and we will talk you through the lenders requirements.
We will then advise you if you have satisfied the lenders requirements, it is left for you to naturally decide if you are satisfied with the details before signing the official documents. We can then register your remortgage with the Land Registry, and send you copies of the mortgage documentation for your personal filing.
Get a Free No Obligation Conveyancing Quote online here
CLICK HEREWe appreciate that you may wish to enjoy a more comfortable retirement by releasing equity from your home. This releases the equity you have in your property into disposable cash.
By having an equity release, it may allow you to make those home improvements you have always dreamed of, or perhaps you want to help your children more financially. Whatever the reason may be, we have the necessary experience to conduct the legalities involved to make it happen.
The available 'equity' amount is calculated by subtracting the remaining mortgage from the value of your property. The final released lump sum from the value of your property has no tax reductions, and you still remain 100% ownership of the property.
Eatons will provide you with expert legal advice on the options available to you, guiding you every step of the way.
Get a Free No Obligation Conveyancing Quote online here
CLICK HEREMany properties are built and sold on a leasehold basis; this is most commonly the case with flats.
The difference between a leasehold basis opposed to freehold or commonhold, is that you are buying the rights to live in a property for a set agreed time.
Generally, the right to ask for a lease extension starts when you have occupied and owned the property for two years. If you are purchasing a leasehold property, we can advise you on the costs of extension to make sure that you make the right investment. The remaining lease term will be set by the minimum length requirements of the mortgage lender, and this will need to be met before they will willingly lend money on a property.
Get a Free No Obligation Conveyancing Quote online here
CLICK HEREPeople who have been bereaved have enough to think about.
If someone's death has left you with questions about inheritance, Eatons will resolve them sensitively and fairly. When it comes to your own Will, we will make sure the people you care about most do not have your finances to sort out on top of everything else.
Making a Will is essential if you want to avoid 'dying intestate' which effectively means your money, possessions and property will probably be distributed in a way you would not have wished after you die.
Even if you do not consider yourself to be wealthy, a Will makes sure that your 'estate' will be handled by those you nominate but it is vital to keep it up to date in case your situation changes, you get divorced, separate from your partner or have children.
By allowing Eatons to write your Will, you can rest assured it is drafted correctly and avoid misunderstandings and disputes after your death.
We all know that we should make a Will to protect our loved ones but most of us (approximately 60%) have not got round to it. Why not complete our online Will questionnaire and let Eatons do the work.
A Will is one of the most important documents you will ever sign, let Eatons help you get it right.
"Thanks for your efforts with the estate, it is much appreciated. We couldn't have done it without you"
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Sometimes there is a wish or a need to ensure your property and financial affairs can be dealt with on your behalf in the event of physical frailty, or mental incapacity issues, particularly as we grow older.
There are various ways in which Eatons can help you, or a loved one, provide for the future. An example may be where a loved one is ill and no longer able to manage their finances but you are encountering stressful situations due to the Data Protection Act with organisations stating 'we cannot speak to you, we need to speak to the account holder', even where you are just trying to help "keep things ticking over".
Eatons can help by preparing the legal documentation needed to ensure matters proceed smoothly when circumstances become difficult including a General Power of Attorney, Lasting Powers of Attorney and Deputyship Orders.
If you feel that you do not have anyone suitable to act in your best interests, the Partners of Eatons are happy to be appointed as your Attorney to act on your behalf. We can manage your general financial affairs, and if you also work with other professionals such as financial advisors or accountants, we are more than happy to liaise with them also to ensure all your needs are met.
When you need to plan for your future, speak to Eatons.
"Thank you for your help and professionalism over the last couple of years. We didn't know when we started the process of applying for the Deputy Orders especially the Health & Welfare Order if we would be successful. The relative now has the paperwork, experience and knowledge to enable her to make sure she has the best possible life and is treated with respect. Who knows what the future holds but if we need a good solicitor in the future we will come to Eatons."
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At some point when there is a need to gain access to relatives' assets to try to settle any bills, loved ones are often told they will require a 'Grant' to do this.
A Grant is the legal document which provides authority for organisations to accept the signature of the Executor or Administrator to deal with their loved one's financial affairs. There are two types, one being a Grant of Probate where a Will has been left, or a Grant of Letters of Administration where a person died without one (the term Intestate is used in this instance).
Grants are not always required and the general rule is that if an estate has more than £5,000 in it and/or a property, a Grant will be required.Whilst you can deal with some aspects yourself, this can be overwhelming so we are more than happy to deal with all aspects of an estate.
Inheritance Tax becomes payable where an estate is over £325,000 and this then requires dealings with HMRC which many clients find daunting. We can take over this responsibility for you and prepare a full set of Estate Accounts upon completion.
Where there is no Will, a person passes away Intestate. There are strict rules governing the distribution of a person's estate under the Intestacy Laws of England and Wales. We can assist you in working through the deceased's family tree to ensure the correct relatives receive the funds in addition to dealing with the Grant application and/or the estate.
If you feel overwhelmed, let Eatons help you deal with matters.
"Thank you for your professional services and kind assistance in this matter."
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At Eatons we appreciate that buying a property as your home or as an investment property can be one of the biggest and perhaps most stressful activities you undertake.
As a result, our expert team of conveyancers and property professionals do everything they can to make the process as simple and straightforward as possible.
We offer expert advice on all aspects of the legal buying or selling of all types of property including buying or selling a flat or house, buy to let, lease extensions, freehold purchases, transfers of equity and re-mortgages.
We will avoid jargon and advise you at every stage ensuring that you understand the processes involved from when we receive your initial instructions to the final completion. We believe in keeping our clients informed and will keep you up to date with the progress of your work at all times.
When you have to get it right first time, get Eatons.
"You were brilliant. You responded promptly and was the height of efficiency."
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Knowing that you want to lead separate lives is one thing, but knowing how to make it happen is quite another and that is the time to call Eatons.
We have the experience and expertise to bring you through a divorce in a way that is both practical and sensitive, and provide long-term solutions for you and your children.
The area of family law is one of the most sensitive legal fields, most commonly covering divorce, separation and the complex issues that surround them. While divorce itself is a technically simple process, it becomes complicated by the implications of shared finances, property and children. These critical, personal issues are compounded by the intense emotional stress of separation and it is paramount that they reach the swiftest, most clear-cut resolution. As such, our family law experts are highly specialised and trained to deal with the vast array of situations that they are approached with in a compassionate, straightforward way.
When you do not know which way to turn, turn to us - we are all you need to know.
Other categories of family and matrimonial law:
Parents whose relationships have broken down are encouraged to try and agree arrangements for their children's future care between themselves.
The government have produced a "Parenting Plan" which is a available from the Direct Gov. website to help parents agree what arrangements might be suitable for them.
The Child Maintenance Options Website also has a useful guide and information to help separating parents plan future care arrangements.
If you are having difficulty coming to an agreement about child arrangements you could consider attending Mediation.
Mediation is a process of direct negotiation between you and a former partner with the assistance of a trained mediator.
It is now a requirement before you can issue court proceedings (subject to certain exemptions) that you first attend a mediation and information and assessment meeting.
If you are unable to resolve arrangements by agreement you can issue court proceedings.
These are dealt with under the Children Act 1989 and the Children and Families Act 2014.
It is made clear that it is considered that the involvement of both parents in a child's life either directly or indirectly will further the child's welfare provided that can be done in a way which does not place the child at risk of harm.
Further details about children matters can be found in our Step by Step guide to Family Law which is available as a PDF from this website.
Many people, both men and women, find themselves in abusive relationships. If they require protection from the courts they potentially have two courses of action:
1) Involve the Police.
If a prosecution is felt appropriate the assailant may find themselves guilty of a criminal offence which in turn allows the criminal courts to make a Restraining Order in favour of the victim.
2) Alternatively the victim can make an application to the Family Court for protection.
The Family Court can make two orders:
a) Non-Molestation Order
This is an order to prevent further incidents of abuse. The wording can be wide ranging but will usually stipulate the assailant cannot use or threaten violence against the victim, cannot pester harass or intimidate the victim and they are not to contact the victim in any way. Breach of a Non Molestation Order is itself a criminal offence and is punishable by way of prison sentence up to a maximum of 5 years
b) Occupation Order
The Family Court also has the power to order people to leave their own homes and having done so not to return to them. This includes putting an exclusion zone around the property. Most people have the legal right to occupy the property they live in. The criminal courts do not have the jurisdiction to order people to leave their own homes – only Family Courts do. Whilst criminal courts can impose bail conditions whilst cases are ongoing these end once the case has concluded and victims can then find themselves without protection. A Power of Arrest can be attached which means the Police have to arrest someone if they have reasonable grounds for believing the order has been breached.
Public funding from the Legal Aid Agency is available for legal representation to apply for either Non Molestation Order or Occupation Order. Andrew Barker, a solicitor who specialises in family law at Eatons, stated "Although there have been large cuts in public funding for many areas of family law, the Legal Aid Agency have ensured it is still available for the most vulnerable in society namely the victims of domestic abuse. Anyone seeking protection through the Family Court should first obtain legal advice from a solicitor before issuing proceedings to establish if representation is available through public funding"
Dealing with separating your finances after marriage breakdown can be daunting.
It is important before any settlement is reached to make sure both parties have a full picture of what the financial situation is, after all how can you decide how to share the assets if you don't know what they are?
Both of you have an obligation to provide full details of your income, outgoings, savings, investments including pensions and debts to the other party.
This is often referred to as "full and frank disclosure"
"Financial remedy" is the term given to an application to deal with finances after marriage breakdown. It is also sometimes referred to under its old name of "Ancillary Relief"
Each case is different and although there are some situations where simply dividing the assets equally between you is appropriate there are many situations where it is not.
There are many factors which can mean sharing the assets equally is not fair.
This may be e.g. where one party earns a lot more than the other or one party has brought significant capital into the marriage.
As every case is different it is important to make sure you get professional advice before settling your financial arrangements.
Eatons offer a free initial half hour appointment to enable you to get an opinion on your case.
Further details about financial claims can be found in our Step by Step Guide to Family Law available from our website as a PDF.
Getting a divorce is a straightforward process in the majority of cases.
To obtain a divorce you have to have been married for 12 months and prove the marriage has irretrievably broken down by proving one of the following 5 facts:
1) Unreasonable Behaviour
2) Adultery
3) Desertion for two years
4) Two years separation where the other party consents to the divorce
5) Five years separation
A divorce petition is completed with details of the marriage, parties and what fact is being relied on to obtain the divorce.
The papers are issued through court that posts them out to the other party to acknowledge.
Once an acknowledgement is filed an application can be made for Decree Nisi.
Six weeks and a day after Decree Nisi an application can be made for a Decree Absolute which finally dissolves the marriage.
The whole process usually takes around 4 to 6 months to complete.
More detailed information about divorce is contained in the Step-by-Step guide to Family Law available as a PDF on this website.
"I'm so happy with the outcome of court. Thank you."
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Over the years, Eatons Solicitors have won millions of pounds in compensation for thousands of clients including life changing very high value injuries and those from which a full recovery is made.
If you have been injured in an accident, no matter how minor, and it was not your fault then you should consider making a claim for compensation. A specialist solicitor here at Eatons will consult with you, investigate and advise you on the merits and prospects of your claims success before taking it forward.
Our lawyers have over 100 years cumulative experience in dealing with all aspects of personal injury and accident claims. We will carry out a free assessment of your claim either at one of our offices or at your home, and will deal with your claim on a 'No Win, No Fee' basis.
Our agreements are in plain English.
Eatons are a Member of The Association of Personal Injury Lawyers.
Eatons are able to assist with all areas of personal injury including the following:
Please click on the below links for further information on each area.
Keep it local, keep it simple - keep it Eatons.
Medical and clinical negligence claims can involve any type of medical professionals including doctors, dentists, surgeons, opticians and nurses and hospitals and Dispensing Chemists.
Unfortunately, there are times when things go wrong for people whilst they are receiving medical treatment. Illness and injury can be misdiagnosed or even missed altogether. Dental treatment can go awry and healthy teeth can be damaged or removed. The prescription written by your doctor may not be the medication that is dispensed to you and the medication that is given by mistake may cause you harm. When this happens Eatons can help you deal with a claim if the medical team or institution has acted negligently towards you.
Cases are handled on a "no win no fee" agreement.
People can suffer very serous injuries that impact their lives significantly following an accident or from medical negligence. Here at Eatons, we can help you obtain compensation for the injured party to help them and their family in the future. In addition to fighting for compensation for your injuries, we will also ensure that you obtain the necessary rehabilitation for your injuries together with recovery of any additional losses you have suffered.
We will also fight for interim payments from the Defendant to assist the injured party with rehabilitation costs and to help with the purchase of equipment or home adaptations aids or equipment required as a result of the injury.
Cases are usually handled on a "no win no fee" basis.
When a fatal accident happens due to the negligence of a third party, then the family members of the deceased who are financially dependent on them are able to make a claim for the loss of financial support following the death of their family member.
This is a very sensitive and complex area and here at Eatons we have specialised staff in these areas with the knowledge and experience to assist those in need.
Here at Eatons we have acted for families who have suffered losses or injuries due to poor medical treatment during childbirth including mismanagement labours and avoidable complications.
If you are involved in a road traffic accident and it was someone else's fault then you could make a claim for compensation.
Accidents in the workplace happen and it is the law that all employers must have an insurance policy in place to cover this eventuality. No one goes to work to get injured so it is a dark day for you and your family if you are not getting home from work because your accident has taken you off to hospital. Eatons can bring you back into the light and work to restore your health and your wealth.
When an accident happens at work the rules that impose obligations on the employer will usually help us to establish fault and recover the compensation you should be entitled to receive often paid through the insurance taken out by the employer. We will also advise you as to the statutory industrial injury benefits that may be available.
Here at Eatons, we can assess your potential claim and advise whether or not you are in fact entitled to compensation.
If you have an accident when out in public, there will be someone who was responsible for your safety in that area. That person could include the owner of a shop, restaurant or supermarket, or the local council if you're on the street or in a park. These occupiers have a legal duty to minimise and avoid where possible any the risk of an injury on their premises. If they failed to do this, then you may be able to make.
People often suffer an illness or are injured in an accident abroad.
If you or a family member has suffered from an accident or suffered an illness abroad, our specialist department here at Eatons will be able to advise you whether or not you have a case, and will offer you guidance through every stage of making a claim.
You may feel that making a claim about an incident that happened abroad is too difficult and complicated however that is not necessarily the case.
From illnesses of food poisoning to serious injuries such as spinal damage, if it was not your fault then you should consider making a claim for compensation.
Here at Eatons we can deal with your claim whether it is for an illness caused by food poisoning or an injury suffered in the water, on an excursion, in the hotel and/or resort.
We can provide advice on package holidays that are covered under Package Tour Regulations.
Highly experienced in all occupational diseases, our team has a proven track record in achieving a successful settlement.
Our team of Solicitors pride ourselves in looking after clients and providing an outstanding legal service and guidance through every stage of a claim.
Employers have a legal duty to protect their employees and Eatons have experience from those suffering from occupational diseases from a wide range of occupations and industries. Occupational disease claims can be made in respect of diseases and conditions sustained in the workplace caused over a period of time through exposure to harmful materials, unsafe work practices and environments.
These include:
Regardless of the rarity of your illness, injury or condition our team will be able to advise and guide you through the legal process.
Helping you obtain access to justice
"You cannot improve your service to me as I found you excellent in every way possible."
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For an employee, employment law can be a confusing and daunting area.
Here at Eatons we can provide practical advice and assistance on your employment rights in the workplace. Our expert staff can provide timely and cost-effective advice to assist you. Our expert staff are always on top of the changing legal landscape around employment law and can therefore provide up to date and cost-effective advice on the law.
We can assist you on all aspects of employment law including:
From answering a simple query to representing you at an Employment Tribunal, Eatons' team of experts can help.
Eatons – the safe side of Employment Law.
A person's employment contract sets out all of the specific terms and conditions between the parties and is therefore the foundation of any working relationship. For this reason, it must be fully understood by all parties before it is entered into.
An employment contract can be a daunting document to absorb. Eatons have great experience in drafting employment contracts and as such, we can provide advice on the document itself and any implications of signing it.
Call our Employment Team today.
Restrictive covenants often exist within the employment contract or as an addendum (addition) or annex to the contract. Many people will not realise that their employment contract includes such onerous provisions and this means that they will not realise that they are subject to restrictions on their trade upon the termination of their employment.
A restrictive covenant is a restriction placed on a person to limit their activities when leaving the company in relation to competitors, clients or third parties. These restrictions may however only be enforced if they are a "genuine attempt" to protect the former employer's business within its industry and they must be very specific to that person's role.
It is too late to only consider these conditions when the decision is made by an employee to exit a business. You must seek legal advice on these clauses before signing the contract of employment. Eatons can provide valuable assistance on the interpretation of a restrictive covenant clause.
Call our Employment Team today.
Eatons have a wide range of experience in acting for Senior Executives and Directors including providing advice on Disciplinary and Grievance procedures, restrictive covenant documents, garden leave, Settlement Agreements, termination and severance packages, Consultancy Agreements and Shareholder Agreements.
Call our Employment Team today.
If you believe that you have been the subject of discrimination in the workplace then Eatons can help.
Discrimination is, in simple terms, the unequal treatment of an employee or a group of employees who qualify as a "protected person" under the Equality Act. There are various forms which Discrimination can take including direct and indirect discrimination, victimisation, harassment and failure to make reasonable adjustments for those with a disability.
A claim can be made for discrimination in relation to the following "characteristics": age, gender, race, sexual orientation, marital status, pregnancy/maternity, gender re assigned, religious beliefs and a disability.
If you believe that you have been subject of discrimination then call our Employment Team today.
It is often the case that a company will have an internal disciplinary and grievance procedure that must be followed before further action can be commenced. These procedures will often seem confusing to employees.
If you are experiencing a dispute or problem at work you may find yourself faced with a disciplinary hearing. Eatons can review the allegations and evidence being put to you and we can help you formulate and document a response to the allegations. Eatons can also advise you on any potential outcomes and your options at all times.
Should you find yourself unhappy for issues at work or decisions being made that impact our employment then Eatons can also assist with the drafting of a grievance letter. This is a crucial part of reaching a solution for issues that you are unhappy with at work. We can assist with the actual drafting of the grievance but we can guide you through the process to try and achieve your desired outcome.
Call our Employment Team today.
Eatons can provide advice on whether or not you have a claim for unfair dismissal. If you have been dismissed by your employer without a valid reason or if your employer has failed to use a fair procedure then you may be able to pursue a claim for unfair dismissal in the Employment Tribunal.
In very general terms, the employee must have been employed by their employer for a period of 2 years to bring a claim for unfair dismissal. Once a claim is brought, the employer must be able to show that the grounds for the dismissal falls within five categories; Redundancy, conduct, capability, breach of contract or some other substantive reason (SOSR).
It is vital to document and record all details when faced with a dismissal as the procedures followed and/or communications entered into go to proving the unfairness of a decision. When assessing the fairness of a procedure, the Tribunal will consider whether or not the employer followed the ACAS Code of Practice. If not, this could influence a Tribunal's view on the fairness of the dismissal.
If you believe you have an unfair dismissal claim, call our Employment Team today.
Constructive dismissal claims arise from a situation where the employee is "forced" out of their employment. This can be because the employer has constructed an environment or role which makes the employee's job no longer tenable.
When seeking to claim constructive dismissal, an employee should resign from their role in response to a fundamental breach of their contract of employment. A fundamental breach is an action taken (or not taken) by the employer that is so severe that it has effectively, destroyed the relationship between the employer and the employee. It is not sufficient that your employer has acted 'unreasonably'. We would strongly recommend that you seek legal advice before reaching this stage.
At the outset of any claim for constructive dismissal, it is important to establish whether two tests can be satisfied. The first test is that the employee must have been continuously employed for a period of 2 years prior to the date of their resignation and the second test is that the employee has resigned soon in response to the 'fundamental' breach of the contract of employment by the employer.
If you believe you have a constructive dismissal claim, call our Employment Team today.
The first step in bringing a claim in the Employment Tribunal is to engage in the Early Conciliation Process which is administered by ACAS. This process involves ACAS contacting both parties and they will attempt to find a resolution acceptable by both sides.
If ACAS are unable to settle the matter during the early conciliation procedure the claimant will be issued with an early conciliation certificate which allows the claimant to then issue the unfair dismissal claim in the Employment Tribunal.
Both the ACAS Early Conciliation stage and all subsequent court proceedings are subject to very strict time deadlines and therefore we advice that contact is made with our office urgently to ascertain the timescales applicable to your claim.
The purpose of a Settlement Agreement (formerly known as a Compromise Agreement) is to set out the agreed terms for the termination of the employees' employment. This allows both parties a "clean break". For this reason, it is extremely important (and a legal requirement) that all employees seek independent advice on any settlement agreement before signing it.
Eatons Employment Team can provide advice from experienced specialists in this area. They give clear and thorough advice to clients to ensure that they are in receipt of all the information available before making their decision.
Often Settlement Agreements are given with a deadline for returning and Eatons will always try and accommodate any such deadlines.
Call our Employment Team today.
Sometimes a company closes or it needs to restructure its staff which can lead to the company having to make redundancies. When this situation arises, the employer should follow a fair and reasonable process and should consult with all effected employees appropriately.
Providing an employee has been employed continuously for over two years, they may be entitled to a redundancy payment.
The process that an employer must follow depends on the number of employees who are at risk of redundancy. Many employers get this stage of the process wrong and by doing so, it may mean that an employee is unfairly chosen and thereby giving rise to a claim for unfair dismissal (subject to their length of service and circumstances).
Should the employer fail to consult correctly, select an unfair "pool" of staff or place someone at risk whose job continues to exist, then they may be exposing the company to a claim for unfair dismissal.
The effect of the TUPE regulations means that employees' terms and conditions are preserved when a business or undertaking or part of one is transferred to a new employer. Similarly where activity is ceased to be carried out by one person or organisation and undertaken by another (known as a Service Provision Change), TUPE is likely to take effect protecting the employment rights of the employees affected by the transfer.
If you feel you have been dismissed unfairly as part of a redundancy process or that your employer has not complied with the TUPE Regulations then call our Employment Team today.
"Thanks for an excellent result at the court this morning."
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Whatever the reason for your dispute you do not have to go through this alone.
Having Eatons alongside you can make it a lot less daunting. We will advise you, support you and represent you with all the skills at our disposal throughout the process.
Eatons supply a reliable consultation when seeking legal advice and representation for your dispute whether or not the claim is brought against individuals, businesses or non-profit organisations.
Our experts will discuss your problems with you and will advise you as to the appropriate method of resolving your dispute. This can include the use of the court process but also alternative methods such as mediation. The use of mediation can result in a settlement without going through the formal route of court proceedings and may be beneficial from both a financial and personal perspective.
Eatons - supporting you throughout.
"Your excellent advice helped me out of a difficult situation."
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Unfortunately some disputes cannot be resolved amicably and this may result in an appearance in a court or a tribunal.
Whether the dispute is with your employer, business colleague or the authorities Eatons will ensure that as an individual you are properly represented.
Our team has experience in representing clients in a variety of Courts and Tribunals including County Courts, Family Proceedings Courts and Employment Tribunals. We can provide assistance in many areas including property disputes, debts, contract disagreements, corporate matters, commercial disputes, personal injury claims, litigation employment issues and family issues.
Whether your case will be heard in a County Court or a Tribunal we will be there every step of the way to ensure you are properly represented at all times.
Eatons - Get the law on your side.
"... Highly recommended. Thank you."
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