IWG Testimonials

We are really excited this is the first time we are experiencing such an adventure. It wouldn’t have happened without you.

Thanks a lot !!!

Client advised by Paul Sheeter

A note of thanks for your recent communication via my colleague Paul.

I appreciate your support in this matter, thank you.

Excellent service and valuable comfort provided throughout the process.

Client advised by Michael Clinch, Will Searle and Hope Rhule

“to express our appreciation for Oliver’s  hard work and commitment, at very short notice, way beyond the call of regular duty, on Wednesday, to secure the exchange of contracts

Oliver was as always consistently courteous and careful in making sure that he was giving us excellent advice and  carrying out our instructions

Thank you Oliver”

Client advised by Oliver Grisenthwaite

Thank you so much for handling this transaction so well and I am pleased that all went smoothly and hick-up free. I am sure we will speak again when our next property issue comes up.

Client advised by Maria Guida

Thanks Paul much appreciate your support during this process.

Client advised by Paul Sheeter

It has been a pleasure working with your team. They are all very nice. 

Client advised by Destiny Dixon and Paul Gorman

Dealing with employee grievances can sometimes seem like a thankless drain on a business’s management and resources. But a prompt investigation could uncover inappropriate behaviour or poor management that needs to be nipped in the bud, avoiding bigger problems down the line and reputational risk for the organisation.

Employers must comply with the Acas Code of Practice on Disciplinary and Grievance Procedures (the Code), which sets out the basic steps and principles for dealing with a grievance.

‘While this encourages employers to ‘have a quiet word’, investing time and resources in dealing with a grievance can pay off in the longer term,’ explains Elizabeth Bartle a partner in the employment team with Ingram Winter Green Solicitors. ‘An informal approach could backfire as the employee may feel their concerns have not been taken seriously and this in itself could be an act of discrimination.’

Elizabeth sets out why employers should take grievances seriously from the outset and how to take a proportionate approach, as well as highlighting the legal protection given to some employees who raise a grievance.

When is a grumble a grievance?

If an employee raises a grievance, the employer should not dismiss it just because it may seem petty or insignificant. Generally, any grumble raised as a grievance should be treated as a grievance. In rare cases, it may be legitimate to not look into a grievance if it is vexatious or in bad faith, but please speak to us first. If the grievance seems like a minor grumble that could be resolved informally, employers should try this first.

Care should be taken if the allegation is potentially serious, for example sexual harassment. How the employee perceives the behaviour is an important factor in considering if conduct is harassment or not. Just because it appears to the employer to be a ‘bit of harmless fun’ does not mean a tribunal will agree. Employers should err on the side of caution by looking into the grievance and hearing from the employee how they have been affected. Care should also be taken if the employee is raising an issue that could give them protection as a whistle-blower. We can advise you on how to respond.

In some circumstances, if an employee keeps grumbling about an issue, it can be sensible to suggest the employee brings a formal grievance or that they drop it. In rare circumstances, instigating the grievance procedure on the employee’s behalf can help close down an issue. Once the grievance procedure has been exhausted, it will usually be reasonable to tell the employee that the issue is closed.

If an employee raises a complaint about an ongoing disciplinary procedure against them, in many cases you will not need to open up a fresh grievance process. We can advise you on whether the complaint can be safely fed into the disciplinary procedure.

What are the risks of not looking into a grievance?

Employees have a right to redress of a work-place grievance. If the grievance is ignored or only considered very superficially, this can give the employee the option to resign and claim constructive unfair dismissal. In most cases, the employee needs two years’ service for this. However, depending on the background, employees may also be able to argue that the failure to deal with a grievance properly is discriminatory or is a detriment for blowing the whistle, in which case the employee would not need to have two years’ service to bring an unfair dismissal claim.

Employers who do not follow the steps and principles set out in the Acas Code, risk the tribunal increasing the employee’s award by up to 25 per cent. This applies to claims such as discrimination, disputes over pay and detriment as a whistle-blower.

Do we have to investigate?

Most grievances need at least a brief investigation. Unless you carry out a reasonable investigation, the employee can argue that they were not given a reasonable chance for redress of their grievance. This could lead to a constructive dismissal claim.

How far do we have to investigate?

This will always be a balancing act. On the one hand, employers should deal with grievances promptly to comply with the Code and to ensure the fair treatment of the complainant and any employees named in the grievance. On the other hand, the investigation needs to be thorough enough so that the manager deciding on the grievance can reach a reasoned view.

A desk-top investigation may be sufficient, for example into a pay error. In dealing with more complex allegations, such as of bullying and harassment, a reasonable investigation is likely to involve interviewing individuals.

What can we do if the grievance is unfounded?

Grievances can be very damaging to working relationships. If the employer dismisses the grievance, the employer should pause for thought before dismissing an employee due the breakdown in relationships caused by the grievance. If the employee alleged discrimination, they will be protected from victimisation including dismissal because they raised a grievance. Sometimes it will be possible to fairly dismiss in these circumstances, but please speak to us first to help you navigate your way through this. Similarly, employers can take action if grievances have been brought in bad faith or are vexatious. Again, this needs careful consideration.

How we can help

Employee grievances will crop up from time to time, and handling them effectively can really pay off. Dealing with these carefully, and the fall-out from grievances, can require careful management.

Sometimes employees bring a grievance to use as leverage in negotiations for an exit payment. Promptly and effectively dealing with the grievance can strengthen the employer’s bargaining position.

We are highly experienced in these areas and can support you in managing the risks. For further information, please contact Elizabeth Bartle in the employment team on 020 7845 7400 or email elizabethbartle@iwg.co.uk.   Ingram Winter Green has offices in London.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

An employer’s guide to taking grievances seriously

Thank you so much for being super quick on this and on getting the exchange over the line.  You have been very approachable throughout which is much appreciated.

Client advised by Maria Guida

Thank you so much for the support, and for tolerating all our nagging and questions .

Client advised by Paul Sheeter

INCREDIBLE! …. Paul – you outdid yourself here! thank you so very much

Client advised by Paul Sheeter

Thanks everyone for all your efforts. Great job really appreciated.

Client advised by Paul Gorman

As a supplier you rely on the contractual relationships with your customers for many reasons.  As well as helping to forecast the income stream for your business, you need to be able to ensure that you can plan how much stock and materials you require to fulfil your contractual obligations, and how many staff you need to deliver services and production.

‘A customer might want to terminate a supply contract for any number of reasons, but normally you would expect there to be some notification and discussion before coming to a mutually satisfactory arrangement, especially if there is to be a deviation from the terms of the contract,’ says Divyesh Popat, dispute resolution partner with Ingram Winter Green Solicitors in London.

But what can you do if a customer decides to terminate their contract without your agreement? This can have a devastating effect on your cash flow, your profits and potentially the viability of your business.

Divyesh looks at what you can do if your contract has been unlawfully terminated, and whether you can claim damages for your loss as a result of the termination.

There are two standard methods of termination of a contract: by following a contractual termination clause; or by using common law termination practice.

• Contractual termination – a well-drafted supply contract will have a clause that deals with termination and your customer should follow these agreed terms. For example, if your contract says that a termination notice can only be given after you have had chance to resolve a breach, then you must be given the opportunity to resolve it.
• Common law termination – if there is no clear termination clause in your supply contract, then termination must follow common law principles which are less clear and more open to argument.

Under common law your customer can terminate if there has been a ‘repudiation of contract’, but they must prove that a repudiatory breach (i.e., a serious breach) has occurred, for example:

• if one party makes it impossible to carry out the contract so that the essential terms of the contract cannot be complied with; or
• if one party refuses to perform its obligations under the contract; or
• if a significant condition of the contract is breached – for example, if the quality of the supply is not up to the required standard and cannot be used; or
• breach of an ‘intermediate’ condition has occurred, where a breach of one of the conditions of a contract is so serious that it actually removes the benefit of the whole of the contract for the other party.

Whether there is a contract or not, either party can rely on one of the common law reasons for terminating a contract.

Can a customer terminate by giving notice, even if there is no breach of contract?

Some contracts may give either party the right to terminate a contract for no reason, as long as they give sufficient notice. If a contract is short term or low value, this notice period may be short. For higher value and more involved contracts, longer notice is usually agreed and there may be a minimum period agreed before any notice can be given.

If there is no such notice allowed for in a contract, then there must be a reason for termination.

What are your remedies if notice is not properly served?

Whatever the reason for termination, proper notice should be given to you or the termination can be invalid. A contractual term may provide a specific method and time period for the notice to be given.

If the contract is silent on the subject of termination notice periods, what is ‘reasonable’ notice will depend on the type of arrangement you have with your customer (including complexity, length of contract, damage to jobs etc). It must be very clear that this is a termination notice.

Grounds for lawful termination of a contract

If there is no right to terminate in a contract simply on notice, then your customer will need to provide sufficient grounds to show that the contract can be lawfully terminated.

If you have a contract that sets out what is to be considered a breach that justifies a termination, then they must be able to prove that your actions or inactions constitute a breach of contract.

Has the customer reported the breach promptly?

A customer should provide you with timely notice of their requirement to terminate for a breach. Depending on the terms of your contract, it may be that you should have been given a chance to rectify the breach before notice is served.

If a serious breach has occurred, but your customer has appeared to accept that breach by continuing to deal with you for a period of time, they may lose their rights to terminate the contract.

What do you need to prove your contract has been unlawfully terminated or notice not provided correctly?

This will depend on the type of contract, and the reasons given for termination (if any). When you know what has been alleged against you, gather all the paperwork you can find. For example:

• any notices of termination which you have received;
• record the time when you were notified of the breach and when notice was served;
• collect emails and all relevant documentation to show that you have not caused the breach;
• gather evidence if you think you have already remedied a breach; and
• keep contemporaneous notes of calls, if possible.

All this will help our solicitors to establish if the termination notice has been validly completed and served.

What remedies are available?

You may be able to claim damages against your customer for reasonable losses that you have incurred as a result of an unlawful termination. This can be resolved through negotiation, or some form of alternative resolution (such as arbitration), or by a court looking at the evidence and granting an order. You can explore the best options with your solicitor.

How to assess the damage to be claimed

We will consider the overall gain that you should have, or could have, made from this contract had it not been terminated unlawfully, including possible loss of profit, as well as more obvious losses incurred such as unsold stock.

Factors to take into account in assessing damage can include the investment you made in order to meet the contract. For example, payment for materials in advance, specialist equipment, extra staff costs or premises.

This is likely to be reduced by:

• an obligation to mitigate your losses – for example, if you need to let go of staff that were taken on to complete the contract, you cannot claim the cost of wages until the end of the contract term;
• the extent to which you can easily sell the supplies elsewhere; or
• the extent to which you can make up profits through a similar contract with a new customer.

How we can help

As a supplier you rely on your customers to keep their side of the bargain and continue a supply contract unless they are entitled to terminate or they discuss ending the contract with you first. If you have had a supply contract terminated unfairly, speak to one of our team. Our solicitors have many years of experience in seeking damages for losses for our clients in these circumstances.

There may also be additional concerns if you have had a contract unlawfully terminated.  For example, you need to be sure that any confidentiality clause will continue to be honoured, and you might need to apply for an injunction to prevent damage.

For further information, please contact Divyesh Popat in the dispute resolution team on 020 7845 7400 or email divyeshpopat@iwg.co.uk. Ingram Winter Green has offices in London.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

What can you do if your supply contract is terminated without your agreement?

I would also like to take this opportunity to thank you for being our family solicitor for so many years. We have always appreciated your professionalism, expertise, and friendly demeanor

Client advised by Daniel Ginsbury

We just wanted to pass on our thanks for the incredible job done by you and the team. It was such a smooth process and we felt guided at every turn. Hopefully we can team up again on any future purchases.

Client advised by Paul Sheeter

Thanks very very much…..I think the way you coordinated it all was just amazing.

Client advised by Daniel Ginsbury

Paul is the best solicitor you can find for your property purchase

Client Advised by Paul Sheeter

Thank you again for making the process so smooth and easy for us!

Client advised by Paul Sheeter

Never worried when I’m with you

Client advised by Paul Sheeter

Yay, thank you so much Paul!

Brilliant news, we’ve both so happy, thank you for making it such a smooth process.

Client advised by Paul Sheeter

Just wanted to say you’ve got a good team. Very responsive, efficient and to the point.

Client advised by Adam Pearlman