Employment Disputes

Employment law exists to create a fair working environment and to protect your safety. While most employers respect the law, not everyone does and sometimes your legal rights are breached. The specialist team at Fraser Dawbarns are experts in all areas of employment law for employees and can help you with any queries you may have. We understand workplaces and we know what your job means to you and your family. Many of our clients have invested a lot of time and effort in their chosen career. Disputes at work can be very stressful and can have a serious impact on your life, both professionally and personally. When it goes wrong, there is often a lot at stake.

Legal disputes with your employer can include changes to your employment contract, claiming money that you should have received, being bullied or harassed at work as well as going through a disciplinary procedure that you feel is unwarranted. The employment team at Fraser Dawbarns regularly advise employees on terms of employment, settlement agreements and termination of employment, and assist employees in bringing employment claims against former employers.

Boundary Disputes

We can offer specialist advice on any problem you have that has arisen from the ownership, use or occupation of land. These types of legal disputes can include but are not limited to right of way disputes and other issues relating to shared facilities including boundaries and land registry disputes. We can also help you with issues relating to tree encroachment, subsidence and actions relating to misrepresentation or negligence that have arisen from a property transaction. Contact our disputes team to find out more.

Landlord and Tenant Disputes

As domestic property rental has become more common, there has been an increase in the number of legal disputes between tenants and landlords. If you have one or more properties that you are renting out or if you are a tenant in a rented property, Fraser Dawbarns can advise you on your legal rights and responsibilities to try and resolve any potential dispute as cost effectively and quickly as possible.

For landlords we can help you with a range of issues including helping you to recover rent arrears and compensation for damage. If you are a tenant, we can also help you with your legal disputes if you are facing eviction and help you to recover your deposit. Contact the legal disputes team at Fraser Dawbarns for help with a dispute, whether you are a landlord or a tenant.

Will and Estate Disputes

In most cases where a person makes a Will, their wishes are carried out without question. However, Will and estate disputes are increasing as a number of disappointed beneficiaries are now challenging Wills for a number of reasons.

These can include allegations that the person making the Will lacked the necessary capacity which would render that Will invalid and meaning that the previous Will, if there is one, would have to be used instead. In cases like this, we can help you establish whether there is any evidence of lack of capacity.

Other possible scenarios include circumstances where a person is promised the benefit of another’s estate and invests themselves at their detriment to the testator’s advantage and then doesn’t receive the benefit promised. Certain relatives can also bring claims against the estate if they believe they should have been provided for in the Will. This could include a child left out of a parent’s Will for no apparent reason or where there is no allegation of a lack of capacity.

In any of these situations our ACTAPS (Association of Contentious Trust and Probate Specialists) trained solicitors, can help whether you are bringing the claim or whether a claim is being made against you. We can help you get to the right answer and preserve the value in the estate by minimising unnecessary costs from being incurred. Contact us for more information.

Deprivation of Liberty Safeguards

Deprivation of liberty can occur in many settings but the most recognisable are in a hospital setting, in a care home, or at home. There are many people who are deprived of their liberty as a result of the care or treatment they receive, and who cannot consent to these restrictions because they lack the mental capacity to do so. There are also people who are deprived of their liberty because health and social services believe it to be in their best interests to receive care in a particular environment, such as in a care home rather than in their own home.

We have achieved positive outcomes for vulnerable clients and as a result of our involvement have helped people to return to their own homes or to remain living with their spouse with the support they need. If you would like further advice and support with Deprivation of Liberty Safeguards, please do not hesitate to contact us today.

Powers of Attorney Disputes

If you believe that a Power of Attorney has been signed in inappropriate circumstances or wish to challenge the appointment of a particular attorney, then we can help. At Fraser Dawbarns, our civil litigators have a wealth of experience in dealing with disputes in relation to Lasting Powers of Attorney, deputyships and matters relating to capacity, as well as disputed applications in relation to the appointment or removal of an attorney.

We understand that these situations can be very upsetting and we have solicitors who are members of professional organisations such as the Society of Trust and Estate Practitioners (STEP), the Association of Contentious Trusts and Probate Specialists (ACTAPS) and Solicitors for the Elderly who understand the need to give you timely and practical advice.

Sometimes it is more appropriate for the issues to be resolved by the courts and in these situations our solicitors can also apply to the Court of Protection on your behalf or provide representation if a matter is already with the court. Please contact us for more information or for help with any legal disputes relating to Powers of Attorney.