Minding your Business
A client guide on Travel & Employment Law and Commercial Disputes
Travel Law
This is considered to be a specialised area of law.
Our many areas of expertise include most types of claim brought by holiday clients against tour operators and travel agents. We will consider the latest case law in advising you whether to accept a settlement or to pursue your claim through the court system.
Our areas of expertise include:
- Holiday Disputes & Claims (damages & compensation for loss of enjoyment & diminution in value of the holiday)
- Package Travel Regulations
- Wholesale and Agency Agreements
- Trade Descriptions
- Brochure Misrepresentations
- Booking conditions
- Breach of holiday contract
- Overseas Personal Injury Claims
- Consumer Law
- ABTA Tour Operator & Travel Agents’ Code of Conduct
We have a thorough understanding of how the Travel Industry works, since our specialist in this field spent many years working for leading tour operators and travel agents.
Through this knowledge we are able recognise the pressures and expense of dealing with holiday litigation, especially to a small business. Our services are accordingly tailored to providing you with the best advice in balancing payments with the economics of defending claims.
Employment Law
As an Employer you should be aware of your rights and the rights of your staff. They may not all be employees. Whether they are employed full time, part time, self-employed, on a temporary, agency or fixed term basis, they will have certain rights.
There has also been a major change in the law. From 1st October 2004 specific statutory Disciplinary, Dismissal and Grievance procedures must be followed before action is taken to terminate a contract of employment. A failure to follow these procedures could lead to problems defending claims.
Our areas of expertise in Employment Law include:
- Employment Contracts
- Data Protection Act
- Human Rights
- Health & Safety
- Grievance & Disciplinary Procedures
- Unfair Dismissal
- Redundancy
- Discrimination
Commercial dispute resolution
These days there are many alternatives to the Courtroom if you want to resolve a dispute. These are collectively known as Alternative Dispute Resolution or ‘ADR’, and can save considerable time and expense.
Parties to a dispute may now even be under an obligation to try to settle matters without involving the Court. Recent case law suggests that parties could be liable for Court costs if they fail or refuse to take part in ADR.
It is recommended that parties to an agreement consider the inclusion of a clause suggesting how any dispute may be dealt with.
The Partner responsible for our Dispute Resolution Group is accredited as a mediator with CEDR – the Centre for Effective Dispute Resolution – and has experience of mediation in a variety of commercial matters.
What Thomas Dunton can do for you
We have a team of specialist commercial lawyers who take pride in giving straightforward legal advice. We will do our best to advise you and to ensure that everything proceeds in your case as smoothly as possible. Do not at any time be afraid to ask questions. We will give you the clearest information possible about costs and keep you updated about the issues as the matter progresses.
