Breach of Contract Investigation

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Breach of Contract Investigation

While the main types of breach of contract can be considered minor - such as non-payment of salary, holiday pay, sick pay or expenses by an employer; unauthorised absence by the employee; or long-term absenteeism - some are more difficult to resolve..

What happens if you are a franchisor and you find yourself in a position where one of your business partners fails to comply with, or breaches the franchise agreement? This could be:

• Failure to pay any commission amounts due under the franchise agreement.
• Failure by the business partner to provide accounting information required to calculate payments due to the franchisor.
• Failure to adhere to strict buying guidelines within and using non-authorised suppliers.
• Misuse of the franchisor's confidential information or trademarks.
• Any action that may bring the franchise's name or reputation into disrepute.
• Failure to operate the franchised business in accordance with any operating manual.

Depending on the nature of the breach and the subsequent losses suffered, the franchisor may also choose to sue the business partner for damages.

A breach can occur even after a franchise agreement has been terminated or expired, as some obligations will continue post-termination, such as confidentiality obligations and obligations not to operate a competing business within a certain time period after the franchise agreement has terminated.

How can we help?

If you suspect an employee or a business partner of breach of contract, it is vital that our investigation is managed in line with your own policies and procedures and we will need a copy of those to ensure we do.

Once we have discussed the case with you, and gathered all of the necessary information, we will develop an investigation plan and present you with a cost effective strategy that we feel is best suited to your circumstances.

Each case is different, therefore the scope and dynamics of the investigation will be discussed and authorised by you prior to us continuing with your instruction.

It is highly likely that we would impose surveillance on the subject and/or the subject's place of business, this is vitally important as we would need to satisfy the court that the subject is indeed in breach of contract.

Identifying multiple breaches would demonstrate to the court beyond reasonable doubt that the breach is not a one off, but a continued intentional occurrence.

We may also be required to conduct a series of covertly recorded mystery shop visits incorporating several test purchases to demonstrate a specific breach of contract, including, but not limited to, theft, fraud and other dishonesty.

If we find evidence that an employee or business partner is in breach of contract, you will receive irrefutable evidence corroborating it.

Once the investigation is complete, you will receive a detailed investigation report, complete with surveillance logs and irrefutable date- and time-stamped photographic and/or video evidence that is admissible in an employment tribunal or court. We can also attend court if required.

The evidence we produce will put you back into a position of strength, you may choose to initiate one or more of the following actions:

• You may want to use the evidence to seek the right to monetary compensation, i.e. damages for their failing to perform the contract, i.e. putting you back in the position you would have been if the contact had been performed.

• You may wish to apply to the court for an injunction to prevent further breaches of contract.

• Or, if the breach is serious enough you may want to terminate the contract, you may not have the appetite to sue for damages, and that's O.K too, getting out of the contract is maybe enough and allows both parties to move on.

All of our investigations are conducted by highly skilled, professional investigators who operate within the parameters of the law and to strict codes of conduct. Rest assured, you are in safe hands.

Get in Touch.

Contact us for your FREE consultation

Or complete the Quick Enquiry Form above, or:
Call us on 0121 270 7504 - 020 7859 4240 or 07572 914 272 or e-mail info@pax-animi.co.uk

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