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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11681
Experience:  30 years as a practising solicitor.
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I am the owner of a bar. The manager, my employee, has had a

Resolved Question:

Hi there, I am the owner of a bar. The manager, my employee, has had a argument with the agent of the building (he works on site) over an issue related to the business, which occurred outside my rented space.
The agent demands from me to dismiss my employee. If I don't, he threatens to determine my contract. Unfortunately with the contract I have, he can do this.Is this legal?
Submitted: 2 months ago.
Category: Law
Expert:  JGM replied 2 months ago.

Thanks for your question. This is an unusual situation. Can you tell me what the contract says exactly?

Customer: replied 2 months ago.
The bar manager was frustrated that tenants of other units place rubbish in our glass containers, as he daily needs to remove them. Otherwise the glass won't be collected Today he threw the rubbish bins on the ground, in an angry manner, which caused the bins to open and spill. The agent claims that this was only cleared up once he asked him to. The bar manager claims that this is untrue.
Customer: replied 2 months ago.
the contract is a business lease, but with clauses which take all my rights away.
Expert:  JGM replied 2 months ago.

My question is what contractual condition says you have to sack the manager?

Customer: replied 2 months ago.
There is no condition as such in my contract, he has no right to interfere in my business affairs.
Expert:  JGM replied 2 months ago.

In that case the law in Scotland, unless the lease or other contract says otherwise, is that if you correct any breach the landlord has to accept that and they certainly can't dictate to you how you run your business or deal with your employees.

Customer: replied 2 months ago.
In short, he can't determine my contract under these circumstances? Because we corrected the issue?
Customer: replied 2 months ago.
Is this the same in England? Im not in Scotland.
Expert:  JGM replied 2 months ago.

Yes, that is the case.

JGM and 2 other Law Specialists are ready to help you
Customer: replied 2 months ago.
Many thanks!