Employment law is complex and different rules can sometimes interact with one another with unexpected consequences.
Employment law is also subject to regular change as a result of legislation and decisions of the Courts and the Employment Appeal Tribunal. As a consequence it is important to stay up to date. We have access to regularly maintained research facilities which ensures our advice is completely current.
Early advice is often the key to a successful outcome in employment cases. Knowing from the outset how to position yourself drastically improves the chance of a successful outcome.
We advise Employers on all aspects of employment law including:
We advise Employers of all sizes on all issues of employment law.
We can help draft your contract of employment and your policies and procedures including disciplinary and grievance procedures. We also offer in house training for your staff.
When an employment issue arises, even if you are familiar with employment law, applying the law and general principles to a particular situation in the workplace is sometimes difficult for experienced personnel officers in large corporations let alone hard pressed managers in small and medium sized businesses. We can provide immediate advice on urgent problems within the workplace – it is important to act properly at the outset if future problems are to be avoided.
It is very important that you follow the proper procedures when an employee lodges a grievance or when you are contemplating disciplining an employee. If you fail to do so, you risk facing a potential claim for constructive dismissal or unfair dismissal.
When an employee is dismissed you must be extremely careful about the basis for any dismissal and must get procedural aspects right. You need to show that you had a ‘fair reason’ for the dismissal (there are only five potentially fair reasons for dismissal) and that you acted reasonably in treating that reason as sufficient to justify a dismissal. You must also follow a fair disciplinary procedure. If you fail to do so, the dismissal may be considered unfair by the Employment Tribunal and you could be ordered to reinstate or re-engage the employee or pay the employee compensation.
We can guide you through the procedures and help minimize the risk of a claim being brought against you.
The complexity of business transfer legislation in this area can make it a minefield for the unwary.
Generally, employees transfer with the Business and purchasers will take on liability for the accrued employment and redundancy rights of employees. Sellers have obligations to consult and inform employees about a business transfer including telling employees how their job will be affected.
Whether you are purchasing or selling a business it is essential you understand your obligations to your employees. Failure to comply with legislation can be a costly mistake.
Please telephone 01323 727321 to arrange an appointment to see us.