Employment Law

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» Why instruct a solicitor

» Employment Services

» Employers

» Employees

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Why instruct a solicitor

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. This requires access to regularly maintained research facilities which we have available and 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 (whether employer or employee) drastically improves the chance of a successful outcome.

Employment services

We advise Employers and Employees on all aspects of employment law including:

• Business re-organisation
• Business Transfers
• Collective Consultation
• Contractual Issues including:
          - Contracts of Employment
          - Breach of Contract
          - Varying Contractual Terms
          - Restraint of Trade and Business Secrets
• Directors
• Discrimination and Equal Pay
• Disciplinary and Grievance Procedures
• Drafting Polices and Procedures (e.g. retirement/ anti      harassment/ use of email)
• Employment Status
• Employment Tribunal Hearings, Practice and Procedure
• Health and Safety at Work
• Human Rights, Data Protection and Monitoring
• Maternity and Family Rights
• Pay/Wages
• Recruitment
• Sickness
• Termination of Employment including:
          - Unfair Dismissal
          - Redundancy
          - Compromise Agreements
• Whistleblowing
• Working Time

Employers

We advise Employers of all sizes on all issues of employment law.

Preventative Steps

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.

Workplace Problems

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.

Grievances, Disciplinary Issues and Dismissal

It is very important that you follow the proper statutory 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. If you fail to do so, the dismissal will almost inevitably be considered unfair by the Employment Tribunal and you will face financial penalties. Whilst you may have valid grounds to dismiss an employee, if you do not follow proper statutory procedures it is likely to lead to the Tribunal making a finding that the dismissal is automatically unfair, award a basic award of four weeks pay and give an uplift of any award of compensation of between 10 and 50%.

We can guide you through the procedures and help minimize the risk of a claim being brought against you.

Business Transfers

The complexity of legislation in this area can make it a minefield for the unwary.

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.

Employees

We act for employees as well as employers in the Employment Tribunal and our advocates are equally at home acting for an employee.

If you are having trouble at work, we understand this will be a difficult time for you. If you are the victim of discrimination, harassment or are subject to bullying, unfair treatment or disciplinary action, or if you are pursuing a grievance or if are going through a redundancy process or you have been dismissed, or indeed have any other issues at work, it is important to know at the earliest opportunity what your rights are. We can advise you on your rights, how to deal with the situation and your options.

Employees are given a large number of statutory rights.
Your employer is obliged to follow proper procedures in dealing with you and failure to do so may entitle you to either overturn an unwelcome decision or claim compensation.

You will benefit from taking our advice on your situation at an early stage. It will enable you to deal with things with your eyes open. In some cases, it may be better to keep your job by careful handling of an employer, than to claim what may be a modest sum in the Employment Tribunal. Alternatively, if your Employer is determined to dismiss you, we will be able to advise how to counter some of the tactics likely to be used against you.

If you have been dismissed, we can advise on whether your dismissal was fair, the prospects of succeeding with a claim in the Employment Tribunal and give an indication of the likely compensation you could recover. We can prepare and submit your claim form to the Employment Tribunal and deal with all aspects of your case, including representing you at the final hearing.

We also advise on contractual issues including the consequences of not having a written statement of terms, the validity of post termination clauses in your contract, deductions from salary and breaches of contract.

If you are offered a new contract of employment, or revised terms and conditions of employment, you can be sure your employer will have considered the matter carefully, and probably taken legal advice. We recommend that you do likewise as important issues about your job and pay may be at stake. To accept without advice, or to reject without good cause, can lead to embarrassment and financial loss.

If there are a number of you at work who are unhappy with the same issue then frequently it is helpful for you to group together to obtain advice.