We regularly prepare employment contracts, service agreements, employee handbooks and policies and procedures to ensure a business meets its obligations under the legislation. Prevention is better than cure and having well drafted contracts and policies and procedures is vital.
We also advise on the range of employment issues when incorporating businesses, hiring and firing employees, as well as during the life of the business itself, including TUPE advice during restructures or mergers and acquisitions.
We spend most of our lives in the workplace and difficulties or problems often arise between colleagues, or because someone is not performing as they ought to be, or employees are not happy with working conditions.
We regularly help employees to raise grievances or respond to disciplinaries including preparing you for meetings or hearings. We also advise employers on how to deal with grievances or pursue disciplinaries. Failure to follow the correct procedures can lead to an Employment Tribunal reducing an employee’s award or increasing the level of compensation that an employer must pay.
Often the employer and employee relationship simply does not work out and consideration has to be given to negotiating the terms of an employee’s exit. Sometimes an employer wishes to avoid the cost and expense of embarking upon a disciplinary or redundancy process and sometimes an employer finds itself faced with the foundations of one or more claims which it wishes to compromise.
A settlement agreement is an agreement under the Employment Rights Act 1996 where an employee gives up their statutory rights against an employer in return (usually) for a termination payment. In order to be valid, the employee must receive independent legal advice on the terms and effect of the agreement. Usually the employer will pay the costs the employee incurs taking independent legal advice on the agreement.
For employers we will draft the agreement and oversee its negotiation and for the employee we will provide advice on the agreement and the claims the employee is or may be giving up.
Much of our work is about keeping matters out of Tribunals but sometimes making or defending a claim is the only option. We act both for employers, employees and workers and we advise on the range of claims that may exist including:
Wrongful Dismissals
This is a claim for breach of contract such as where an employee is dismissed without the correct notice.
Unfair Dismissals
Where the decision to dismiss an individual is unfair, or rather not within the list of fair reasons.
Constructive Dismissals
Where an individual is entitled to resign and treat themselves as having been constructively dismissed.
Whistleblowing
Where individuals are treated less favourably due to protected disclosures.
Discrimination
It is unlawful to discriminate on the grounds of a protected characteristic such as sex, sexual orientation, gender reassignment, marital status, pregnancy, race, religion, belief, disability or age. Employers may be guilty of discrimination without realising it. Indirect discrimination is where an employer imposes a condition, rule or practice which adversely affects a group of employees who are protected from discrimination more than others.
Redundancy
Where there is a need to reduce the size of the workforce and an employer has failed to follow the correct consultation procedures or selection process.
Not only do employers and employees need advice on the initial recruitment itself, during the employment relationship and, often, at its conclusion, but a departing employee can also bring with them concerns. Often departing employees will move to competitors or set up in competing businesses, or make use of confidential information.
We can assist employers to assert and enforce their rights under restrictive covenants including applying to the courts for injunctions in appropriate cases. We also assist employees since, very often restrictive covenants exceed the reasonable and legitimate commercial interests of the former employer and are unenforceable.
We regularly prepare employment contracts, service agreements, employee handbooks and policies and procedures to ensure a business meets its obligations under the legislation. Prevention is better than cure and having well drafted contracts and policies and procedures is vital.
We also advise on the range of employment issues when incorporating businesses, hiring and firing employees, as well as during the life of the business itself, including TUPE advice during restructures or mergers and acquisitions.
We spend most of our lives in the workplace and difficulties or problems often arise between colleagues, or because someone is not performing as they ought to be, or employees are not happy with working conditions.
We regularly help employees to raise grievances or respond to disciplinaries including preparing you for meetings or hearings. We also advise employers on how to deal with grievances or pursue disciplinaries. Failure to follow the correct procedures can lead to an Employment Tribunal reducing an employee’s award or increasing the level of compensation that an employer must pay.
Often the employer and employee relationship simply does not work out and consideration has to be given to negotiating the terms of an employee’s exit. Sometimes an employer wishes to avoid the cost and expense of embarking upon a disciplinary or redundancy process and sometimes an employer finds itself faced with the foundations of one or more claims which it wishes to compromise.
A settlement agreement is an agreement under the Employment Rights Act 1996 where an employee gives up their statutory rights against an employer in return (usually) for a termination payment. In order to be valid, the employee must receive independent legal advice on the terms and effect of the agreement. Usually the employer will pay the costs the employee incurs taking independent legal advice on the agreement.
For employers we will draft the agreement and oversee its negotiation and for the employee we will provide advice on the agreement and the claims the employee is or may be giving up.
Much of our work is about keeping matters out of Tribunals but sometimes making or defending a claim is the only option. We act both for employers, employees and workers and we advise on the range of claims that may exist including:
Wrongful Dismissals
This is a claim for breach of contract such as where an employee is dismissed without the correct notice.
Unfair Dismissals
Where the decision to dismiss an individual is unfair, or rather not within the list of fair reasons.
Constructive Dismissals
Where an individual is entitled to resign and treat themselves as having been constructively dismissed.
Whistleblowing
Where individuals are treated less favourably due to protected disclosures.
Discrimination
It is unlawful to discriminate on the grounds of a protected characteristic such as sex, sexual orientation, gender reassignment, marital status, pregnancy, race, religion, belief, disability or age. Employers may be guilty of discrimination without realising it. Indirect discrimination is where an employer imposes a condition, rule or practice which adversely affects a group of employees who are protected from discrimination more than others.
Redundancy
Where there is a need to reduce the size of the workforce and an employer has failed to follow the correct consultation procedures or selection process.
Not only do employers and employees need advice on the initial recruitment itself, during the employment relationship and, often, at its conclusion, but a departing employee can also bring with them concerns. Often departing employees will move to competitors or set up in competing businesses, or make use of confidential information.
We can assist employers to assert and enforce their rights under restrictive covenants including applying to the courts for injunctions in appropriate cases. We also assist employees since, very often restrictive covenants exceed the reasonable and legitimate commercial interests of the former employer and are unenforceable.
