EMPLOYMENT

Policies and Procedures

Having the correct policies in procedures in place will not only provide protection to your business, it can also be an important management tool providing you with the opportunity to set out the rules and standards with which you expect your employees to comply.  If employees do not then adhere to those rules or achieve the required standards, the policy can then form the justification for invoking the relevant disciplinary and/or capability procedure against the offending employee(s).

We can help you implement these policies (or review existing ones) which deal with issues such as discipline and grievance procedures, equality, sickness and absence policies, flexible working and parents’ rights.

Diversity and Discrimination

It makes good business sense to treat workers fairly and considerately. As an employer you should make sure that you have right policies in place which are designed to promote equal opportunity and diversity, and to prevent discrimination in order to stay within the law and to attract the best employees possible.

Our employment law team can help you to review and reinforce your current policies to ensure that you are compliant with issues such including providing equal opportunities and equal pay, victimisation and bullying and potential areas of discrimination (which are known as ‘protected characteristics’).  We can also help you draft completely new policies if you don’t have any in place. If an issue does arise with an employee, we will also advise you of the best course of action to take.

Contractual Issues

Any staff you employ should be provided with a contract of employment in order to outline rights and obligations for both parties. We can help with the drafting of contracts for employees right through to directors’ service agreements.  We can also provide advice on more complex issues including variation of terms and restrictive covenants and confidentiality.

TUPE and Business Restructuring

When a business is a transferred from one owner to another, the employees’ terms and conditions are ordinarily protected under the ‘Transfer of Undertakings (Protection of Employment) Regulations (TUPE)’ which means that continuity of service and any other rights are all preserved. Whether you are the old or the new employer you are required to inform and consult employees affected directly or indirectly by the transfer. We can guide you through this process and help you with any other issues or complications which may arise.

Termination and Redundancy

Employers are increasingly exposed when it comes to termination and redundancy. As an employer it is sometimes difficult to gain a clear view of where you stand legally because of the complexities of our employment laws. You need to ensure that if you are considering redundancy or termination, that the process is carefully managed and procedures are followed to the letter, otherwise you could leave yourself open to a claim from your former employee(s).

We will work with you to limit your exposure to your business and to ensure the best processes are adhered to. Whether you are considering single or collective redundancies, we can help you manage the redundancy process to ensure legal compliance. We can also help with termination of employment where performance and capabilities are factors or where misconduct has taken place.

Claim Management

If you are faced with a claim, you primary objective will be to limit damage to your business. Depending on the claim and its viability there are tools in place to try and resolve a dispute or claim without having to go to tribunal. In some situations there are also preventative measures which can be put in place to avert a claim.

A compromise agreements is one preventive tool commonly put in place by employers following termination of employment, in order to stop employees from bring a claim, particularly in redundancy situations. The agreement sets out the financial (and all other terms) on which the employment relationship will end. After agreeing to and signing a compromise agreement, the employee is then unable subsequently to make a claim in the courts or an employment tribunal.

If a claim does occur, mediation is often encouraged to attempt to resolve the matter early on. This process can provide the flexibility to negotiate a more desirable outcome than via an employment tribunal through open communication and the facilitation of a mediator, whether through ACAS or a private organisation. It is also a much more cost effective and private way of achieving a settlement/resolution.

Unfortunately, not every dispute is resolved without resulting to litigation. Sometimes the matter cannot be resolved any other way apart from at an employment tribunal.

If you are faced with a tribunal claim, we will provide you with full support via our best possible legal team. We will handle all aspects of any claim brought against you, including representing you at the hearing.

We can also help you put strategies in place that prevent similar employment tribunal claims from arising in the future.