HR AND EMPLOYMENT LAW FOR BUSINESS
We attend your business premises to take instructions, allowing you to concentrate on running your business.
HR & Employment Law for Businesses
Review existing employee contracts, checking for consistency and legal compliance. Contracts can be tailored to suit your organisation. The contracts may be:
- Full time
- Part time
- Project based etc.
Provide your company with an employee handbook.
An employee handbook should include your business’s policies, your expectations of your employees, and what your employees can expect from your business. We can tailor make your employee handbook to meet your requirements. The employee handbook may include the following policies:
- Absence Management Procedure
- Alcohol and Drugs Policy
- Annual Leave Policy
- Capability Policy
- Company Mobile Phone Policy
- Disciplinary Procedure
- Equal Opportunities / discrimination Policy
- Flexible Working Policy
- Grievance Policy
- Long Term Sickness Management Policy
- Maternity Leave and Pay Policy
- Paternal Leave Policy
- Social Media and Internet Use Policy
- Whistle Blowing Policy
A full review of your existing processes with recommendations if required. With the following systems:
Create a ‘paperless paper trail’ including Personnel files
Track absences and return to work and self certification forms
Review and authorise holiday requests.
Keep a record of any training.
Ask for reason when changing an employee’s details.
Taking care of employment law issues in any organisation, large or small, can be a time-consuming and difficult task.
Regulations are constantly changing and staying on top on your duties as an employer can become very difficult at the same time as running your business.
We provide specialist Employment Law and HR guidance tailored to your business needs with timely and professional advice. Both after the event or better still we will work with you to prevent problems occurring. Employment law can be a minefield.
- Disciplinary and dismissal procedures
- Redundancies, probationary periods
- Sickness absence and holidays
- Notice pay
- Sick pay
- Minimum wage
Employment Tribunal Litigation
We can help you deal proactively with employment disputes before they result in an Employment Tribunal claim.
However, when that proves impossible, we will provide sound commercial advice and representation throughout any claim brought against your business, so you understand the issues clearly, the merits of your position and options available for resolving the dispute.
We represent clients at Employment Tribunals and the Employment Appeal Tribunal (EAT), defending claims, including for:
- Unfair dismissal
- Breach of contract
- Discrimination based on sex, race, disability, sexual orientation, pregnancy and maternity, religion and belief and age
- Breach of the requirement to collectively consult
- Equal pay
- Redundancy pay
We are also experienced Employment Tribunal advocates at both interim and final Tribunal hearings. This allows us to manage the handling of cases from start to finish where that is best for our clients. This can result in cost savings and provide you with consistency throughout a case. However, where our clients prefer, or if the case requires it, we would work closely with a barrister, to represent you at any final hearing.
Discrimination claims can be very difficult to handle: only certain kinds of conduct can be deemed to be discriminatory. Furthermore the conduct must be of a certain degree before there can be a potential legal action. We are experts in the field of employment law with particular knowledge of the law on discrimination. If you are concerned that your organisation may become vulnerable to a discrimination claim.
Under the Equality Act, there are certain characteristics of people which cannot be used to treat you unfairly:
- Gender (including gender-reassignment)
- Marriage/civil partnership
- Sexual Orientation.
Each of these characteristics are deemed ‘protected characteristics’. If an employer takes any action that is unfair, and it relates to any of the characteristics listed above, then this may give rise to a discrimination claim.
Settlement Agreements - For Employers
It is not uncommon that employers and their employees occasionally find themselves in disagreement. Whilst in most cases such disagreements can be easily dissipated by observing the necessary disciplinary and grievance procedures, there may be times when a more permanent resolution needs to be found. Whether looking to bring a particular matter to a close or to end an employment relationship with an employee, it is in these moments that employers may wish to consider making use of a settlement agreement.
Fixed fee settlement agreement legal help for businesses
Settlement agreements are one of the most useful tools available to employers looking to resolve an issue with an employee in a permanent, legally binding way.
If you are experiencing difficulties in resolving difficulties with an employee, contact us to confidentially discuss your matter and find out how a settlement agreement could help.
How do settlement agreements work for businesses and employees?
A settlement agreement is a legally binding contract that can be used to bring the employer-employee relationship to an end or resolve an on-going dispute with an employee. The utility of a settlement agreement lies in providing both the employer and employee with a mutually acceptable permanent resolution that limits an employer’s legal liability.
The substance of these agreements tends to depend on the situation in question. Typically, they waive the individual’s rights to bring a claim covered by the agreement to an employment tribunal or a court, with the individual receiving some level of financial payment in return.
When are settlement agreements most useful?
Whether or not a settlement agreement is the best way to resolve an issue with an employee will depend on the circumstances. In most cases, settlement agreements are used when there has been irreparable damage done to the employer-employee relationship, and termination of the employee’s contract is under consideration.
Settlement agreement’s are also used during redundancy to confirm the amount payable to the employee as redundancy pay, whether it be statutory redundancy pay or enhanced redundancy pay.
Alternatively, they can also be used to settle an on-going workplace issue, for example, a disagreement over holiday pay or fringe benefits.
When can I suggest the use of a settlement agreement?
The use of a settlement agreement is a matter of judgement. It is important to understand that an employer must not use settlement agreements in such a way so as to indicate any level of discrimination. Furthermore, it is also unwise to present a settlement agreement to an employee without there having been some mention of it during previous discussions with an employee, e.g. as part of a wider performance review.
It is advised that any suggestion to an employee of using a settlement agreement follows some kind of review of their work. Alternatively, their use would be preferable where both parties make it clear that there is a need for a ‘clean break’, and where there is scope for amicable terms to be agreed.
It should also be borne in mind that employees themselves may suggest making use of a settlement agreement. While this should not be agreed to or dismissed unnecessarily, employers should consider whether or not this is in the interests of their business.