Our employment department deals with all aspects of this ever-changing area of law.
We advise employees and employers on dismissal and whether a dismissal has been carried out unfairly, wrongfully, or if a constructive dismissal has taken place. We also assist employees and employers with Employment Tribunal proceedings.
We advise employers on redundancy procedures, how these should be carried out, and the redundancy consultation process required. We advise employees being made redundant on whether their redundancy has been carried out fairly, and their legal rights.
The Equality Act 2010 aims to improve fairness for employees. Under the Act, it is unlawful to discriminate against people at work and organisations should have policies in place to prevent this. The nine areas covered by the legislation are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
The TUPE regulations apply to all organisations and protect employees’ rights when the organisation or service they work for transfers to a new employer. TUPE also applies if a business or part of a business moves to a new owner, or merges with another business. We advise on all aspects of the TUPE regulations and their application to specific situations.
We prepare disciplinary and grievance policies which provide clear steps for employers and employees to follow, should an issue at work arise.
We prepare and advise on employment contracts, handbooks and policies in line with current employment legislation. We also advise on the legal interpretation of contractual terms and whether they are likely to be enforced by a Court or Tribunal.
Restrictive covenants in employment contracts are designed to restrict ex-employees from causing harm or acting detrimentally towards their former employer. They will only be enforced if they are intended to protect a legitimate aim and are reasonable in their scope.
Settlement agreements set out the terms and conditions agreed by the parties (e.g. employee and employer) in order to settle a potential employment tribunal claim or other court proceedings. We advise employers and employees on negotiating settlement offers and agreements.
Tribunal Claims should usually be made within 3 months of your employment ending or other event giving rise to a claim. We prepare Tribunal documentation and advise on the procedure to follow throughout the duration of the claim, including preparation of Claim forms, Response forms, Witness Statements and Schedules of Loss.
We also advise on negotiating a settlement sum and the likely award to be made at a final Hearing.
Early Conciliation is a mediation service offered by ACAS. Prior to submitting a claim at an Employment Tribunal, it is a legal requirement for employee claimants to go through Early Conciliation via ACAS.
There is no requirement for legal representation during Early Conciliation, however employers may be more inclined to enter into settlement discussions if employees are represented by a solicitor.
We regularly represent employees during ACAS conciliation and provide legal advice on the prospects of success.
Charlotte offers a free initial 30-minute consultation. Simply fill in the form on our Free Consultation page to see how we can help.