Employers need to be fully aware of the frequent changes in legislation
and developments in case law that will affect their business.
Our expert Employment team gives practical advice to both employers
and employees alike on the full range of employment situations
as well as on policy, procedure and the drawing up of contracts
and other agreements, with the pursuit and defence of claims in
Employment Tribunals and the Civil Courts.
By law an employer must provide an employee with their employment
terms (known as a statement of terms) within 2 months of the employee's
start date. However, a statement of terms is the bare minimum
required by law. A comprehensive contract of employment allows
an employer to specify an employee's duties and responsibilities;
this also means that an employee knows exactly what is expected
of them. We can help you draft employment contracts with clauses
to suit your particular business.
We can assess your current arrangements and where appropriate,
identify and suggest solutions for existing and potential problems.
Our expert Employment team can draft all employment documentation
for you including staff handbooks, manuals, disciplinary and other
procedures. We can provide tailor made agreements to suit your
particular requirements.
The Employment Act 2002 (Dispute Resolution) Regulations 2004
made it a legal requirement for all employers, regardless of their
size, to have disciplinary and grievance procedures. The Regulations
introduced statutory minimum procedures which cover disciplinary
rules and procedures for handling discipline, grievance and appeals.
All employers and employees must follow the minimum 3-step process
when dealing with most dismissals, disciplinary actions or grievances,
otherwise they could face a financial penalty should a dispute
reach a tribunal. If an employer fails to follow the minimum procedure
a dismissal will become automatically unfair where the employee
has the right to claim unfair dismissal. We can draft procedures
for your business and guide you through the process.
We have extensive experience of representing employers and employees
in claims arising from dismissals, whether the dismissal is unfair
or in breach of contract.
After one year of working continuously for an employer the majority
of employees are entitled, by law, to protection against unfair
dismissal. Some dismissals are automatically unfair. An employee
does not need one years service with an employer to claim unfair
dismissal if the dismissal is related to, for example:- pregnancy
or maternity, trade union membership or activities, health and
safety, or enforcing a statutory right (please note this list
is not exhaustive). Our Employment team provides prompt and practical
advice both to employers and employees enabling steps to be taken
to pursue objectives or protect a position as appropriate.
Statute defines the circumstances under which an employee may
be classed as redundant, and a thorough procedure needs to be
followed in order for the redundancy to be fair. We can expertly
guide you through the procedures required.
We can help both employers and employees try to resolve issues
and negotiate settlements without matters proceeding to Employment
Tribunal. If matters do proceed, we have experienced advocates
to represent both employers and employees in Employment Tribunals.
Our expertise is wide ranging, covering sex, race and disability
discrimination claims. We can also advise on new legislation dealing
with discrimination on other grounds such as sexual orientation
and religion.
The Employment Equality (Sex Discrimination) Regulations 2005
came into force on 1 October 2005 introducing a number of amendments
to existing sex discrimination legislation. One of the most publicised
of these was the introduction of a statutory definition of sexual
harassment.
We are able to deal with harassment and victimisation claims enabling
us to empathise with individuals who have suffered harassment
and also advise employers on how to handle harassment in the workplace.
A compromise agreement is sometimes offered by employers when
terminating an employee's employment. In such an agreement the
employer will offer financial compensation in return for you signing
a compromise agreement giving up your rights to bring a related
claim against the employer. If negotiated properly a compromise
agreement can be an effective way to make sure you are adequately
compensated for the termination of employment without bringing
a claim against your employer which can be time consuming and
expensive.
If you are offered a compromise agreement you must take independent
legal advice as soon as possible. We have lengthy experience in
both drafting and negotiating such agreements.
For employers we can draft agreements and advise on how to handle
the often difficult termination of employment problem.
We have extensive experience in providing practical advice on
TUPE issues in transactional work and on outsourcing employment
termination, including compromise and other settlement agreements,
as well as taxation implications and avoidance.
The right to maternity leave and pay and other family friendly
rights such as paid paternity leave and the right to request flexible
working are extremely complex. Both as an employer and an employee
it is important to be fully aware of the rights in this regard.
We can advise you of the most recent legislation changes.
The Health and Safety at Work Act 1974 and the Regulations made
under it impose a series of important duties on employers and
employees. We can advise you about those duties and draft documentation
to suit your particular needs.
About Us
The Employment team is headed by Mark Bland who has 25 years
experience in advising on employment issues both for employers
and employees as well as representing clients in tribunals.
Mark has lectured on the subject of employment law to many organisations
including Liverpool Law Society.
