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Ensuring you know your rights and materialize your full potentials at
work, every step of the way from recruitment to retirement.
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We spend more time at work than we do with our family or friends. What happens at work is important and impacts on self esteem and career progression. Stress caused at work can pour into your personal life. Know your rights, understand your obligations. Timely advice and action can make all the difference.
Our areas of expertise are:
• Drafting & advising on contracts of employment and restrictive covenants
• Drawing up strategies
• Advising on the procedure and drafting documents in respect of :-
» Compromise Agreement and Severance Terms.
» Disciplinary and Grievance procedures.
» Dismissals; unfair dismissal, automatic unfair dismissal, wrongful dismissal and remedies
» Employment Tribunal Proceedings
» Performance Reviews
» Redundancies
» TUPE Transfer of Undertakings
» Managing sickness absences
» Discrimination: Sex , Race , Disability and Age discrimination
» Maternity & Paternity Rights
» Equal Pay
» Working Time Regulations 1998
» Flexible Working.
• Training Sessions in respect of all the above. As prevention is better than cure.
In the event your particular employment law query does not fall into any of the above mentioned categories, please feel free to call to discuss your requirements.
We draft and advise on contracts of employment and restrictive covenants as well as company policies and hand books. Ascertain your contractual and statutory rights and obligations by booking a consultation session.
We draw up strategies for clients to achieve their objectives with a view to promoting their well being at work and preventing successful claims against them. We also advice on new Legislation, often prompted by the European Commission and European Court of Justice (ECJ) which has given employees more rights than ever before. We draft letters to the employers on the client’s behalf in accordance with the legal procedure and client’s instructions. |
| Advising on the procedure and drafting documents in respect of: |
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| Compromise Agreements and Severance Terms. |
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| Are tools for the employers to ensure that irrespective of the circumstances of termination of employment, the employee will not be able to come back with a claim against the employer. Before you sign away your right to commence a claim against your employer, it is best to seek detailed advice on the circumstances that have lead to the termination of your contract of employment and the sums being offered to the employee in the compromise
agreement. In fact one of the fundamental conditions for there to be a legally binding compromise agreement is that the employee must seek independent legal advice. This is where we can provide employees with a first class detailed advisory and negotiation service to work towards the best possible out come. Advice on a compromise agreement can be provided by telephone as well, and in accordance with the clients instructions, negotiation with the employers can be engaged in. If you have been given a compromise
agreement, then please call or e-mail to discuss and make an appointment. |
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| Disciplinary and Grievance Procedures. |
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| If an act or omission by your employer or work colleague has come to your attention, which gives you cause for concern, you need to take certain steps. By the same token, if your employer has given you a warning, they are under an obligation to take certain steps before they do so. We advice on the steps required and the repercussions of omitting to engage in the procedure. |
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| Dismissals; Unfair dismissal, automatic unfair dismissal, wrongful dismissal, constructive dismissal and remedies available to the employees. |
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| If you are contemplating resignation, or have been dismissed, please seek legal advice to determine the possibility of pursuing a claim for unfair dismissal. We can commence legal proceedings against your employers in accordance with your instructions, by completing an Employment Tribunal Claim Form ET1. Please call to discuss and make an appointment. An employee with one year’s service has the right not to be unfair dismissed. However
employees with under one year service can also pursue a claim for automatic unfair dismissal in certain circumstances only. Those circumstances are very limited and governed by law. Please call to discuss and make an appointment. |
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| Employment Tribunal Claim Form ET1 |
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| We provide advice on the merits of a potential claim and can commence legal proceedings in accordance with your instructions, by drafting an Employment Tribunal Claim Form ET1. Depending on the circumstances and subject to your instructions. We may settle your claim by writing or communicating with your employer or ACAS. If this is not possible and you wish to continue to pursue a claim through the employment tribunal or court,
a quote of estimated legal cost will be provided to you.We arrange representation in the Employment Tribunal on behalf of our client’s. Solicitors usually instruct barristers specialising in employment law to make representation at the Tribunal or Court Hearing. Barristers services are availed for 3 fundamental reasons:(1) they are skilful in advocacy (2) they have an exceptional understanding of both the Law and the Tribunal Rules and Procedures (3) They are more cost effective than using a
solicitor.
Depending upon the complexity of the issues, it may be advisable for you to obtain a barrister's opinion on the merits of your case and or discuss your case with the barrister before the hearing. A conference with a barrister can be arranged at the barrister's chambers. If your case is complicated it may involve attending a case management conference at the tribunal and Court representations. |
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| Performance Reviews |
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| Are to encourage staff and highlight their short comings. If you have concerns in respect of the way it is conducted or the result of the review, including criticisms and unrealistic targets set, you should voice those concerns promptly by appealing against the outcome, as the issues that you are concerned about, can become the platform for the employers to commence a disciplinary procedure. |
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| Redundancies |
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| Potentially fair reason for dismissal, but only potentially. It occurs where the employer has ceased or intends to cease to carry on the business (i) for which the employee was employed; or (ii) where the employee was employed; or 2. The requirement for employees to carry out work of a particular kind has ceased or diminished or are expected to cease or diminish; or 3. The requirement for employees to carry out work of a particular kind
in the place where the employee was employed has ceased or diminished or are expected to cease or diminish. A dismissal due to redundancy is governed by legislations, requiring certain procedures to be engaged in, coupled with the ever growing case law which needs to be taken into consideration when effecting a dismissal due to redundancy, therefore it is imperative that legal advice is sought. When ever there is a dismissal, there is a possibility of an unfair dismissal claim subject to all the circumstances
of the case. |
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| TUPE Transfer of Undertakings. |
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| Transfer of Undertaking in laced with complicated legislation relating to the rights of employees. The Transfer of Undertakings (Protection of Employment) Regulations 1981 governs this area of employment law. There are a number of situations when employees will find that the identity of their employer has changed, for example when the employer sells the business or part of the business, when a business goes into administration or upon
the loss of a contract. In situations such as these, employees' terms and conditions could be protected by TUPE when they transfer to a new owner or contractor. Before any transfer takes place , employees have a right to be given information through representatives about the fact that a relevant transfer is to take place, when it is likely to happen, the reason, the legal, economic or social implications, whether any measures are envisaged to be taken by the new employer in relation to the employees. If measures
are envisaged the representatives must be consulted. Any change of a fundamental term such as pay, hours of work etc by the new employer may constitute a breach of contract and allow an employee to claim constructive unfair dismissal. Any dismissal which takes place because of the transfer either after the transfer by the new employer or before the transfer by the previous employer may be automatically unfair. Therefore it is imperative that legal advice is sought |
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| Managing sickness absences. |
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| If you have been unwell and off sick from work, your employers can use your sickness against you. You as an employee are protected by a number of pieces of legislation including legislation relating to disability discrimination. It is imperative that you know your rights and know when to take certain steps to safeguard your interest. If you have been unwell and off sick, then please seek legal advice. Call us to discuss
and make an appointment |
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| Sex discrimination |
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| Under the 1975 Sex Discrimination Act it’s unlawful for an employer to discriminate against you because of your sex or because you are married. It’s also unlawful to discriminate against you because you’ve had, are having or intend to have, gender reassignment. This means someone, supervised by a doctor, who changes their gender. The discrimination can be ‘direct’ or ‘indirect’, deliberate or accidental. If someone is disadvantaged
at work because of their sex, marital status or gender, it is unlawful, and the employer should stop the discrimination. Sex discrimination laws cover almost all workers (men and women) and all types of organisations in the UK. |
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| Age discrimination |
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| Legislation has given all people of all ages the rights they have never enjoyed before. The Employment Equality (Age) Regulations 2006 give employees protection against discrimination, victimisation and harassment on the grounds of age. Most employers are aware of the term, but not all appreciate that the legislation has given rights not just the old but the young as well. If you have concerns in respect of any of the above, feel free
to call us to determine whether it we can be of assistance to you. |
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| Disability discrimination |
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| The Disability Discrimination Act 1995 makes it unlawful for an employer to treat a disabled person less favourably because of a reason relating to their disability, when applying for or during employment without a justifiable reason. Disability is defined under the Act as a physical or mental impairment which has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities. Employers must
also make a reasonable adjustment to working conditions or the workplace where that would help to accommodate a particular disabled person. There are a number of ailments recognized as a disability. Employers have a legal responsibility to take such steps as are reasonably practicable to prevent unlawful discrimination. This responsibility should extend to recruitment, selection, training, promotion and dismissal policies and practices .There are a number of ailments recognized as a disability. If you are living
with a mentally or physically challenging condition, it is best to seek legal advice to determine, 1-whether what you are suffering from, is a disability 2- what are the obligations of your employers. If you are being treated less favourably due to the aliment, you may have a claim against your employer. Call to discuss and make an appointment. |
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| Race discrimination. |
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| The laws against racial discrimination at work cover every part of employment. This includes recruitment, terms and conditions, pay and benefits, status, training,promotion and transfer opportunities, right through to redundancy and dismissal.The law allows a job to be restricted to people of a particular racial or ethnic group where there is a ‘genuine occupational requirement’. An example is where a black actor is needed for a film
or television programme. There are 4 main kinds of discrimination:1-direct discrimination - deliberate discrimination (e.g. where a particular job is only open to people of a specific racial group) 2-indirect discrimination - working practices, provisions or criteria that disadvantage members of any group (like introducing a dress code without good reason, which might discriminate against some ethnic groups) 3-harassment – participating in, allowing or encouraging behaviour that offends someone or creates a hostile
atmosphere (e.g. making racist jokes at work) 4-victimisation - treating someone less favourably because they’ve complained or been involved in a complaint about racial discrimination (e.g. taking disciplinary action against someone for complaining about discrimination against themselves or another person) Employers who don’t stop discrimination, harassment and bullying by their employees may be breaking the law. If you have concerns in respect of any of the above, please call for a discussion to determine whether
it we can be of assistance to you. |
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Maternity Rights
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| If you’re a mother to be who is an employee, you have the statutory right to a minimum amount of maternity leave. Your employer may also offer their own maternity leave scheme. Statutory maternity leave is for 52 weeks (if the week your baby is expected to be born starts before 1 April 2007, it is for 26 weeks, with an extra 26 weeks if you meet certain conditions).You may be entitled to receive Statutory Maternity Pay for up to 39 weeks
of the leave. To qualify for maternity leave you must be an ‘employee If you are unsure of your rights, then please call to book an appointment. |
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| Paternity Rights |
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| If you’re a father-to-be, or you’ll be responsible with a new baby’s mother for bringing up the child, you have the right to paid paternity leave providing you meet certain conditions. Find out more about those conditions and your rights. If you’ve worked for your employer before your partner's pregnancy began you probably have the right to paid paternity leave. If you are unsure of your rights, then please call to book an appointment. |
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| Equal pay |
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| The 1970 Equal Pay Act makes it unlawful for employers to discriminate between men and women in terms of their pay and conditions where they are doing the same or similar work; work rated as equivalent in a job evaluation study by the employer; or work of equal value. If you have cause for concern in respect of the above, then we can assist you in ascertaining the legal position and can commence negotiations with your employer
to rectify the situation and if need be commence legal proceedings in accordance with your instructions. |
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| Working Time Regulations 1998 |
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| govern a number of area of work, including Working time limits (the 48-hour week) , restrictions on night work, on holiday rights, rest breaks, overtime, working from home and piece work . Call to find out more about your rights and obligations. |
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| Flexible Working |
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| It's important to balance your work and home life. The right to ask for flexible working aims to help employers and workers agree on work patterns that suit everyone. Find out what flexible working is and how to apply for it.'Flexible working' is a phrase that describes any working pattern adapted to suit your needs. Common types of flexible working are1- :part-time: working less than the normal hours, perhaps by working fewer days per
week .2-flexi-time: choosing when to work (there's usually a core period during which you have to work) 3-annualised hours: your hours are worked out over a year (often set shifts with you deciding when to work the other hours) 4-compressed hours: working your agreed hours over fewer days 5-staggered hours: different starting, break and finishing times for employees in the same workplace 6-job sharing: sharing a job designed for one person with someone else 7-home working: working from home You can combine any
of these working patterns to come up with something to suit your circumstances. If you want to find out if you have the statutory right to apply or need assistance to prepare a case to convince your employer, please contact us. |
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