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| Assisting you to manage your staff and materialise the full potentials of your business every step of the way, from recruitment to retirement. |
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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.
» Specialist mandatory training for care homes on POVA.
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.
We draw up strategies for clients to achieve their objectives with a view to promoting their aim and ethos at work and preventing successful claims against them. We 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 also draft letters to the employees on the client’s behalf in accordance with the legal procedure and client’s instructions.
Advice is provided on the procedure and drafting documents in respect of: |
| 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. The proper drafting of the document is of paramount importance, especially in the light of the recent Employment Tribunals and Employment Appeal Tribunal decisions, which have allowed employees to commence claims against their employer despite
the existence
of a compromise agreement merely due to drafting oversight by the employers. Upon taking detailed instructions, we draft bespoke compromise agreements for employer to give to their employees. Please call or e-mail to discuss. |
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| Disciplinary and Grievance procedures, |
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| If an act or omission by your employee has come to your attention, which gives you cause for concern, you need to take certain steps. By the same token, if your employee has complained to you about any issues at work, you are under an obligation to take certain steps. We advise on the steps required in accordance with The Employment Act 2002(Dispute Resolution) Regulations 2004 and advise on the repercussions of omitting
to engage in
the procedure. Book a consultation to ascertain your contractual and statutory rights and obligations. |
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| Dismissals; Unfair dismissal, automatic unfair dismissal, wrongful dismissal and remedies. |
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| If you are contemplating dismissing an employee, please seek legal advice before doing so, to reduce the chances of a successful claim against you. If you have already dismissed an employee and have received an Employment Tribunal Claim Form ET1, then please call to discuss and make an appointment. An employee with one year’s service has the right not to be unfairly dismissed. However employees with under one year’s service
can also
pursue a claim for constructive dismissal and wrongful dismissal as well as automatic unfair dismissal in certain circumstances only. Those circumstances are limited and governed by law. Please call to discuss. |
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| Employment Tribunal Claim Form ET1 |
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We provide advice on the merits of the claim against you and will advise you and draft and return your defence/ response in a Form better known as ET3 to the Employment Tribunal. Depending on the circumstances and subject to your instructions we may settle your claim by writing or communicating with your employee, their legal representative if they have instructed one, or ACAS. If this is not possible and your employee wishes to continue to pursue a claim through the employment
tribunals or courts, a quote of estimated legal cost will be provided to you. We arranges representation in the Employment Tribunal on your behalf.
Solicitor usually instructs 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
defence 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 your staff and highlight their short comings Use the procedure astutely and harness your employee’s talents to suit the needs of your business. Please call to discuss |
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| Redundancies |
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| Potentially fair reason for dismissal, but only potentially, one procedural step missed and you could have an unfair dismissal claim on your hands. Redundancy 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. It is best to be advised. |
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| TUPE Transfer of Undertakings |
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| When you are buying or selling a business or a part of a business, what are you actually taking on? what are you transferring? 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, 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, the 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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| It is an issue faced by all employers and a good many a months working time is lost by employees going off sick. This area of managing the work force is fraught with difficulties, as being heavy handed can result in, at its best a grievance and at its worst a disability discrimination claim. We draw up management strategy for your businesses, and draft letters to be given to the employees to mange the sickness absences and
reduce the
chances of a successful claim against your business. |
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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 an employee because of their gender or because they are married. It’s also unlawful to discriminate against an employee because an employee has, 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. Sex discrimination laws cover almost all workers (men and women) and all types of organisations in the UK. |
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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, or your employee has complained to you, then
please call for a discussion to determine whether 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 .Please call to discuss your concerns. |
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| Age discrimination |
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| Legislation has given individuals 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 mature but the young as well. If you have concerns in respect of any of the
above, feel
free to call for a advice. |
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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 are in the process of re-evaluating your pay structure, or your lesser paid employee has complained to you then we can assist you in ascertaining the
legal position
and will advice you on the best course of action to be adopted.
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Maternity Rights
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All mothers to be, who are employees, have the statutory right to a minimum amount of maternity leave. Employer may also offer their own maternity leave scheme. Statutory maternity leave is for 52 weeks (if the week the baby is expected to be born starts before 1 April 2007, it is for 26 weeks, with an extra 26 weeks if the employee meets certain conditions).Employees may be entitled to receive Statutory Maternity Pay for
up to 39 weeks of the leave. To qualify for maternity leave a worker must be an employee.
If you are unsure of your rights and obligations as an employer, then please call to book a consultation.
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| Paternity Rights |
| If you have a member of your staff who is a father-to-be, or he will be responsible with a new baby’s mother for bringing up the child, he has the right to paid paternity leave providing he meets certain conditions. Find out more about those conditions. Give us a call. |
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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 us to find out more about your rights and obligation and the repercussions of failure to comply. |
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| Flexible Working |
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| 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 are: part-time: working less than the normal hours, perhaps by working fewer days per week .flexi-time: choosing when to work
(there's
usually a core period during which you have to work) -annualised hours: your hours are worked out over a year (often set shifts with you deciding when to work the other hours) -compressed hours: working your agreed hours over fewer days -staggered hours: different starting, break and finishing times for employees in the same workplace -job sharing: sharing a job designed for one person with someone else -home working: working from home. If you have received an application/ request from your employee to work flexible
hours, call us find out the details of the procedure an employer need to engage in. There ascertain very limited statutory grounds on which an application for flexible working can be rejected. We can advise you on your organizations’ ability to, and procedure to reject a flexible working time application .Call to book a consultation. |
| WILLOW AT WORK provides “Training Sessions” in respect of all employment law issues. Prevention is better than cure. |
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Specialist mandatory training for care homes on
POVA
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Our specialist consultants have over 15 years of experience as practicing Registered General Nurses in
addition to being qualified solicitors
with particular expertise in compliance issues for nursing homes in relation to
regulatory bodies such as CSCI: Commission for Social
Care Inspection and PCT: Primary Care Trust. We can also
provide training to assist your carers in obtaining NVQ
level 2 and 3.
Contact us for all your mandatory training on POVA :Protection of Vulnerable Adults and we can discuss your
needs and tailor training requirements
accordingly. |
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