Employment

Employee liabilities are a paramount concern when restructuring an organisation or acquiring a business.  During such changes, we advise across multiple sectors on employment issues, ensuring that employee obligations are dealt with efficiently.

TUPE

When there is a change of ownership, the employees of a business are commonly protected under the Transfer of Undertakings (Protection of Employment) regulations 2006 (TUPE).  This applies to mergers, acquisitions, outsourcing, and bringing services in-house.

Failure to fully comply with TUPE can result in substantial penalties, statutory offences and employee claims.  Businesses therefore need to manage employee transfers with care.

in preparation for a merger or acquisition, we work with clients to ensure that all necessary information is provided to employees and their representatives, and that correct procedures are followed in any necessary consultation.

Likewise, in taking on employees, we can put together details of any proposed changes for their previous employer.  We also advise on the liabilities including any associated costs, such as redundancy payments.

Redundancies

When taking on a new enterprise, there is a legal duty to minimise or prevent redundancies wherever possible.  We advise clients who believe redundancies are necessary, that there needs to be a fair reason to reduce the risk of potential unfair dismissal claims.

Collective consultation is required If there are 20 or more affected employees.  We guide clients through the steps of this mandatory legal process: advising former employers, giving the correct notice, informing and consulting, creating a fair selection pool of potential candidates, applying selection criteria, notifying employees and calculating redundancy pay.

Company directors must comply with the provisions of the Companies Act 2006.  Failure to comply with directors’ duties can result in legal action, potential disqualification as a director, and personal liability for losses.  In dealing with these complexities, we advise businesses on how to remain fully compliant.

We represent company directors in businesses of every size, advising on regulations, correct procedures and managing recording and reporting requirements.  We also deal with alleged breaches of directors’ duties.

The Companies Act requires directors to:

• Act within their powers
• Avoid conflicts of interest
• Declare any personal interest in a transaction
• Exercise independent judgment
• Exercise reasonable care, skill and diligence
• Not to accept benefits from third parties
• Promote the company’s success

Directors must maintain proper records, file appropriate information with Companies House and produce company accounts.  They also have responsibilities in respect of financial regulation compliance, solvency, and health and safety laws.

Breach of directors’ duties

Failure to comply with their duties can have serious consequences for directors – at worst, imprisonment and financial penalties for breaches which are classed as criminal offences.  When their company suffers losses, they may also be personally liable for substantial damages.

Advice and representation

We advise clients on complex compliance issues, including conflicts of interest, interest in a proposed business transaction and accepting benefits.  In areas that can be difficult to navigate, our team ensures that they do not act beyond their powers.

Our Employment team also represents directors facing allegations of misconduct or potential disqualification.

Grievances and disciplinary issues can be disruptive and potentially damaging.  Having the advice of an expert employment lawyer early on means that you can handle difficult issues effectively before the issue becomes entrenched.

Our Employment team understands the challenges of managing disciplinary action and grievances and how important it is to resolve them promptly.  We work to find an acceptable solution quickly to prevent matters from escalating.

We always aim to find a resolution that avoids legal action, advising on best practice and implementing the right processes so that everyone understands their rights, responsibilities, and disputes mechanisms.

Services for employers and HR managers

When dealing with disciplinary issues and grievances, it is crucial to follow internal procedures.  As a minimum, these should follow the ACAS Code of Practice on disciplinary and grievance procedures as well as complying with current employment legislation.  We guide clients, ensuring that they do not become inadvertently exposed to the risk of a legal claim.

Our comprehensive service includes:

• Advising on and managing disciplinary issues
• Advising on and managing grievances
• Drafting disciplinary and grievance procedures
• Employment appeals tribunals
• Employment tribunals
• High court cases
• Negotiating with employees’ solicitors where necessary
• Representing you in defending legal action by employees

Expert advice

In advising clients of their rights and responsibilities, we offer practical recommendations.  Wherever possible, we aim to resolve matters without a hearing.  If a hearing is necessary, we represent clients robustly.

We can draft internal disciplinary and grievance procedures, working with clients to create a strong legal framework designed to avoid conflict issues.  In forging strong working relationships, we become their trusted advisers.

We are recognised as employment specialists by assorted media.

An employment contract forms the foundation of the working relationship between employer and employee.  It should set out the essential rights and responsibilities so that each party understands what is expected of them.

A sound employment contract reduces the risk of disputes arising and provides a robust framework for the employer-employee relationship.

We represent employers, HR departments and employees in putting the right employment contract in place.  Our Employment team has broad experience across multiple sectors and levels of employment, including senior employees, directors and executives.

Employment contracts for employers

We make it our business to understand our clients’ business, delivering employment contracts that suit their needs.  We draft bespoke contracts and update existing agreements.  We protect their business by including the following clauses:

• Confidentiality
• Non-compete and non-solicitation
• Payments in lieu of notice
• Flexible working and email monitoring
• Garden leave
• How intellectual property will be dealt with

Employment contracts for employees

We advise individuals on new employment contracts or amendments to an existing contract by their employer.  Where necessary, we can negotiate terms to ensure that the contract is in a client’s best interests and accurately reflects what is agreed with their employer.

Making sure that we understand the risks facing our clients, we assess the strength of each employment dispute on its merits.  We defend cases at employment tribunals, employment appeals tribunals and at court.

Wherever possible, we aim to resolve these disputes through negotiation.  We also use alternative dispute resolution, such as mediation, to reach an acceptable solution.  Where this is not possible, we put together a strong case for an employment tribunal or court.

Correct procedures must be followed throughout: if mistakes are made, a tribunal may penalise those responsible.  Our Employment team ensures that proper protocols are followed, that clients are thoroughly prepared for the court or tribunal hearing, and that their case is presented by an expert employment law advocate.

To comply with employment rules and regulations, employers must have robust policies and procedures in place.  If employment legislation is breached, businesses are at risk of claims.

Effective regulatory compliance not only reduces the chance of legal action, but also guarantees that the business-employee relationship has the right legal basis.  Should a claim arise, it provides reassurance that no penalty will be levied for breaching employment rules.

Beyond compliance, we draft supporting documentation such as employee handbooks, procedures and policies.  We also defend clients who face action from professional bodies and regulators:

• Advising on compliance and creating compliance strategies
• Compliance audits
• Drafting compliance documents to include contracts, handbooks and policies
• Drafting statements such as data protection and modern slavery statements and gender pay reports
• Legal representation in respect of alleged breaches of compliance
• We support employers in complying with laws and regulations

We work with business to identify where compliance is needed and implement the right framework: drafting the necessary documentation, dealing with reports to regulators and their compliance enquiries, as well as issues such as GDPR and data protection, collective consultations, working time regulations and minimum wage issues.

An employment contract may be terminated for different reasons: redundancy, dismissal, resignation, the end of a fixed-term contract and retirement.  In each circumstance, the correct procedures must be followed to avoid potential claims.

Or team deals with employment contract termination for a diverse range of clients, giving them advice on their rights and responsibilities and ensuring that the correct processes are followed.

Redundancy

The redundancy process is multi-faceted: employers must go through each stage thoroughly and carefully follow the relevant procedures.  Employers need to have a valid reason for making someone redundant and are required to consider whether other options are available, such as reducing overtime or retraining staff to work elsewhere in the organisation.

All affected employees need to be informed in writing that redundancy is being considered and why, whether there are other options, and how the procedure will be conducted.  As part of this consultation, any suggestions by affected employees need to be taken into account.  Where 20 or more are at risk, a collective consultation procedure must be undertaken which carries significant legal duties.

A pool of candidates must be put together and advised of the selection criteria that will be used.  It is mandatory that this complex process be conducted fairly to prevent claims for unfair dismissal.

Dismissal

A fair reason is needed to dismiss an employee, such as conduct, capability, redundancy, or some other substantial reason.

Where dismissal arises because of something the employee has done or not done, reasonable attempts must be made to deal with the situation, unless it is an issue of gross misconduct.

In considering making redundancies or dismissing an employee, our team can advise on the necessary steps to minimise the risk of a claim being made.

Advice for employees

We also advise employees who are facing redundancy or dismissal.  We ensure that the correct procedure has been followed and, where appropriate, bring a claim for unfair or constructive dismissal on their behalf.

Where an employment dispute cannot be resolved, it can be decided by an employment tribunal: a last resort after other attempts to find a solution have failed.

We represent employers and employees at employment tribunals, as well as at the Employment Appeals Tribunal and at court.  If an agreement cannot be reached, we can put together a strong case for our clients.

Our team has many years of experience in dealing with employment litigation.  We know that legal action can be stressful for employees and disruptive for employers and so we always do everything possible to move a case along.

Representation for employers

If you have been notified that an employee or former employee is taking your business to an employment tribunal, you are strongly advised to speak to a solicitor as soon as possible.  If you ask us to represent you, we will make sure the correct process is followed and that you are represented by an employment expert during the hearing.

Representation for employees

As an employee, it can be daunting to bring a legal case against your employer.  We can help to ensure that the right procedures are followed and provide support through the early conciliation process, where necessary. If possible, we can negotiate a settlement on our client’s behalf, or if their claim goes to an employment tribunal, we ensure that they have the necessary support throughout.