Continual changes in employment legislation and what may, at times, seem like an unceasing stream of employment case law being generating by our country’s courts and tribunals can often leave businesses feeling unsure as to what their obligations are to those they employ. Even the most diligent and conscientious of employers can find themselves caught out by the complexities, nuances and changes in employment law with serious financial consequences and reputational damage to their businesses sometimes being the end result. It is important, therefore, that employers receive accurate and up-to-date advice on this ever-evolving area of our law in order to mitigate risk and protect their interests.
Summerfield Browne offers a wide range of employment law services to employers, including those described below.
Chris is excellent at getting to grips quickly with our members’ legal issues, and giving practical, succinct and jargon-free advice.
The foundation of the employment relationship is the contract of employment between the employer and employee. Whether you are hiring a new member of staff or negotiating a contract variation with an existing employee, our employment solicitors can advise on and draft contractual provisions which are appropriate to the specific circumstances.
In addition to the contract of employment, it is advisable to have written workplace (or employment) policies and procedures in place. We also recommend that you ensure that your employment policies and procedures are regularly reviewed to ensure that they remain legally compliant and in accordance with the latest best practice. Examples of the types of employment policies and procedures on which we can advise include:
No business likes making redundancies. But on the occasions when redundancies are necessary for the long-term viability of the business, for example, it is crucial that the correct procedures are followed. Redundancies should always be treated with sensitivity and there is a requirement that employees be treated fairly. Conducting a redundancy process can be complex and time consuming and it is advisable to seek expert legal advice and assistance to minimise the risk of a claim.
Our employment solicitors can advise you on navigating this complex area of law, including:
The Transfer of Undertaking (Protection of Employment) Regulations 2006 (‘TUPE Regulations’) protect the rights of employees in the following scenarios:
The precise definition of a ‘service provision change’ is contained in reg 3(1)(b) of the TUPE Regulations, but can be summarised as covering the following three situations:
TUPE is a notoriously complex area of employment law. Therefore, if you are contemplating the sale or purchase of a business or are involved in a service provision change, it is advisable to consult specialist employment lawyers to ensure that you follow the correct procedures and are aware of all your obligations and liabilities under TUPE.
While we advise employers to have robust policies and procedures in place for handling disciplinary and capability issues, they do not operate as a guarantee against a disgruntled employee bringing a claim. Many claims of unfair dismissal and unlawful discrimination which reach the employment tribunal arise out of situations where management failed to correctly follow their own perfectly good procedures or misapplied a policy in the circumstances of a particular case. It is for this reason that we strongly urge employers to consider seeking expert advice where issues of misconduct or capability may be present, especially where the facts may be complicated.
Like with disciplinary procedures, all employers should have a clear, well-written and easily accessible grievance procedure, which, as a minimum, follows the ACAS Code of Practice on Disciplinary and Grievance Procedures. A written grievance procedure is an important document that explains how an employee should go about raising a grievance if they have a problem at work. Many grievances which arise in the workplace are handled informally, but, where an employee submits a formal grievance, the formal grievance procedure should be adopted. The handling and resolution of grievances can often become complex where there are two or more related grievances, a grievance is raised by an employee who is subject to a disciplinary process, or a grievance raises complex or sensitive issues. In scenarios such as these, seeking expert legal advice at an early stage is likely to result in a speedier resolution of the grievance and reduce the risk of an expensive legal dispute developing.
Unless an exemption applies, an employee must comply with the requirements for ACAS Early Conciliation before presenting a claim to an employment tribunal. Once the procedure is initiated, ACAS is under a duty to “endeavour to promote a settlement” of the dispute. Where a settlement can be reached, it will usually be recorded in a legally binding agreement known as a COT3.
Summerfield Browne’s employment solicitors can advise on the pre-claim conciliation process and on the negotiation of any terms of settlement to be included in the COT3 document.
If you have received an employment tribunal claim our employment lawyers can advise you on your prospects of successfully defending the claim as well as assist you at every stage of the tribunal proceedings, including: