Employment

We can advise and assist both employers and employees on all aspects of employment law.

Employment law for Businesses

The basic principle of the way that we approach employment law is that prevention is better than cure - that is, put sound procedures and principles in place first, so that you reduce the chances of ever appearing before an Employment Tribunal. It is important therefore to talk to us when you are drafting Terms and Conditions of Service, or Disciplinary or Grievance procedures for example.

Our experience in Employment Law allows us to cut through the legal complexities and give you a practical and workable solution to your employment and Personnel issues. But, if the worst comes to the worst and you are faced with a claim from an employee we will assist with the litigation aspects of employment and arrange representation for you at Employment Tribunals or in Court.

Employers who are faced with (or seek to reduce the risk of) a claim by one of their (ex)employees, need to appreciate that this is a technical area of the law.

Strict rules and procedures governing hiring, grievance, dismissal and discrimination should be complied with. Failure to do so may result in legal action being taken against the employer. Many costly disputes can be avoided if 'best practice' is adopted early and full legal advice taken to help shape a company's internal policies.

If an employee brings a claim the employer must put in a defence within 21 days. It is crucial to meet this time limit (or get an extension from the tribunal) otherwise the employer may lose its chance to defend the claim. The employer must then collect evidence in support of its case.

In the intervening period, the employer's solicitor may try to negotiate an 'out of court' settlement. But if not successful, the employer will need to prepare for the hearing. It will have to present its case to a panel of three and be ready to answer any questions put to it. In the last three years, the maximum amount of compensation which may be awarded for unfair dismissal increased by nearly 400% to £58,900.

Employment law for Employees

Employees often have questions about their employment or employer. For example, questions often arise surrounding unfair dismissal. The most common remedy is compensation. The law on unfair dismissal is highly technical. Three central questions have to be considered:

i) does the employee qualify to bring a claim?
ii) did the employer have a legally 'permissible' reason to dismiss the employee?
iii) was the dismissal procedure 'fair' (as defined by law)?

Often, it is possible to combine a claim for unfair dismissal with other claims, eg for redundancy and / or discrimination (sex / race). An employee must start his/her claim within 3 months of the 'effective date of termination'. What this date is depends on how the employment ended. An employee who misses this date may not be allowed to make a later claim.

The employee must then collect evidence in support of his/her case. In the intervening period, the employee (or his legal advisor) can try to negotiate an 'out of court' settlement. But if these fail, the final stage is a tribunal hearing. At the hearing both parties will have to present their case fully and be ready to answer questions from the other side. Often, the employer will be represented by a solicitor and / or barrister.