Employment Law for Businesses
We aim to support businesses through all stages of the employment relationship. We focus on creating and maintaining a sound legal framework for employers, applying a pragmatic approach.
We want to help businesses create kinder, fairer workplaces.
Contracts, policies and procedures
Contract
As an employer, you are obliged to provide your employees with written details of their employment confirming details such as start date, place of work and salary.
There is no such thing as a standard employment contract, as every employer is different and will have its own needs and requirements. Being clear about both parties’ rights and obligations at the outset can prevent disputes later on and, if issues arise, having the power to manage them effectively will reduce uncertainty for the parties involved.
Policies and Procedures
Discrimination and equal pay claims
- We aim to provide clients with the right tools to ensure they do not fall foul of the law in the first place, including:
- Getting the right contractual terms and policies in place.
- Regular training of HR, key personnel, and the wider workforce.
If an employer does not properly tackle discrimination issues the risks can be serious, potentially leading to claims, lengthy litigation, compensation and harm to corporate brands.
Employers who demonstrate that they truly embrace diversity, foster respect for individuals and do their best to promote equality through a logical approach, are best placed to attract the top talent, vital during both challenging economic times as well as more buoyant periods. Having effective policies in place ensures you are better placed to successfully defend any claims.
Should your business find itself facing a discrimination or equal pay claim, we are highly experienced to help build your defence, to negotiate settlements where necessary, and steer you through the tribunal process.
Family friendly legislation
- Having a child is an exciting time but it can also raise a wide range of workforce issues, including:
- Ensuring your employees are safe at work during pregnancy.
- Allowing employees to arrange time off for appointments.
- Leave.
- Pay and benefits.
- An employee’s role and working hours when they return after a period of leave.
Disciplinary and grievances
Holiday entitlement and holiday pay
Many of our clients ask for detailed, practical advice on holiday entitlement and pay to support them in making compliant and commercially sensible decisions. It can be a complex and uncertain area of law.
As an employer, you should continue to review how you calculate holiday pay, and if you have any queries, we can provide your business with specialist legal advice.
Recruitment and selection
Redundancy and reorganisations
The change process needs careful consideration in advance. If advice is sought early on, the process can be dealt with in line with your timescales.
There are many risks for employers and so the need to be conscious of the statutory framework alongside evolving case law on redundancy and reorganisations cannot be understated.
We offer practical, clear advice throughout the process. We are also happy to advise beyond a project’s conclusion, helping to make sure that any unanticipated complications are resolved as quickly and commercially as possible.
We are best placed to advise you when you are considering commencing a consultation process. We will advise on how to achieve commercial goals while adhering to the law, to manage the risk of claims and protect your legal position.
Restrictive covenants
Confidential information and knowledge of the business such as the identity of clients, client data, suppliers, workforce know-how and material concerning business strategy may be developed by employees during their time in an organisation.
Employers commonly anticipate that employees may seek to use this information after their employment has ended, either in setting up their own venture or to bring this information and knowledge to the table for a new employer, who may be a competitor.
To safeguard their businesses from such threats, many employers incorporate post-termination restrictive covenants into employment contracts. The standard post-termination restriction clauses which an employer may include to protect its key business interests are those relating to confidentiality, non-solicitation, non-dealing, non-competing and non-poaching.
Whether these restrictions are enforceable, or not, generally depends on a balance between the right of employers to protect their business and the right of employees to use their talent in business post-termination.
- In determining whether such a clause is binding, a court would review the following:
- Is the clause reasonably limited in time?
- Is the restriction reasonably limited in geography?
- Does the clause go further than is necessary to protect a legitimate business interest, i.e. client relationships, trade secrets or protecting the workforce?
Settlement agreements and severance packages
The settlement package will usually cover compensation for loss of employment, pension arrangements, references and benefits arising from the employment.
A settlement agreement ensures that the employee agrees to waive any legal claims (subject to a few which cannot lawfully be conceded) against the employer in return for a termination payment.
- Our team is highly experienced at advising on exit strategies and settlements including:
- The best tactics when looking to make a settlement offer to an employee.
- “Without prejudice” meeting scripts; together with tailored or template correspondence.
- Assistance with the negotiation of severance packages.
- Drafting settlement agreements bespoke to the particular circumstances.
Constructive unfair dismissal claims
- Constructive unfair dismissal arises where an employer has committed a breach of contract in such a way as to destroy or seriously impair the relationship of trust and confidence with the employee. Examples of breaches of contract by an employer entitling an employee to claim constructive dismissal include:
- Allegations of poor performance which are groundless.
- A reduction in pay, or not being paid at all.
- Being demoted without good justification.
- Disciplinary proceedings which are patently unreasonable.
- Harassment or bullying.
- A change in the nature of the job.
- Stress at work which has not been appropriately addressed.
- Failing to make reasonable adjustments where an employee has a disability.
- Being required to work in breach of health and safety laws.
Unfair dismissal claims
Wages, pay and benefits
- Equal pay
- Sick pay
- Holiday pay
- Maternity and paternity pay and benefits
- Auto-enrolment pension
- Deductions from pay
- Garden leave payments and benefits
- National minimum wage
Whistleblowing (protected disclosures)
A worker who has been unfairly treated may be able to bring a legal claim whilst a dismissal made in response to whistleblowing will automatically be an unfair dismissal.
A worker does not require any qualifying period of employment to bring a claim (unlike unfair dismissal) and the compensation that can be awarded is not subject to any upper cap (again, unlike unfair dismissal).
We regularly deal with high-value cases in this area of the law and can provide practical and effective advice to employers on the likely challenges to look out for in defending a whistleblowing claim.
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