Employment

• Disciplinary and grievance issues
• Discrimination, bullying and harassment claims
• Compromise agreements and settlements
• The negotiation and preparation of employment contracts, service agreements and staff handbooks.
• Unfair, wrongful or constructive dismissal
• Claims in relation to breach of restrictive covenants, garden leave or inducement.
• Senior executives
• Parental and maternity rights
• TUPE Regulations

Disciplinary and Grievance Issues

The Employment Act 2002 and Employment Act (Dispute Resolution) Regulations 2004 introduced the concept of statutory disciplinary and dismissal procedures (SDP) and statutory grievance procedures (SGP) and set out when they would apply. Failure to comply with an SDP will render the dismissal automatically unfair. Failure to follow an SDP or SGP will in most cases result in an adjustment of compensation in relation to the defaulting party.
We can help you with the drafting of effective disciplinary and grievance policies and give both employers and employees with strategic guidance on any disciplinary and grievance issue.

Discrimination, bullying and harassment claims

Cases of discrimination can be highly complex, so it is essential to obtain expert advice at the outset. We can advise in relation to discrimination or harassment claims on the grounds of sex, race, disability, religion or sexual orientation.

We can advise employers or employees where issues of bullying in the work place arise.

Compromise agreements and settlements

A compromise agreement is where the employer offers an employee compensation or other some other incentive to enter into a compromise agreement and in turn, by signing the agreement, the employee gives up his right to bring an employment related claim against the employer.

We can prepare and negotiate compromise agreements on behalf of employers or employees and help avoid costly and often damaging litigation.

The negotiation and preparation of employment contracts, service agreements and staff handbooks

Contract disputes can arise when a contract's interpretation is unclear, when an employer wishes to change the terms, or when either the employer or the employee breaches the terms of the employment agreement.

As well as advising and acting in relation to contractual disputes, we can also negotiate your contract terms, and draft the employment agreement. We can prepare and review staff handbooks and policy documents to ensure that they are effective, protect the business and comply with the latest legal requirements. We can assist HR Managers in drafting office manuals, standard documents and procedures. We can also offer in-house training on key employment issues.

Unfair, wrongful or constructive dismissal

We can provided advice in relation to all aspects of the claim including the effect of any termination on confidentiality provisions or post termination restrictions.

Claims in relation to breach of restrictive covenants, garden leave or inducement

Disputes can arise when an employee leaves and starts work with a competitor, the employee may try to solicit customers or clients of his former employer or even staff. Sometimes an employee may leave taking client lists, confidential information or other property belonging to his employer.

Not only can we assist in ensuring that your employment agreements protect your business, our employment group can advise both employers and employees in relation to claims for breach of restrictive covenant and inducement.

Senior executives

Our employment group is experienced in advising senior executives and company directors on the employment law issues relevant to them such as restrictive covenants, bonuses, benefits, share options and tax.
We are also experienced in negotiating settlements and compromise agreements when the working relationship ends.

Parental and maternity rights

We can advise in relation to maternity and parental rights and flexible working requests and any dispute that may arise as a consequence of a refusal to grant a flexible working request or where a business reorganisation has taken place whilst an employee is on maternity leave.

TUPE Regulations

We can guide both employers and employees through this highly complicated area of law.