Employment
We are experienced in providing advice for employers and employees on their rights and obligations under Employment Law legislation.
Employee Advice
We can offer advice to employees at any stage in their relationship with an employer. This may arise when an employee feels that he or she has a potential claim against their employer but it reluctant to commit themselves to a decision without taking legal advice. We can help in that situation by providing guidance and advice on the legal position and how to deal with the matter on a practical basis.
The need to consult a solicitor may arise as a result of being dismissed or being made redundant. Dismissal procedures have to be strictly followed by employers in order to be considered fair and it is therefore important to get legal advice on whether or not the correct procedures have been followed. Sometimes, an employee has to resign because of the conduct of the employer which may entitle the employee to bring a claim for constructive dismissal. The law in relation to this is complex and we are able to offer specialist advice. In a redundancy situation, there are strict rules that relate to consultation with employees which have to be followed in order to make any dismissal fair. Again, we can provide advice on whether you have been fairly treated in such a situation.
Advice for employers
We can advise on the drafting of contracts of employment, disciplinary and grievance procedures and all other aspects of the paperwork required by you to ensure that you comply with current legislation and procedures such as internet or e-mail policies. Remember, it is always better to be in control of the situation before a problem arises and this can only be done by careful examination of the procedures and paperwork you have in place at the earliest possible opportunity.
Since October 2004 there have been strict procedures in place in relation to dismissals which require all employers to have minimum disciplinary, competency, dismissal and grievance procedures in certain circumstances. Any failure to follow the statutory process before dismissing an employee will nearly always make any dismissal automatically unfair.
Many employers still do not have theses procedures in place and they would be vulnerable to any claim brought by an employee who was dismissed in such circumstances.
It is also vitally important to remember that contract documentation can go out of date. Recent legislation, for example, on Age Discrimination means that many employers' documentation would no longer comply with the law. We are well placed to advise you on either drafting new documentation from scratch or reviewing your existing documentation. The cost involved in undertaking this exercise is usually far less than the cost of having to pay for one unfair dismissal claim which might only succeed because your paperwork and procedures were not in order, not necessarily because the employee had a good claim.