Contracts
The chances are that your Employer has already prepared a contract drafted by his own lawyers. This document does not mean that you have to accept it all. Read through it carefully before signing.
In particular you will want to check that the remuneration and benefits match what you have been promised.
Do not be afraid to negotiate any special terms or the exclusion of standard terms.
If you are a Senior Employee you may well want to tailor certain terms and your prospective Employer may well expect you to take legal advice before committing.
If you would like assistance please use the contact form.
Termination of Employment
If you feel vulnerable because your Employer is seeking to impose changes in your contract, you fear the possibility of termination for some other reason or you are facing disciplinary action, seek legal advice at the earliest opportunity.
You may understandably not want your Employer to know you have sought legal advice and it is true that the premature introduction of lawyers can lead to entrenchment!
Our experience is that clients have benefitted substantially from simply knowing where they stand in their particular matter. This has allowed them to go back to their Employer with greater confidence and a clear set of objectives.
Statutory Rights
There is a whole host of these.
If you think a statutory right has been infringed seek advice.
We can advise you of the implications, what redress is available, and how to raise the matter with your employer.
Whistle-blowing
This is a highly complex area. Before taking any steps familiarise yourself with your Employer’s Whistle-blowing Policies.
Seek early legal advice. Cases have failed where Employees have made assumptions about what constitutes a disclosure and proving the connection between the making of the disclosure and the way they have been subsequently treated.
Compromise Agreements
Employers use these as the only method of ensuring that you give up your statutory rights.
An Employer may offer them in cases of redundancy where in exchange for enhanced redundancy terms he merely seeks a promise that there are no outstanding issues that need to be addressed with you. Alternatively, there may be major issues and your Employer wants you out, perhaps circumventing due process. There is nothing wrong with a Compromise Agreement being offered. Indeed, you may be happy to leave. You will want to know that the terms offered are fair in the circumstances of your particular case.
A necessary condition of an effective Compromise Agreement is that you are independently advised. Your Employer will pay Solicitors fees in connection with such advice.
Please see our document: “Compromise Agreements – Tips for Employers and Employees”.
