Employment Contracts
Avoidance of uncertainty is the best recipe for any business contract. This is particularly true in employment contracts.
Both Employers and Employees benefit from clear well written contracts and employment policies.
As an Employer you have a minimal statutory obligation to provide all Employees with a statement of particulars of their employment.
If you need to spell out mutual obligations in more detail (for example mobility clauses, restrictive covenants, intellectual property rights, your right to recover a loan from your Employee) then you need to protect yourself with express contractual provisions.
Remember: prevention is better than cure. Employees have increasing access to good advice. We can assist you by drafting and advising upon contracts of employment and employment policies.
If you would like assistance please use the contact form.
Directors’ Service Agreements
Directors and Senior Employees are likely to need more detailed agreements. We will tailor these to meet the requirements of your particular business.
If you would like assistance please use the contact form.
Employment Policies
Regarded by some lawyers as the “soft” end of employment law, they are equally important to an efficient well-managed workforce as the “hard” contractual obligations. They can deal with a whole range of issues such as how you will deal with privacy, data protection, whistle-blowing, dress, smoking and so on.
They will not only guide Employees on how you expect them to behave towards you but also towards one another.
We can advise you and draft policies suitable to your business needs.
If you would like assistance please use the contact form.
Dismissal and Disciplinary Procedures
Despite a change in the law in April 2009 the need for establishing and applying a fair procedure is as important as ever. Failure to have and to apply a proper process could lead to claims of unfair dismissal.
We can advise you on and draft suitable procedures.
If you would like assistance please use the contact form.
Redundancy
Particularly in hard economic times this is an essential process for efficient management of your workforce. But remember that processes must be fair, statutory rights must be observed, and statutory redundancy payments may be payable. Care must be taken to meet contractual obligations.
We can offer advice and assistance at all stages of the process. If you would like assistance please use the contact form.
Unfair Dismissal
We know from experience that many Employers hold back from the final step of dismissal, for fear of a claim. Hesitation, mismanagement and fear are all detrimental to your business. Decisive action with the benefit of sound advice is far better.
We also recognise that time and money spent defending a claim is time and money lost to your business. In commercial terms even claims of little merit may have to be compromised. We will always be frank concerning the cost/benefit/risk ratio of any claim.
Our first task will always be to avoid or reduce the risk of a claim.
Often the best way forward is to seek an early compromise.
If you would like assistance please use the contact form.
Discrimination
This is a growing and increasingly complex area of law. We have noticed how easily established and tolerated practices have fallen foul of anti-discrimination legislation, particularly in the area of age discrimination. Very simply, you must ensure that your conduct as an Employer is objectively justified on non-discriminatory grounds. Problems can be avoided with a combination of careful consideration and sound advice.
If you would like assistance please use the contact form.
Disability
The rights of the disabled are well protected by the law. Discrimination on grounds of disability is unlawful but it can happen easily without any ill-intent on your part as an Employer. Do not make assumptions about what constitutes a disability; it could be quite unexpected.
Further there is an obligation on Employees to make reasonable adjustments to meet the needs of a disabled person. This might be something as simple as changing roster patterns. It does not mean that your business must be put to excessive or unreasonable expense.
Be sure to take advice well in advance.
Be aware that continual persistent health problems may indicate a disability issue.
If you would like assistance please use the contact form.
TUPE
This stands for the Transfer of Undertakings (Protection of Employment) Regulations. Where an undertaking is transferred from one business to another all Employees formally employed by the first company are automatically transferred to the other. The “new” Employer takes on the Employees on their existing terms and conditions.
The Regulations impose obligations on information and consultation. Failure to comply could result in affected Employees receiving up to 13 weeks salary.
In the due diligence process care must be exercise in identifying Employees likely to be affected by business transfer, and statutory obligations then observed.
If you would like assistance please use the contact form.
Compromise Agreements
An Employee cannot contract out of rights conferred on him by statute for his protection. The only way that he can give up those rights is by signing a Compromise Agreement. Strict conditions have to be met to ensure this is effective. This includes that the Employee must be independently advised. You the Employer will pick up the cost of that adviser. It is in effect a premium for the insurance policy against any future claims by the Employee.
We can draft Compromise Agreements but would recommend that you negotiate the principal terms.
Please refer to our guide: “Compromise Agreements – Tips for Employers and Employees”.
If you would like assistance please use the contact form.
