Our Employment and Immigration team has tremendous experience of dealing with employment and immigration law issues across many sectors. Working with clients at the start and/or end of their employment, we take time to understand the very individual situation you are in, to provide the best advice in support of your objective.
We have significant experience in managing difficult issues and as such, we never sit on the fence with our advice, so if you need clear and strong direction, we are the employment lawyers for you. We can offer you options to solve your legal problem, meaning you can make a decision based on what’s right for you.
Director Appointments and Terminations
As a senior level executive or director, you offer a great deal of value to both the business you are leaving and the business you are moving to. As a result, it is highly likely that the employment contract you are exiting from and/or the contract you are going to will limit what you can and cannot do both during the engagement and after you leave. We recommend that you seek legal advice in the early stages of negotiations with your new employer so we can advise you on the legal implication of what you are signing and, where necessary, negotiate a better or more favourable deal for you.
We, and our complementary teams can:
- Advise you on the enforceability of post-termination provisions in your old contract (e.g. confidentiality, post-termination restrictions)
- Breach of contract issues
- Negotiating an early exit
- Report on the provisions of your new service agreement
- Negotiate the amendments to terms
- Advise on any associated shareholders agreements, bonus schedules
- Advise on share options
- Advising on settlement agreements
If you are an individual who requires advice on the terms of settlement agreement, we can help you.
We, and our complementary teams can:
- Advise on the terms of the settlement agreement
- Advise on contractual restrictions for poaching customers, colleagues, setting up in competition etc.
- Advise on the validity of pre-settlement negotiations (such as a protected conversations/ without prejudice discussions)
- Advise on bonus schedules, share options and/or shareholder agreements
- Negotiate amendments to the terms, including the settlement package with your employer/ their lawyer.
Poor Performance, Misconduct and Absence Management
If your performance at work is being managed unfairly, or you have been accused of misconduct or your sickness absence is being criticised, we can help to protect your position. We can also anticipate the next steps and help you to proactively manage the process.
- Advise you on the relevant policies and procedures including Disciplinary, Grievance, Capability/ Performance, Sickness Management, IT and Social Media etc.
- Guide you through the relevant process you are facing
- Advise you on any occupational health reports
Help you to interpret the relevant medical evidence
- Advise you on the implementation of reasonable adjustments
- Draft or check the documents you need to support the process, including emails, letters, scripts, guidance notes and investigation questions
- Advise you on how and what to collate in evidence and when to use it
- Advise you on any settlement negotiations (such as a protected conversations/without prejudice discussions).
Employment Tribunal Claims and ACAS Early Conciliation
If you are an employee who has been unfairly dismissed, suffered from discrimination at work, or underpaid by your employer you may want to bring a claim against your employer. Employment tribunal claims can be time consuming and stressful. Our team has extensive experience of representing employees in all types of tribunal claims including unfair dismissal, discrimination, whistleblowing etc. All of our solicitors are also experienced advocates. We can advise you, prepare your case and represent you at the hearing.
- Assess your potential claim and prepare your claim form (ET1)
- Report to you and/or your insurers on your prospects of success
- Assist in collating relevant evidence to support your defence
- Preparing List of Documents and Trial Bundles
- Prepare your witness statements
- Attend and represent you at a Preliminary Hearing and the Final Hearing (trial)
- Make applications to the Tribunal for evidence, witnesses etc.
- Help to negotiate a settlement direct, or through ACAS (via a COT3 agreement)
- Prepare a Settlement Agreement to settle your claim.
Changing Terms and Harmonisation
From time to time, as an employee, you will be faced with a request to change your terms and conditions of employment. Some changes will be minor, however some may have a significant impact on you and your family. As a result, you are likely to want to resist the change. Knowing your rights to refuse are vital, as refusal to accept a change in the face of a right to do so, can place your employment relationship in difficulty. Bluntly, this can be the difference between a fair variation of contract and an employment tribunal claim.
We can help with:
- Assessing whether there is a right in your employment contract to make the change
- The process for making an unlawful change
- The scope to lawfully dismiss and re-engage on new terms
- The withdrawal of benefits
- Collective consultation requirements (including elections and HR1)
- Union negotiations and collective bargaining
Insourcing, Outsourcing and TUPE
When your organisation sells or buys business assets, and when it insources or outsources business services, your employment might be affected. Under regulations that cover the transfer of employment (known as TUPE) and under other regulations covering consultation at work, you may have rights and your employer may have obligations. If you are unhappy with what is happening to you we can advise you.
We and our complementary teams can:
- Advise you on managing the TUPE process correctly
- Assist in dealing with employee representatives/unions as part of the consultation
- Guide you though any changes that you wish to make to terms and conditions
- Offer strategic advice and guidance on redundancies and restructuring of the business
- Advise on the protection of legal rights before and after sale/transfer
- Advise you on the effect of objecting to the transfer and in particular the impact this has on your post-termination restrictions etc.
- Prepare you for consultation meetings
- Bring claims on your behalf for your employer’s failure to comply with its legal duties under legislation like the Transfer of Undertakings (Protection of employment) Regulations 2006 (TUPE).