Employment Law
Employment law has become increasingly complex in recent years, particularly with the impact of EC directives. There are many pitfalls for the unwary employer. For instance, dismissal of an employee on the grounds of pregnancy is automatically unfair. Further, it can amount to sexual discrimination with unlimited damages. It is vital to be aware of your obligations and to fulfil them. Timely advice from experts is important and can lead to significant long-term savings.
Contracts of Employment
Most employers are aware of the need to give employees written particulars of their terms of employment. Basic terms may be sufficient in some cases, but it is generally wise to prepare a full contract of employment covering a wider range of matters. Senior employees will almost certainly require a written service agreement. You might, for instance, consider including in your contracts:
- Terms requiring your employees to move elsewhere if your business relocates
- Garden Leave provisions
- Restrictive covenants to protect your business – worded properly otherwise they may not be enforceable.
As a business develops, an employer will often wish to introduce new terms of employment or working practices. Existing contracts can be varied successfully if the change is handled correctly. If a business is transferred, the effect upon accrued employment rights is an area where specialist guidance will be needed.
Disciplinary Matters, Dismissal and Redundancy
Staff disciplinary matters must always be handled carefully and consistently, with fair and proper procedures. Handling dismissals and redundancies correctly should avoid claims in the Employment Tribunals or Civil Courts. You may need our advice to ensure that these matters are handled correctly and that employees are paid any sums which are legally due to them.
Disputes
The law covering industrial action is complicated and is changing rapidly. Employers have been given new powers and rights. Prompt and expert guidance will usually be required through this delicate area. If proceedings are brought in a Court or Employment Tribunal, you will need someone who is experienced in deal with such claims.
- We can offer you independent and objective advice on how best to deal with them.
- Where necessary, we can negotiate a fair settlement to avoid unnecessary costs.
- If appropriate, we will represent you to defend your position.
Discrimination and Equal Opportunities
Employers must particularly be aware of:
- Race, sex, and disability discrimination legislation
- The requirements for equal pay for work of equal value
- The increasing importance of maternity rights
- Religious belief and sexual orientation discrimination, and new age discrimination legislation