Employment law and support for business
Recent years have brought significant change to employment law meaning that employers need to remain focused and pro-active in obtaining advice and support to ensure that they are compliant.
While smaller organisations may have the benefit of some leniency when it comes to employment processes, this cannot be taken for granted. Even the smallest of entities, still have legal obligations under employment legislation and should have relevant polices and procedures in place to provide adequate protection in the event a decision is challenged.
If a dispute or a grievance arises, an employer needs to investigate the issue fully, in accordance with their own policies and procedures and engage in early and discussions with all concerned, to resolve the issue promptly. If the issue is not dealt with quickly or it cannot be resolved, this may lead to a disgruntled employee pursuing a claim to an employment tribunal.
Our employment specialists at Tayntons have extensive expertise in employment law and providing guidance and support to assist you to deal with any disputes or grievances that may arise. Our approach is pro-active and realistic. We will talk you through the processes and provide practical advice on what to do next.
An employee is entitled to receive a contract of employment within the first two months of employment. The employer is responsible for ensuring the employee is provided with certain information within the contract such as rate of pay, place and hours of work, entitlement to holiday and sick pay.
It is best practice for an employer to also have in operation a staff handbook comprising policies and procedures such as grievance and disciplinary procedures and an, equal opportunity policy. These policies are in place to ensure that issues arising in the workplace are treated fairly and consistently.
We recommend that contracts and company handbooks are reviewed and updated on a regular basis (at least every two years). We offer a free contract health check to make sure that your company has the most suitable contracts, policies and procedures in place.
Employment Tribunal claims
When faced with an Employment Tribunal claim, it is important to know that you are in safe hands in defending it. We have excellent commercial awareness and will manage your expectations from the outset, ensuring that the advice we provide is focused with a clear goal of getting the matter resolved as quickly and efficiently as possible.
We offer practical legal advice regarding employment tribunals. Typical issues coming before employment tribunals include:
- Unfair dismissal
- Constructive dismissal
- All types of discrimination
- Maternity, paternity and parental issues
- Equal pay
- Detriment claims
- Unlawful deduction of wages
- Breach of contract
Early Conciliation and Mediation
Defending claims before an employment tribunal can be a costly and time consuming process. Since 6th May 2014, it is mandatory for an employee pursuing an employment tribunal claim to first notify the Advisory, Conciliatory and Arbitration Service (ACAS) to give the parties the opportunity to settle or resolve the potential claim amicably through Early Conciliation (EC). If the parties are not willing to engage or a settlement is not achieved, the employee can then bring their claim to the Employment Tribunal. For further information about Early Conciliation, you may find it useful to refer to the ACAS website and review the step by step guide: ACAS
At Tayntons, we offer assistance and representation during the Early Conciliation process to ensure that if there is scope to reach a settlement, it is one that is viable for the business.
At Tayntons we provide specialist advice and guidance on the drawing up of settlement agreements. These are put in place for employers who have the need to restructure the business, resulting in a redundancy exercise or who wish to protect themselves from potentially contentious termination or severance decisions. We have previously provided on site assistance to employees of large organisations that unfortunately faced mass redundancy exercises; resulting in site closures.
A free initial consultation is available with our Gloucester employment law solicitors here at Tayntons. Our service is always personalised with an experienced professional involved in your case. Call us on 0800 158 4147 or use our online contact form to get in touch regarding your employment issues.0800 158 4147 firstname.lastname@example.org