OUR AREAS OF LAW

 We can advise both employers and individuals on all aspects of employment law.

We can act on all employment-related matters, from the grievance procedure and disciplinary proceedings, through to the Employment Tribunal and the appeals process. 

We can offer a range of employment law solutions and services for employers, including advising on the following:

• Business Restructures and Reorganisation
• Business Transfers and TUPE
• Contracts and Policy Documents
• Settlement Agreements
• HR Issues (including grievance and disciplinary procedures)
• Diversity and Discrimination Issues
• Restraint of Trade and Enforceability of Restrictive Covenants
• Tribunal and Court Representation

We can provide advice to Human Resources Professionals on a broad range of employment issues, including recruiting, hiring, employee relations, disciplining, internal investigations and terminations. We tailor our services to the needs of our clients.

We offer an advice and drafting package tailored to your needs, which includes the following:

• Legal advice helpline
• Drafting and reviewing contracts and policies
• Drafting and negotiating Settlement Agreements.

We can advise Employees on all employment-related matters, from the grievance procedure and disciplinary proceedings, to the Employment Tribunal and the appeals process. 

Our services include advising on the following::

• Employment Contracts and Policy Documents
• Grievance and Disciplinary Procedures
• Dismissals (wrongful, unfair and constructive)
• Discrimination Claims
• Accident at Work Claims
• Redundancies
• Settlement Agreements
• Restraint of Trade and Enforcement Actions
• Tribunal and Court Representation

We also offer advice to victims of accidents at work. We can advise you in relation to your employment rights, and assist clients in bringing claims against employers if they have been discriminated against for bringing a claim, or if clients’ employment rights have in any way been contravened by their employer. 

Unfair Dismissal is where an employee is dismissed and the reason for the dismissal is not a proper one, the latter being a reason that is justifiably based on conduct, performance, or proper redundancy processes. Dismissal based on otherwise proper reasons might nonetheless be unfair if an adequate disciplinary or performance procedure is not followed. 

The concept of dismissal includes Constructive Dismissal. The latter is where an employee is not explicitly dismissed, but the employer acts in such a way as to irrevocably sever the relationship of trust between employer and employee by, for example, allowing the employee to be bullied or harassed, making false accusations against the employee, or not paying the employee.

There is a qualifying period of two years’ employment. Claims can be submitted to the Employment Tribunal, however, before a complaint is submitted to the Tribunal, the potential claimant must register the dispute with a statutory dispute resolution body, namely the Advisory, Conciliation and Arbitration Service or “ACAS”, as it is commonly known. ACAS will contact the potential claimant’s employer to see if the dispute can be resolved without resorting to the Tribunal; sometimes this is possible, but often it is not. 

The time-limit for making an Employment Tribunal claim is usually three months from the date of termination of employment. Successful claimants are usually entitled to: (1) a basic compensation award based on age and length of employment; and (2) further compensation to reflect other losses.

At the Tribunal hearing, both parties will present evidence to support their case. Evidence includes Documentary Evidence and Witness Evidence. Each party’s employment law barristers will carry out Examination-in-chief of their own witnesses, and Cross-examination of the opposing party’s witnesses. At the end of the Tribunal hearing, the barristers will make Legal Submissions to the judge. The judge will then decide whether the claim should succeed. Unsuccessful parties can appeal against the Employment Tribunal judge’s decision to the Employment Appeal Tribunal (often known as the “EAT”) on a point of law only.

We can help with any employment dispute, including: providing advice, drafting documents, preparing bundles of documents for hearings in the Employment Tribunal, and appearing in the Tribunal.

The number of Redundancy law related disputes appears to have increased significantly in the COVID-19 era. Many businesses have experienced severe financial strain. In such an environment, it is inevitable that redundancy disputes will arise.

The Employment Rights Act 1996 provides that redundancy is where an employee with two years’ continuous service is dismissed in whole or in part by reason of a closure of the employer’s business, a reduction or cessation of work at the place of employment, or a reduction or cessation of need for employees to do work of a particular kind. Where an employee is made redundant, they may be entitled to a redundancy payment. 

Disputes can arise in a number of ways, for example, if an employer asks an employee to work in a different location, believing that the relocation is contractually permissible, but the employee asserts that they have in fact been made redundant and are entitled to compensation; or where the employee disputes that their dismissal is by reason of redundancy and asserts that they were the subject of an Unfair Dismissal.

Claims can be submitted to the Employment Tribunal, however, before a complaint is submitted, the potential claimant must register the dispute with a statutory dispute resolution body, namely the Advisory, Conciliation and Arbitration Service or “ACAS”, as it is commonly known. ACAS will contact the potential redundancy claimant’s employer to see if the dispute can be resolved without resorting to the Tribunal; sometimes this is possible, but often it is not.

At the Tribunal hearing, both parties will present evidence to support their case. Evidence includes Documentary Evidence and Witness Evidence. Each party’s employment law barristers will carry out Examination-in-chief of their own witnesses, and Cross-examination of the opposing party’s witnesses. At the end of the Tribunal hearing, the barristers will make Legal Submissions to the judge. The judge will then decide whether the claim should succeed. Unsuccessful parties can appeal against the Employment Tribunal judge’s decision to the Employment Appeal Tribunal (often known as the “EAT”) on a point of law only.

 The Equality Act 2010 provides, in effect, that it is unlawful for an employer to engage in “prohibited conduct” against an employee or worker on the basis of a “protected characteristic”. The latter characteristics include: age, disability, gender reassignment, pregnancy and maternity, race, religion, sex, and sexual orientation. Prohibited conduct means directly or indirectly treating a person less favourably than others. 

Thus, prohibited conduct based on a protected characteristic amounts to unlawful discrimination. Where the protected characteristic in question is disability, the employer may have a duty to make Reasonable Adjustments in the workplace to accommodate that disability; a failure to make such an adjustment will also amount to an act of discrimination.

Unlike unfair dismissal, there is no minimum length of service required in order to make a claim in the Employment Tribunal, however, before a claim is submitted to the Tribunal, the potential claimant must register the dispute with a statutory dispute resolution body, namely the Advisory, Conciliation and Arbitration Service or “ACAS”, as it is commonly known. ACAS will contact the potential claimant’s employer to see if the dispute can be resolved without resorting to the Tribunal; sometimes this is possible, but often it is not. 

Employment Tribunal claims must be made within three months of the alleged discriminatory act. The Employment Tribunal has the power to award compensation to successful complainants. 

At the Tribunal hearing, both parties will present evidence to support their case. Evidence includes Documentary Evidence and Witness Evidence. Each party’s employment law barristers will carry out Examination-in-chief of their own witnesses, and Cross-examination of the opposing party’s witnesses. At the end of the Tribunal hearing, the barristers will make Legal Submissions to the judge. The judge will then decide whether the claim should succeed. Unsuccessful parties can appeal against the Employment Tribunal judge’s decision to the Employment Appeal Tribunal (often known as the “EAT”) on a point of law only.