We offer an all round employment law service, advising both employers and employees.
We help employers find ways to avoid problems – making sure they have the appropriate contracts and policies in place, and helping on redundancy programs and disciplinary / termination issues. We have particular experience in advising employers on how to deal with long term sick employees, and employees with performance issues. We are well aware that the commercial requirements do not always coincide with the legal ones, and try to make our suggestions and advice as practical as we can to achieve the commercial objectives.
Because of our mixture of employment and company law experience, we have a particular strength in advising both senior directors and their employer companies on the termination of the director’s employment, including dealing with the corporate side of the process such as share scheme entitlements.
We prepare share schemes for companies, and have particular experience in preparing EMI schemes and agreements (we have prepared documents for more than thirty EMI options schemes since 2014).
Unfortunately, whatever measures employers put in place, claims do arise. We guide employers when such claims arise, acting for employers in Tribunal proceedings – but always endeavouring to settle claims where possible and appropriate.
For employees, we advise on claims against their employers, and on the rights they may have. Again, where appropriate to do so we will always try to settle claims early rather than prolong litigation. We prepare Settlement Agreements for employers, and provide advice for employees on Settlement Agreements.
In the unlikely event that Tribunal proceedings are necessary to resolve any claim made against employers, or by employees, we have many years experience handling such claims. Often the commencement or defence of Tribunal proceedings is sufficient to facilitate settlement of a claim. However, in the even less likely event that the dispute is to be heard before an Employment Tribunal because it has not been possible to settle it on reasonable terms, we would usually wish (with the agreement at the time of the client) to instruct a barrister to do the advocacy in the Tribunal.
As part of the work we do in advising on buying and selling businesses we ensure that all TUPE requirements are complied with, and we also advise on stand alone TUPE problems.
Examples of recent work include
- pursuing a claim for constructive dismissal against a London Local Authority for a school caretaker unfairly forced out of his job (and thereby the house which came with the job). The Local Authority would not agree to settle the claim, it proceeded to a Tribunal hearing, and the employee was awarded the maximum amount the Tribunal could award in compensation
- successfully resisting a claim in Havant Employment Tribunal by three employees of our client company claiming constructive dismissal. The employees were summarily dismissed for gross misconduct for leaving work early without telling their managers – and it was important for the company to send out a clear message to all employees that this could and would result in dismissal
- persuading an ex employee of a client company to withdraw a constructive dismissal and disability discrimination claim, involving preparing the strongest possible defence with the aim of persuading the employee that his claim would be likely to fail
- obtaining a substantial settlement for the manager of branch of a national bicycle retailer dismissed (wrongfully) for gross misconduct – the settlement being sufficient to enable the client to set up his own bicycle shop
- advising a company on terminating the employment of a director who had inadvertently suggested he was planning to set up a competing business
- advising a business on its program to reduce its workforce by redundancies as part of cost cutting measures
- advising a company on reducing the salary of a senior executive both to save costs and as a result of the executive not performing as expected
- advising a director on his constructive dismissal claim, and in respect of the valuation of his shares in the company which were required to be sold as a result of his resignation
- advising both employers and employees on Settllement Agreements, and where appropriate advising on the appropriate level of compensation