ARE YOU AN EMPLOYER?
1. Are you sure you have contracts with your employees that will withstand the scrutiny of an Employment Tribunal hearing? As a minimum an employee is entitled to a written statement of terms and conditions after two months of employment. If you provide a written contract of employment covering all of the requirements for the written statement of terms a separate written statement does not need to be provided. It is advisable in the interests of certainty, and to avoid disputes, to ensure that every employee receives and signs a contract of employment. Our lawyers are experienced at drafting bespoke agreements to suit your business.
2. Making redundancies? Make sure you follow the correct procedure. In the current economic climate the requirement to make employees redundant is ever increasing. Redundancy is a fair reason for dismissal. However many redundancies are rendered unfair due a failure on the employer’s part to follow a fair redundancy procedure. Contact our lawyers to receive advice on the consultation process, how to select the right ‘pool’ of employees at risk of redundancy and what constitutes a fair selection matrix.
3. Found yourself on the wrong end of an Employment Tribunal Claim? Our lawyers are experienced in defending employment tribunal claims, whether that be claims for wrongful dismissal or unfair dismissal (including constructive dismissal), discrimination or breach of contract. Give yourself the best opportunity to succeed in the tribunal. We can draft the response to the claim (ET3), prepare your witness statements and represent you at the hearing. Our lawyers provide pragmatic commercial advice in respect of settlements and can draft suitable compromise agreements to avoid further costs to your business in litigating any such claims to the end.
4. Do you need to dismiss someone for gross misconduct? Gross misconduct is a serious breach of contract and could entitle an employer to dismiss an employee summarily. However, the employer still needs to ensure that a fair procedure is followed and that their investigations into the allegations of gross misconduct are sufficient to enable the employer to form a reasonable and genuine belief that the employee is indeed ‘guilty’ of the gross misconduct alleged. It helps to have a clear disciplinary policy in place which details the procedure the employer will follow and setting out what types of conduct is considered to be gross misconduct. Our layers are experiences in drafting bespoke grievance and disciplinary policies. Don’t let your policies let you down and cause you to end up in litigation. Contact us now for advice.
5. Is your knowledge of employment law up to date? Employment law is a minefield. It is important in the long run to take the time now to make sure you are aware of the changes to the law and to make sure that your policies and procedures are up to date. Don’t let the Bribery Act 2010 cause you too much concern; a simple Corporate Hospitality and Bribery Policy could save you a lot of trouble in the future. Do you employ agency workers? Are you aware of the impact of the Agency Workers Regulations 2010? Did you know that a new mother can now transfer some of her maternity leave to the father? Contact us now for advice on all matters of employment.