Employment Law for Business
The Employment Law team of expert Legal 500 Solicitors at Askews Legal LLP servicing businesses in Coventry & Warwickshire. The team are highly qualified specialists in Employment & Business Law and have featured for several years as Leading Lawyers in the Legal 500.
At Askews Legal LLP, Lianne Payne is ‘attentive, knowledgeable, approachable and reassuring’; she shows ‘energy, enthusiasm and empathy’… The firm’s client base has a strong SME focus. (Legal 500 2014 Edition)
As professional employment law solicitors in Coventry, we work with you as the owner of the business, and your senior management team, to ensure that we resolve your Employment Law issue as quickly and as economically as possible. Our solicitors don’t just find legal solutions, we also recognise that a commercial outcome is frequently required.
Ask us about:
- A free initial consultation
- A complimentary Employment Contract Review
- Employment Tribunal Insurance
Call us today on 024 7623 1000 and we could be helping you straight away.
Our team of specialist solicitors provide expert legal advice on all aspects of Employment Law to include:
Unfair dismissal – the basics
For a dismissal to be fair an employer must have a potentially fair reason for the dismissal and must have acted reasonably in treating that reason as sufficient to justify dismissing the employee.
There are five potentially fair reasons for dismissal including conduct, capability or qualifications, redundancy, breach of a statutory duty and “some other substantial reason”. Only the facts known to the employer at the time of the dismissal will be taken into account by the tribunal when deciding the reason for the dismissal
In most cases, an employee must have 2 years’ continuous service to be able to bring an unfair dismissal claim, although there are exceptions. A claim must be brought within 3 months of the date of dismissal. There are now fees for issuing employment tribunal claims.If successful, an employee may be awarded compensation, comprising of a basic award and a compensatory award. We have helped many small businesses in the Coventry & Warwickshire area with their employment law issues.
For further information about disciplinary/dismissal action or employment tribunals, please contact Lianne Payne, Head of Employment Law on 024 7623 1000
Are you considering a restructure or a potential redundancy situation?
It is essential that you comply with the law in relation to consultation and selecting the appropriate roles for redundancy.
Our employment law solicitors have extensive experience on advising throughout this difficult and stressful process. For further advice and assistance, please call Lianne Payne, our Head of Employment, on 024 7623 1000
Are you offering your employee a Settlement Agreement?
Would you like to speak to an expert Employment Law Solicitor today?
It is essential to ensure that you draft a Settlement Agreement (formerly a Compromise Agreement) carefully and tailor it to the circumstances relating to the employee’s exit.
There are a lot of issues to consider in the preparation of a settlement agreement, not least, the need to ensure that it meets the statutory requirements set out in the various pieces of employment legislation to ensure that the agreement is legally binding. Read more…
Call to speak to one of our specialist Employment Law Solicitors in Coventry on 024 7623 1000 and we could be advising you about Settlement Agreements today.
The protected characteristics under the Equality Act 2010 are: Age, Disability, Gender reassignment, Marriage and civil partnership, Pregnancy and maternity, Race, Religion or belief, Sex and Sexual orientation.
It is beneficial to outline how discrimination and harassment in the workplace will be dealt with in a policy within your Staff Handbook.
Our employment law solicitors can advise on any issues arising from alleged Discrimination or assist in drafting an appropriate policy.
If you require advice and assistance in relation to an employment law issue relating to Discrimination in the workplace, please call Lianne Payne, our Head of Employment, on 024 7623 1000.
The Advisory, Conciliation and Arbitration Service (ACAS) is an organisation devoted to preventing and resolving employment disputes.
On the 6th April 2014, mandatory pre-claim ACAS conciliation was introduced with the intention of making the Tribunal system more efficient. The majority of employment claims such as unfair dismissal and discrimination are subject to the new compulsory conciliation rules.
Prior to issuing an employment tribunal claim, a ‘potential Claimant’ will need to complete an Early Conciliation form lodging details of their potential dispute with ACAS. An ACAS Early Conciliation Support Officer (ESCO) with then make a ‘reasonable attempt’ to contact the prospective Claimant to take further details regarding their complaint and seek their permission to contact the Respondent Company to try and facilitate a resolution.
If ACAS concludes that settlement is not possible, it will issue an Early Conciliation (EC) Certificate to the Claimant which will then enable the Claimant to lodge Employment Tribunal Proceedings.
Employment Tribunal Proceedings
Since July 2013, Claimants have had to pay a fee to bring a claim in the employment tribunals, comprising of an issue fee and a hearing fee. The amount of the fee depends on the type of claim, but could be up to £1200. Depending on their financial circumstances, an individual Claimant may be able to claim a remission of all or part of any fee for which they are responsible.
Generally there are no fees payable by an employer for simply defending a tribunal claim however there are a few limited circumstances in which an employer’s chosen course of action may incur a fee, for example, making a contractual counter claim against the employee.
For further information about Early Conciliation, advice in relation to a COT3, Settlement Agreement or Employment Tribunal Proceedings, please call Lianne Payne, Head of Employment on 024 7623 1000.
Disciplinary and grievance
Employers have a duty to give employees a written statement of the main terms and conditions of their employment, generally within 2 months of the commencement of their employment. The written statement must contain disciplinary rules and the procedures for disciplinary decisions and appeals, or refer the employee to some other easily accessible document which contains that information, for example, a staff handbook.
The ACAS Code of Practice on Disciplinary and Grievance Procedures contains recommendations for the handling of disciplinary situations at work. It also sets out the principles that an employee should follow when raising a grievance and how an employer should investigate and hear a grievance. Failure to follow the ACAS Code must be taken into account by a Tribunal where relevant and an unreasonable failure to follow the code may lead a tribunal to adjust the amount of any compensation payable to the employee by up to 25%. It is therefore advisable for an employer to put in place a compliant disciplinary procedure.
The Acas Code only applies to ‘disciplinary situations’, which includes misconduct and poor performance. Dismissals on grounds of redundancy or the non-renewal of a fixed-term contract are specifically excluded. In respect of grievances, the ACAS code does not apply to all claims, although most types of claim commonly brought in the tribunals (including those related to discrimination, unfair dismissal, equal pay, breach of contract, deduction of wages etc) are covered. The code does not apply to collective grievances.
Our solicitors can assist you with a variety of complex Employee Relations issues and advise you on best practice and the application of the ACAS Code, to ensure that you adhere to a fair procedure when dealing with issues in the workplace, particularly if you are contemplating disciplinary or dismissal action.
If you don’t have a disciplinary or grievance procedure in place, ask us about our Employment Response Scheme. If you would like advice or assistance in connection with a workplace issue, please call Lianne Payne, Head of Employment on 024 7623 1000.
TUPE (Transfer of Undertakings (Protection of Employment) Regulations) often apply when a business is purchased or sold or a contract for services is awarded to a new provider.
These regulations are complex and do not apply in all circumstances. It is therefore essential to get advice at the earliest opportunity to ensure that you do not fall foul of the regulations and that consultation with employees takes place.
For further advice and assistance, please call our Head of Employment, Lianne Payne, on 024 7623 1000.
Employment Response is a monthly subscription service for the small business owner
- Do you find it hard to run your business and deal with all of the employment law issues which arise?
- Do you wish you could just call a solicitor who knows your business and quickly find out the answer you need?
- Would you like certainty about how much the advice will cost and not be tied into long contracts?
- Would it help if you could access all your documentation and staff records online?
- If you have made a mistake would you like to know that your insurance policy will still cover you?
Read more about our Employment Response Scheme. Call 024 7623 1000 and speak to Lianne Payne today.
Would you like a complimentary contract review? Employment law is constantly changing. Just email us your current contract of employment and we will undertake a review entirely free of charge. We will send you a report setting out our recommendations, highlighting any areas where the contract doesn’t meet current employment legislation. Just email your employee contract to enquiries(at)askewslegal.co.