Diversity: Working Well

We are committed to helping our clients both to minimize the substantial risks of non-compliance with discrimination laws and to maximise the benefits of a diverse workforce. With this in mind we have developed Diversity: Working Well - a service that will review clients' existing practices and procedures, report on suggested improvements and provide training tailored to meet their needs.

For further information on Diversity: Working Well, please contact Stephen Dalling.

Employment Advice

Our team can help you with all areas of employment law including:

• Drafting and reviewing employment contracts and policies
• Addressing poor performance or misconduct
• Handling staff grievances
• Making employees redundant
• Avoiding discrimination claims
• Regulated compromise agreements
• Defending claims in the Employment Tribunal or other courts
• Protecting your business through restrictive covenants
• TUPE
• Management Training

Drafting and reviewing employment contracts and policies
Having the correct documentation in place will help you to:

• be certain as to the terms on which your staff are employed.
• improve relations with your workforce
• comply with all the latest legislation
• deal properly with staff grievances
• handle disciplinary issues effectively
• reduce the risk of Employment Tribunal claims.
• settle or defend claims that are brought in a cost-effective way.

As a minimum you should have the following documentation:

• contracts of employment for all your staff.
• grievanceprocedure.
• disciplinary procedure.
• Dismissal procedure.
• maternity policy.
• policy on dependent care leave.
• policy on parental leave.
• equal opportunities policy.

If you do not have all or any of this documentation in place, we would be pleased to provide an estimate for this work. Even if you do have employment documentation in place, it should be reviewed annually to ensure that it complies with changes in legislation. Again, we would be pleased to provide an estimate for this work.

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Addressing poor performance or misconduct
We regularly advise clients who are considering taking disciplinary action against their employees. The maximum compensatory award for unfair dismissal is now £56,800 so it is more important than ever to ensure that a fair procedure is used.

We are able to provide urgent advice by telephone which will help you to:

• comply with a fair procedure.
• understand the potential exposure if the employee is dismissed.
• minimise the risk of a claim for unfair dismissal.
• settle or defend a claim if one is made.

If you are considering entering into a Compromise Agreement with an employee, we will be pleased to help you negotiate an agreement which is legally enforceable and tax effective.

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Handling Staff Grievances
The submission of a written grievance is now often a precursor to an Employment Tribunal claim. Employers now have certain minimum obligations when dealing with grievances from their employees. We regularly advise employers on how to comply with their obligations and assist them to manage the risk of Employment Tribunal claims through this process.

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Making employees redundant
We regularly advise employers who are restructuring and find themselves in the position of having to make staff redundant. We can assist by helping you to:

• follow a fair procedure.
• comply with statutory consultation & notification obligations.
• calculate redundancy entitlements.

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Avoiding discrimination claims
We can help you develop and implement effective anti-discrimination policies that will:

• promote fair treatment of all your staff.
• create a working environment where your employees feel valued.
• eradicate all forms of unlawful discrimination including bullying, harassment and victimisation.
• Reduce your risk against discrimination claims on grounds including gender, marital status, race, colour, disability, sexual orientation, religion or belief and, with effect from October 2006, age.

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Regulated compromise agreements
Settlement agreements or regulated compromise agreements between employers and employees are only binding if they satisfy certain requirements. We regularly negotiate and draft such agreements for employers. In particular we look to ensure that:

• all claims are compromised effectively.
• payments are dealt with tax effectively, where possible.
• company property is returned.
• responsibility for any potential tax liability is agreed.
• references to prospective employers are agreed, where appropriate.
• the terms of, and circumstances surrounding, the settlement are kept confidential.

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Defending claims in the Employment Tribunal or other courts
We regularly act for clients defending claims in the Employment Tribunal and in other courts. You only have 28 days from the date it is sent to you to submit a defence to an Employment Tribunal claim. You should therefore contact us as soon as a claim is received. We will be able to help you by:

• advising on the merits of the case.
• drafting the defence.
• negotiating a settlement if you wish to avoid the matter being dealt with at a hearing.
• preparing witness statements.
• representing you at any Tribunal hearings.

We represent clients at Employment Tribunal hearings throughout the country and will be pleased to provide an estimate of our fees in relation to a particular case.

For advice on defending a claim in the Employment Tribunal please contact Stephen Dalling.
For advice on defending a claim in the Small Claims Court, County Court or High Court please contact Andrew Lancaster.

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Protecting your business through restrictive covenants
Restrictive covenants are only valid provided they are confined within reasonable limits. A clause which is too wide will be held void as being in unreasonable restraint of trade. You should therefore take specific advice on proposed covenants to maximise the likelihood of their being enforceable.

We are also able to advise you if you are considering taking action against a former employee who may be acting in breach of a restrictive covenant.

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TUPE
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