Employment Law

Employment Law


Businesses

Employees and workers play a significant role in growing and operating a business no matter how large the organisation. Who you employ and how you employ them can be the deciding factor in how successful your business is, but managing people is never easy.

The ever-changing environment of employment law means it is vitally important that employers stay abreast of changes and understand their full impact. Carter Bond will work closely with you to help you manage the risks and minimise potential liabilities as well as making sure all of your contracts and policies are up to date. We can provide you with Staff Handbooks, Employee contracts and Contractor Agreements tailored to your business.

Our experienced lawyers can also advise on post-termination disputes and represent your business at mediations, tribunal hearings, and appeals.

Individuals

We are experienced advisors in both internal and post-termination disputes providing representation at mediations, in the Employment Tribunals and higher courts. We can advise you on any claims you may have against your employer and guide you the dispute resolution process.

What We Do

  • Advise on recruitment techniques, policies, and law.
  • Prepare contracts of employment for senior and junior employees, contractors and workers.
  • Prepare bespoke consultant agreements.
  • Assist in providing employee handbooks, policies and procedures to ensure it suits your business.
  • Provide advice on employee rights.
  • Advise on all matters regarding dismissals, disciplinary, grievance and performance review.
  • Advice regarding redundancy.
  • Assistance in preventing and/or dealing with discrimination, harassment or bullying.
  • Defending Employment Tribunal claims.
  • Advise and assist on restrictive covenants and their enforceability.
  • Advice concerning TUPE.
  • Prepare and advise on Settlement Agreements.
  • Advise on pregnancy, maternity, paternity and adoption rights.
  • Advise on employee sickness absence.
  • Advise on working time regulations.

FAQ - Employment

When is there a redundancy situation?

There will be a redundancy situation where a dismissal is necessary wholly or mainly due to either of the following:

· there is a cessation of the employer’s business;

· the employer moves their place of business;

· the employer has surplus labour and your role is no longer required in the place where it was carried out.

What is a settlement agreement?

A settlement agreement is a legally binding document between you and your employer where in return for giving up your employment rights, you will receive a lump sum settlement. There are many other terms that will be incorporated into the settlement agreement, such as payment of accrued holidays, pensions, your notice, bonus and salary up to the termination date. You will also usually have to agree to keep the agreement confidential and not to bad mouth your employer.

It is always best to obtain legal advice before entering into a settlement agreement, our employment specialists are always happy to assist.

What does TUPE mean?

TUPE means the “Transfer of Undertakings (Protection of Employment) Regulations”. The Regulations protect employees’ rights when the business they work for “transfers” to a new employer. This may be as a result of a merger, or where the business is sold or bought. The identity of the employer must, however, change.

The TUPE Regulations also apply in outsourcing situations known as a “service provision change”. This happens when:

· a service provided in-house (e.g. cleaning) is awarded to a contractor;

· a contract ends and is given to a new contractor;

· a contract ends and the work is transferred in-house by the former customer.

For TUPE to apply, there must be a “relevant transfer”. There are complex rules which determine if there is such a transfer, but it is essentially where there has been a transfer of an economic entity which retains its identity.

Are restrictive covenants enforceable?

The courts are generally prepared to enforce restrictive covenants, but only where they do not go further than necessary to protect your employer’s legitimate business interests (such as trade secrets and its customer base). The courts will not enforce covenants that are unreasonable, such as where the time period is too long or the restriction is geographically too wide.

What is garden leave?

This is when you are asked not to attend the workplace during your notice period and not permitted to work, even though you continue to be paid. This is known as “garden leave” as you are generally expected to stay at home.

When you are placed on garden leave, you are still entitled to receive full pay and benefits. At the same time, however:-

· you may be required to take any outstanding annual holiday;

· your employer may request that you refrain from contacting any clients, customers, suppliers or contacts of the employer without their prior consent;

· you will prohibited from working elsewhere or commencing employment with a new employer or on a self-employed basis (unless your employer provides its consent).

Howard

Howard Lewis-Nunn

Howard is a specialist in matters relating to employment.  He is barrister with over 20 years’ experience of helping clients with issues in the workplace so that they can focus on their business.

Reena

Reena Popat

With over 10 years experience, Reena has significant knowledge and expertise when it comes to corporate and commercial matters. She is best placed to draft any agreement you require for your business.  


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