Managing underperforming employees is probably one of the most common issues we are asked to assist with. It can involve many complex areas of employment law. Unfair dismissal is the starting point for those with more than 2 years’ service, so a fair process ought to be followed.
Generally, absence issues fall into two categories; short-term and long-term with each requiring different considerations.
Our employment law experts are very experienced and skilled in dealing with employment tribunal claims. We have defended many claims over the years; often securing outcomes that exceed our clients’ expectations.
Settlement Agreements are increasingly common, especially as you now have greater freedom to have an “off the record” conversation with your employees.
The law protects those with “protected characteristics”. The various protected characteristics are; religion or belief, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, sex, age, race and sexual orientation.
The starting point is to work out whether the collective redundancy rules apply, as these impose additional obligations on you when embarking on a redundancy process.
Where an employee commits an act of misconduct, your response is to deal with it through your disciplinary procedure.
These are complaints by your staff about something related to the workplace. You should have a grievance procedure that you follow, which provides for you to investigate the complaint and reach a conclusion.
The law provides certain information that you need to provide to your staff. However, this basic detail is for the employee’s protection not yours.
We often hear that restrictive covenants are unenforceable. While this is the Court’s starting position the test is more complex and involved than this.
Your staff now have far more rights in relation to their family situation than ever before, and these are likely to continue to be extended as laws keep up with social demand/norms.
The staff handbook should sit alongside and compliment the contract of employment. Our view is that it should be non-contractual so that as employment laws change, you are able to update and modify the policies without having to obtain the consent of your staff.
While this claim is becoming less common, when it applies, you want employment lawyers who are familiar with the law and who know how best to deal with (and, if necessary, defend) any such allegations/claims.
Part of the skill in dealing with TUPE is knowing when it applies, and the implication of its application. Often it will be obvious; if you are selling or buying a business, or if you are outsourcing (or insourcing) work.
Most businesses will need some degree of on-site HR support. There is usually a high amount of HR Admin that needs to be undertaken and, as a business grows, so too can the need for a dedicated HR Manager to support the business and its staff.
Owing to the experience we have as employment lawyers, and the various businesses we have owned, we are able to offer a specialist outsourced HR Director role. This allows us to work with the senior management team to look at the business and help prepare a people plan.