Employment Law When complex law meets unpredictable human behaviour things can get messy. Our team loves untangling employment law to provide clear, simple solutions to HR problems. For expert legal advice for your business call our employment law solicitors at Taylor&Emmet on 0114 218 4000 or contact us online. We are proud to support organisations of all sizes and individuals and in all cases we bring to bear an experienced and innovative approach to problem solving. We act for companies across a range of sectors including manufacturing, engineering, energy, media, advertising, tech, education and charities. We also have substantial experience of advising on a host of issues affecting senior managers and directors including service agreements, share options and severance negotiations. Our employment lawyers are all pragmatic experts, friendly and unstuffy, quick to respond and thorough. Most of our work comes from repeat business, recommendations and referrals; a testament to the strong relationships of trust we build with our clients. Our charges are transparent, certain and fair. OUR SERVICES Our services Compliance – employment contracts and HR policies Data Protection Disciplinary and grievance issues Discrimination law Employment tribunal cases Information and consultation of employees Restrictive covenants and confidentiality Redundancy and reorganisation Settlement Agreements Trade unions and industrial action Tribunal cases TUPE and business sales EMPLOYMENT LAW - FAQs What is it that makes our employment team different? We bring calm heads, experienced voices and a passion for getting our clients the right result. HR services - T&E COMPLETE T&E Complete provides you with everything you need to ensure you are legally compliant and to protect your business from the risks of constantly changing employment law. EMPLOYMENT LAW TRAINING Our training is designed to empower your managers to operate within the law to drive the better performance of your organisation. CONSULTANCY AND BUSINESS IMPROVEMENT When it comes to getting the best performance from their people and their business, we find that most organisations benefit from the input of external specialists from time to time. OUR WORK TUPE regulations in outsourcing transactions The employment team has helped a number of clients understand TUPE in the context of outsourced services. This includes providing advice to an IT company on the application of TUPE between sub-contractors and to a major logistics company on whether employees in a group structure were assigned to a TUPE transfer. We have advised third sector organisations on first and second generation TUPE transfers. This has involved guiding the client through all aspects of the consultation process with staff, negotiating the terms of the commercial contract and providing advice on the application of the Two Tier Workforce Code in relations with local authorities and the NHS. Industrial relations A client who wished to modernise its relations with a trade union asked us to provide advice on the legal aspects of trade union de-recognition, and, its information and consultation obligations. We drafted a new recognition agreement, and following negotiations with the union, the new agreement was implemented successfully. Defending an employer’s right to dismiss We recently won an appeal in the Employment Appeal Tribunal for an organisation that was found to have unfairly dismissed an employee for misconduct. The tribunal tried to suggest that only a warning should have been given, but this did not take proper account of the reasons why the employer felt dismissal was justified. We stood by the employer’s decision to establish on appeal that the tribunal had been mistaken. The dismissal was declared fair by the EAT. Advice on changing terms and conditions We have advised a number of clients on cost saving schemes, including changing hours and pay, lay-off and short time working, sabbaticals, bonus schemes and redundancy exercises of all sizes. Handling disputes We know that employers do not want to end up in a legal battle, but when this becomes necessary we will ensure that our experienced tribunal litigators fight to win. We generally conduct our own advocacy, but use a barrister where appropriate. We never lose sight of the outcome our clients seek and take a proactive and robust approach to pursuing cases. Before we embark on tribunal litigation, we explore all funding options with our clients to ensure that they get the best value for money. We often work with legal expenses insurers so that claims are funded from the point of issuing proceedings. We run our cases efficiently and always with regard to balancing costs against benefits to provide value for money for whoever is funding the case. INSIGHTS & BLOGS 19 November 2018 Common Employment Law Misconceptions: Representation at Disciplinary Hearings “We have invited an employee to attend a disciplinary hearing and they have asked to have a lawyer present. Can… The post ... Common Employment Law Misconceptions: Contract of Employment “I have employed someone on a part-time basis for the last year and they keep asking me to give them… The post ... Common employment law misconceptions: Unfair dismissal “I have worked for my employer for one year but today my boss came in to my office and told… The post ... I am self-employed, am I ever entitled to holiday pay? I am a self-employed plumber working for a company and have heard that the Pimlico Plumbers are entitled to a… The post ... Subscribe to our blogs HOW WE CHARGE We understand that in choosing a law firm to represent you, the cost of legal services and receiving value for money are important factors to consider. For every matter we take on we evaluate the risks, cost and likely benefit to you before we agree to act and we discuss upfront the most appropriate fee structure. In the vast majority of matters we are able to offer a choice of fee arrangements (usually three options) and payment terms. All of our fee structures are based upon the principles of transparency, fairness and value. Examples of our most common charging structures are as follows: Charging by time spent This option remains the most popular fee structure. We identify at the outset the most appropriate lawyer or team for your matter and explain the hourly rate of the person or persons who will act for you. We provide a cost estimate at the outset of the matter which we keep up to date as matter progresses (if necessary). We invoice monthly based upon the time spent on your matter that month and we provide a full breakdown of the time spent with each invoice. The advantage of this option is that you only pay for the lawyer’s time that you need and if your matter concludes early or aborts for any reason then you will only be charged for the time spent up to that point. Fixed fees This is proving an increasingly popular fee arrangement. Following an initial exercise to scope the work required to complete your matter we can invariably offer a fixed fee for the entire matter or different fixed fees for different phases of the case or matter. With fixed fees we usually ask for payment upfront or by a couple of instalments. The advantage of this option is that you have costs certainty - you can budget for exactly what the matter will cost you. Once you have paid the fee you will know there is nothing else to pay in relation to our time spent on the matter. This option helps you to evaluate at the outset the cost/benefit of instructing us to handle your case. Risk sharing arrangements We can offer a number of alternative fee arrangements which involve us partnering with clients in sharing the risks inherent in disputes, claims or complex projects. This could be sharing the risk of the outcome or of the amount of work required being different to what we both expected at the outset. The most popular alternative fee arrangements are the profit share fees cap and the partial-contingency fee arrangement. The advantage of alternative fee structures is that they allow us to move away from a “one size fits all” approach to charging so that we can create a bespoke fee structure suitable for the particular client or matter. The profit share fees cap is based upon an estimate of the likely cost of the matter but if the work involved is significantly less than the expected fee, or significantly more than the expected fee, then that risk is shared equally between us through an adjusted fee, on a sliding scale. The partial-contingency fee arrangement involves us agreeing with you what a “win” looks like in relation to your particular matter and we then agree with you a fee if the agreed outcome is achieved and a lower fee if it is not achieved. Please note that we rarely act on a purely “no win, no fee” basis as we believe that that rarely achieves a fair balance of risk, reward, cost and benefit between lawyer and client in employment law matters. Note: we reserve the right to request payment on account of costs in relation to any fee structure that we offer and it is our usual practice to request payment on account of costs from new clients.