Things employers need to be aware of
In light of recent events surrounding coronavirus, here is a brief guide to the issues that you need to consider as an employer. Please note that guidance is changing on a day to day basis and this should be considered as general advice at this time. It does not override your contracts of employment and policies and is subject to change based on government advice.
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.
- 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
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.
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.
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.
06 April 2020
From 1 April 2020 the statutory minimum employment related payments will change. The most commonly used ones are set out…Now we’re into 2020, there are upcoming employment law changes that you need to be aware of. Here is the…Now we’re into 2020, there are upcoming employment law changes that you need to be aware of. Here is the…Now we’re into 2020, there are upcoming employment law changes that you need to be aware of. Here is the…
In our experience, the costs of Employment Tribunal litigation can vary significantly and we set out below our broad estimates based upon the type of case that is being pursued. In so doing, we have categorised claims as being standard, advanced or complex, in terms of complexity and cost, and we provide a broad estimate of the range of costs that we would normally anticipate, based upon the various levels of experience and expertise from within our dedicated team of specialist Employment lawyers.