We have recently advised a multi-national employer on the UK elements of its global sales reorganisation; successfully obtained non-compete undertakings from a client’s former sales director and assisted a client avoid strike action related to a collective pay dispute.
The advice and services we provide to employers are summarised below
24/7 HR advice, support and audit
We have the legal expertise and experience to advise on all HR and personnel issues. We provide our advice in a pragmatic and commercial manner which gives HR the ability to make decisions whilst understanding and mitigating any risks involved.
We do not sit on fences!
We advise on the entire employment lifecycle from recruitment to hiring, probation, performance management, appraisals, promotion, grievances, disciplinaries, hours, pay, benefits, sickness absence, flexible working, diversity, dismissals, references, pay, grievances, disciplinaries, changing terms, contractors, agency workers and more!
We understand that if you call us you would like a response immediately, if possible, and that is the level of service we will seek to provide to all our corporate clients.
Contracts of Employment, Settlement Agreements and other standard documents and policies (as well as not such standard documents)
We can provide you with standard documents such as, for example, contracts of employment, offer letters, service agreements, settlement agreements, staff handbooks and policies.
We will draft documents to suit the circumstances you face. For example, it is not always helpful to send a departing employee to a lawyer to sign a settlement agreement. As such, we may, depending on the circumstances of course, draft a settlement agreement (with contractual indemnities) which does not need to be counter signed by a lawyer
We are also happy to undertake an initial audit of your current HR documents.
Reorganisation and redundancies
Companies must of course be able to run their businesses as they require.
Our skill is facilitating this, bearing in mind the restrictions employment legislation and case law places on employers.
We like to be involved from the planning stage to be able to guide clients successfully to achieve the results they want and need. At times this requires a little creativity!
We will provide guides, letters, FAQs and advice through to dismissal, as well as the benefit of our practical experience. Unlike many other employment lawyers, having been involved in law firm management we have first-hand experience of actually doing this ourselves!
We can also advise on alternatives to consultation and processes and the risks and costs involved which can sometimes turn out to be quicker, better and more costs effective than simply following strict legal process.
TUPE
TUPE (the Transfer of Undertakings (Protection of Employment) Regulations 2006) is a technical and ever developing area of the law which can require expert guidance and one where we seek to add real value and understanding.
TUPE transfers can present opportunities; recent examples include reorganising employees’ pensions as a result of an inter-group transfer and removing an expensive employee, without any cost, following the loss of a client.
We ideally like to be involved with our clients’ initial planning, as this allows us to guide the process and minimise risks.
Dismissal
At some point, termination of employment (even if its simply a retirement) is a certainty and it is often the most difficult area of the law for employers to deal with. There are some basic rules worth remembering:
Rule 1 – Employers can dismiss employees.
Rule 2 – Employers control the employment relationship (just as much as the employee).
Rule 3 – Employers do not have to dismiss “fairly” in law but it helps (in particular it helps to reduce the potential compensation and costs involved).
Rule 4 – Fair dismissal is normally achievable with planning and we can assist you with our knowledge, experience and practical advice.
Equality, diversity and discrimination
Genuine diversity has a huge positive effect on employee workplace experience and it can also act as an insurance against possible claims for discrimination, which are often the most damaging and expensive of all employment claims.
We have considerable experience, not only in having to defend complex discrimination claims, but also in establishing the internal procedures and culture to avoid them.
Litigation avoidance and defence
We have all spent many hours in Employment Tribunal hearings and therefore have the knowledge and experience of what litigation involves – from start to finish.
We recognise that clients usually want to avoid litigation, and this is often therefore a main focus. However, in some cases avoidance or early settlement is not possible or appropriate and we are always ready to fight our client’s corner, whilst making sure costs are clear and managed.
We work with clients to avoid excessive fees, through planning and appropriate use of barristers at different levels of qualification. This means that litigation does not have to become prohibitive simply because of cost.
Restrictive Covenants and Business Protection
Business protection does not just mean “non-compete” restrictive covenants. It can also mean confidentiality, intellectual property and deferred incentives as well as other practical measures through the employment cycle.
Many companies say the key to their business is their people. However, in an increasingly on-line world, the protection of confidential information and intellectual property is becoming ever more difficult and important. Many employers fail to protect themselves properly, particularly from departing employees going to competitors or setting up on their own.
Many employers and employees simply do not believe that restrictive covenants are enforceable. They are, if reasonable, well drafted and specific to the risks faced by the business.
Alternatively, deferred incentives can be the most effective protection against unfair competition as benefits/shares/payments can be removed from former employees who go into competition without the need for litigation.
We advise clients to regularly review the risks which might arise from their employees. Perhaps prior to salaries being reviewed or targets or bonuses being set. We can help provide specific protection to businesses as they develop or as their markets, risks or priorities change.
Training
Our lawyers are experienced trainers and have provided bespoke training courses on the following areas to corporate clients:
Flexible & Hybrid Working/Atypical Workers
The classic concept of an employee working full-time for one employer under a permanent contract has been revolutionised over recent years. There has been a massive increase in the number of “atypical workers” and we have seen a far-reaching changes both in the types of worker in the workplace and the types of contract used by businesses.
The 2020 pandemic has also accelerated the prevalence of remote, hybrid and flexible working arrangements.
Often these new practices are designed to give one or both parties more flexibility and we can advise on all aspects of this changing environment.
Without the expense of employing a lawyer we provide an in-house employment law service.