As an employer you will want to be assured that any contract of employment issued to an employee is tailored to the needs of your business. At Robinsons we have a skilled team of Employment Law solicitors who will work with you to create employment contracts that are bespoke to your exact requirements, but also take into consideration future growth or change.
Apart from the statutory elements of the contract such as personal details, location of employment, salary, holidays and so forth, you can also include company policies on: probationary periods, sickness and absence, grievance and disciplinary procedures and termination arrangements.
Depending on the nature of your business it may be a sensible option to add a Restrictive Covenant protecting your interests in the event that the employee leaves. This can stop a former employee approaching your clients for business or setting up a similar business within a certain radius.
Providing all employees with a comprehensive Staff Handbook is an efficient method of communicating policies and procedures not generally covered by a contract of employment. Our specialist solicitors will work with you to draft a Handbook that suits your particular business and should include, as a minimum, your company’s policies on: Equal Opportunities, Health and Safety, Sickness and Absence, Disciplinary Rules, Grievance Procedures and information on Holidays and Maternity/Paternity Leave.
You may also consider including sections on Flexible Working, Drug and Alcohol Usage, Data Protection, use of Mobile Phones and any other information you believe is pertinent to your business. If you already have a Staff Handbook that was drafted some time ago, it would be a good idea to let us check that the information contained within it complies with current legislation.
At Robinsons we understand the impact it can have on your business if an employee performs poorly or there is an issue regarding misconduct. Depending on the nature of the poor performance or misconduct, it may be possible to resolve the problem by using an Alternative Disputes Resolution (ADR) but where this is not suitable, a Disciplinary Procedure will be your next step.
Where a Disciplinary Procedure is advised, we can offer guidance on the steps you need to take to ensure you comply with The ACAS Code of Practice so that should the matter progress to a Tribunal, you can show that you have acted fairly and followed their guidelines. Failure to act in accordance with the ACAS Code can have an impact on your case so it’s crucial that you seek legal advice as soon as the issue arises.
When dealing with the dismissal of an employee, it’s very important an employer follows not only their own agreed procedures, but also the guidelines put in place by The ACAS Code of Practice. In general, there are 5 reasons which are considered justifiable cause for the dismissal of en employee and these are: Conduct, Capability, Redundancy, A statutory restriction, or another substantial reason.
Once the reason for the dismissal has been decided, the procedure the employer follows must be deemed to be fair and reasonable, and a failure to ensure this could result in a claim for Discrimination or Unfair Dismissal from the employee.
At Robinsons we have a team of Employment Solicitors with extensive experience in this area. They can advise on current legislation and the correct procedures to follow so that your business is protected against a claim being made in the Employment Tribunal.
At Robinsons we have a team of skilled Employment Solicitors who can advise on all matters relating to Discrimination in the work place, including the steps you can take to avoid your business facing a claim of this kind.
The Equalities Act 2010 legally protects all workers from discrimination based on: age, disability, race, religion or belief, sex or sexual orientation, gender reassignment, marriage and civil partnership, pregnancy and maternity. Interpreting this complex legislation and how it may impact your particular business is where we can offer support.
If you need guidance on understanding the law surrounding equality in the workplace or if a claim of discrimination has been made against your business, make an appointment to come in for a chat and we’ll see how we can help.
If you’re in the process of negotiating a Settlement Agreement with an employee or would like advice on this type of agreement generally, our specialist Employment Law team can help. As a Settlement Agreement is a legally binding contract, it’s essential that the terms are carefully drafted to protect your interests for the future and to provide clarity for both your business and the employee.
Settlement Agreements can be useful in bringing closure to an ongoing dispute or to finalise the terms of a redundancy or dismissal, but it’s important to be aware that unless your employee seeks independent legal advice before signing this type of agreement, it would not be considered legally binding.
We can help you understand the process, draft an appropriate agreement and ensure the correct procedure is followed so you can avoid problems in the future.