Employment Law Services

Here is an overview of our employment law services for businesses:

Employment Documentation

All businesses require documentation which needs to be clear, concise and compliant with current legislation. We don’t just trot out template documents, we produce bespoke documents to suit each individual business and which  reflect your business model and your specific requirements.  Whether you need employment contracts (full-time, part-time, fixed term, zero hours), director’s service agreements, consultancy agreements, staff handbooks, individual policies and procedures, intellectual property, confidentiality and/or restrictive covenants or settlement agreements, we can help you to get it right and protect your business.

 

Managing Employees – in Sickness and in Health

Short term sickness absences, long-term sickness absences, capability, performance issues and matters of conduct always cause difficulties for any business as do grievances and disciplinary matters. Bullying allegations, harassment allegations, discrimination allegations all need to be dealt with swiftly, confidentially and appropriately.  Getting advice early before matters get out of hand will be invaluable.  Whether you just want advice and guidance or for us to provide hands on HR services to you, we are here to help.

 

Senior Executives

From executive and director service agreements to navigating a way through onerous restrictive covenants placed on new employees by a previous employer, we can assist you. We are experienced in negotiating terms, bonus and commission schemes and benefit packages.  Considering the duties you want to impose yourself is also key and particularly non-disclosure, confidentiality, intellectual property and post-termination restrictive covenants. We are happy to guide you through all these types of matters.

 

Agricultural and Horticultural Workers

We have skills to offer in relation to specialist types of workers including agricultural and horticultural workers who may have specific or acquired rights including those relating to pay, accommodation and benefits.

 

Ending Employment Fairly

Whether a dismissal is on grounds of redundancy or for any other reason, there are correct processes and procedures which must be followed, The subject of dismissal is fraught with potential pitfalls and getting it wrong can lead to a claim for wrongful or unfair dismissal. We will provide you with the support and guidance that you need to do things correctly each step of the way.

 

Settlement agreements

Our lawyers are experienced in both drafting and advising on the terms of settlement agreements to ensure their compliance with the legislative requirements and to protect your business from potential claims.  We have specialist expertise in dealing with exit packages including those for very senior executives which may have global and cross border implications.

 

Family Related Policies

This is an area of constant confusion for many businesses. Maternity, Paternity, Shared Parental, Parental, Adoptive, Dependant – all types of leave that employees acquire rights to in certain circumstances.  Not only are they subject to changes in the law but they can be complicated to understand and administer.  Let us help you through this minefield to make sure that you are up to date with your policies and procedures, that you implement them correctly and that you avoid any risk of getting it wrong and facing a discrimination claim of any sort.

 

Flexible Working

The right for an employee to apply once in a 12 month period to an employer to work flexibly whether in weeks/days/hours has now been extended to all employees and not just those with young children. It is very important to follow a correct procedure and to hold the appropriate meetings to discuss such an application and to grant an appropriate level of appeal if the request is denied.  If it is approved then it becomes permanent unless expressed otherwise.  If an application is to be declined then it is not good enough just to say so.  It has to be for one or more of the acceptable and specific reasons that fulfil the criteria for a fair process.  It is worth taking advice to ensure that you get this right every time.

 

Working time

Holidays can be an issue and the rules relating to them, sickness during holiday, bank holidays, statutory entitlements to time off, breaks, Sunday working, hours worked, shift work, seasonal work, night working, travel time, time off for jury service or other public duties – just some of the scenarios that might cause a headache for any business. Let us help to guide you through these issues.

 

Transfer of Undertakings

We are skilled in advising on this complex area of the law whether you are acquiring a business or assets, selling up or restructuring. Specific and detailed advice is essential in any of these situations and can have a significant impact.  Expert advice from a professional employment lawyer is key to understanding the statutory requirements and impact of the legislation where TUPE is a factor and employees transfer as a matter of law not choice.  Understanding the acquired rights as well as correctly complying with legislative requirements on procedure are essential and something we will be happy to guide you through. 

 

Contractors, Consultants, Outsourcing and Agency

These are areas in which the law overlaps with employment issues and in which we are equally happy to provide you with advice and assistance.

 

HR support and training

HR professionals are busy people but knowing the A to Z of employment law, as well as keeping up with all the changes in legislation, is impossible. Our Employment lawyers aim to support your HR professionals, helping you to improve the effectiveness of HR within your organisation and to avoid costly mistakes. Our advice is employer focused - you choose the level of support, whether you want ad hoc advice or regular updates and our lawyers will provide practical solutions at our offices or on your premises. If you do not have an HR presence in your business then we can offer more hands on HR services through Town Gate HR.

 

Contentious matters

With impressive success behind us, we are pleased to offer advice and assistance on all aspects of dispute resolution, whether negotiating, mediating, bringing or defending Court claims including injunctive relief and all types of claims dealt with by the Employment Tribunals.

These can include disputes where employment is ongoing (bullying, deductions from wages, unpaid bonuses or commissions, discrimination) or claims following termination of employment alleging unfairness or discrimination.  We also have considerable experience in advising on and the enforcement of post-termination restrictions and/or breaches of them. 

The overriding aim of our Employment Law team is to resolve disputes quickly, cost effectively and in line with our clients' commercial objectives.  This is why we offer pre-litigation negotiations and alternative dispute resolution (ADR) such as mediation. We have a fully trained and accredited mediator within Phillips. However, if litigation is unavoidable the members of our team are well known for their focus and tenacity. We are also committed to delivering a commercial service where transparency of costs is achieved and maintained.