EMPLOYMENT FOR EMPLOYERS

For most of us as employers our staff are one of our most valuable assets but when things go wrong our staff can represent a major risk to the business.

The role of the employment lawyer is to work with the employer as part of its team to provide help and support, particularly in relation to the management of risk. The relationship between employer client and lawyer is very much a personal relationship based on trust and underpinned by an appreciation of the commercial reality of the employer's business.

CONTRACT AND POLICIES

Carefully drawn contracts and policies are an integral part of the risk management process for employers.

We are able to advise on appropriate forms of contracts and policies. However, it is not simply a case of having contracts and policies in place; it is essential to make sure that management and employees are familiar with the policies and procedures. We are able to give support and assistance with appropriate training programmes.

Contracts for senior employees are crucial. The contract should be drawn in such a way that it gives the senior employee security and motivation but it is also vital that the contract is framed to protect the employer's business secrets, confidential information and reputation if there is a parting of the ways. Restrictions on the activities of a senior employee after he or she has left the business must also be considered as part of this process.

DISCIPLINARY AND DISMISSAL PROCEDURES

Process and following the correct procedures is essential. A failure in this regard can be costly from the employer's point of view. We are able to provide help and guidance for employers and also provide a road map to assist in insulating employers from the risk of claims when undertaking disciplinary/dismissal action.

REDUNDANCY

This is another area where process and following the correct procedure is essential. Again, a failure can be costly from the employer's point of view. We are able to provide help and guidance and also provide a road map, again to assist in insulating employers from the risk of claims.

There are special rules regarding large scale redundancies and, again, we are able to advise on the procedure.

DIVERSITY, DISCRIMINATION AND EQUAL PAY

Claims under the broad heading of Equal Opportunities present a significant risk for employers. Policies and procedures should include provisions against harassment and victimisation and again we can give advice and support in relation to policies and procedures and the appropriate training.

DISPUTE RESOLUTION

Our objective is to assist employers in avoiding disputes. The reality is that this may not always be possible and where disputes arise we will do everything we can to ensure that if at all possible disputes are settled in a cost effective manner.

It goes without saying that we will consider negotiation and we will also consider whether it is worthwhile seeking a resolution by commercial mediation.

There will be some cases which, despite every effort, come before a court or tribunal. We will be able to represent you in those cases.

In all dispute resolutions strategy and budget are important. We will agree a strategy and budget with you at the outset. All variations will be carefully and thoroughly discussed and agreed with you.

BUYING AND SELLING BUSINESSES

The sale and purchase of businesses with employees are subject to the Transfer of Undertakings Regulations. The Regulations are far from straightforward. We are able to help and guide you on the consultation which must take place with employees prior to the transfer and also advise and help you with issues such as harmonisation of employment contracts post the transfer. There are significant risks for employers where businesses are transferred if things are not done correctly.

EMPLOYMENT RELATIONS GENERALLY

The profile of trade unions is increasing once again. We have experience of dealing with trade unions and of assisting employers with the negotiation and settlement of union recognition agreements. We also have experience of assisting employers in negotiations with trade unions on industrial relations generally.

Many employers (whether or not there is a recognised trade union) are now finding that a works council is a useful mechanism for communication and the maintenance of good industrial relations. We are able to help on this aspect also.

The Information and Consultation of Employee Regulations have to some extent changed the industrial relations landscape. We can give help and assistance to employers to ensure that, where relevant, full compliance is achieved.

OVERALL OBJECTIVE

Our overall objective is to work with the employer as part of its team and assist in the achievement of commercial objectives.

We will agree goals at the outset and, where possible, agree a fixed fee for the work undertaken.

Our aim is to make a positive and constructive contribution to the employer's business.

Contact Phillip Hoskins
Direct Dial: 01522 781474
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