Employment

We have a growing employment practice, advising employers and employees in both contentious and non-contentious cases.

Early and appropriate advice from a lawyer is often key to a successful outcome and we take the view in the employment context that prevention is always better than cure.

From an employer’s point of view, getting even the smallest details wrong can prove very costly. We will help you make sure that all your procedures are kept up to date with changing legislation. We can advise you on company procedures, staff policies and contracts.

For the employee, we will work with you to make sure that you are treated fairly and are fully aware of your rights.

-Compromise Agreements
-Contracts for Services
-Employment Contracts
-Wrongful and Unfair Dismissal

Compromise Agreements
Compromise Agreements are a means of settling both existing and potential claims between employers and employees. Employers commonly require employees to enter into Compromise Agreements as a condition of receiving an enhanced payment upon dismissal, for example following redundancy. We can prepare Compromise Agreements on behalf of employers and we also advise employees who have been presented with such an agreement to sign.

Contracts for Services
Businesses that engage personnel on a self-employed basis need to adopt carefully drafted documents. The terms of such contracts can influence whether or not the courts, employment tribunals and the Inland Revenue view the worker as being truly self employed. If the Inland Revenue deems the worker to be in fact an employee, the employer will incur a liability for tax, National Insurance, interest and possibly penalties.

Employment Contracts
The law requires that employees must be provided with certain minimum written particulars of their employment within two months of their starting date. These can be expanded to incorporate many provisions including those allowing an employer to: deduct monies owing from an employee’s wages; recoup excess holiday pay at the end of the employment; and recoup sick pay where the employee is compensated by a third party. Other useful provisions for employers include restrictive covenants, confidentiality clauses, garden leave provisions, data protection consents and terms altering the effects of the Working Time Regulations.

Wrongful and Unfair Dismissal
Businesses must be able to show that dismissals are lawful and fair, or they could be liable to pay compensation. Employment Tribunals have the power to award substantial compensation for unfair dismissal. Day-to-day personnel issues, such as warnings and dismissals for misconduct, absenteeism and poor performance, are all potentially complicated areas if handled incorrectly and can lead to unfair dismissals. Hughes Paddison can guide you through this complex area