Employment Disputes
Employment law Solicitors to protect your business
Are you being taken to an employment tribunal?
Do you need help letting an employee go or making redundancies?
Are you concerned your employment contracts and procedures are less than watertight?
Who thought building a team would be this challenging?
It doesn’t matter how well you treat your employees; from time to time, problems will arise.
Relationships can sour, performances can drop and despite your best efforts, you find yourself having to make difficult decisions. However unpleasant it is, you need to act firmly to keep your business on track.
The UK has stringent laws and regulations protecting employees’ rights, so it’s always best to check you are protected when decision time comes.
Yet even when you’ve followed all the procedures, you can still find yourself subject to an unfair dismissal claim!
That’s why you need an experienced employment disputes specialist to guide you through the complexities of employment law.
Meet Lauren, our partner responsible for Employment Disputes
Lauren Lancaster
Partner and Head of Property and Litigation Services
Help to keep your business running smoothly
Dismissing Employees
Handbooks and Policies
Employment Tribunals
Redundancies and Restructuring
Settlement Agreements
Handling Grievances
Ad hoc Employment Advice
Managing long-term absences
Protecting your interests:
Know the law before you act
Dealing with the stress of employment issues distracts you from running your business.
When a staff member is underperforming, concerns can soon become toxic and it can be difficult to know where to turn. As a small or medium-sized business, you might not have a qualified HR department to handle issues before they escalate. You can soon feel out of your depth.
Nobody likes making people redundant. A lack of employment law knowledge can make you reluctant to make necessary changes.
With the emotions involved, making the tough decisions that need to be made, can be difficult. Yet if you fail to act quickly the situation rarely resolves itself.
To make sure you are protected and your actions are legally watertight contact Lauren and her team by clicking on one of the buttons below.
The most common questions we’re asked about Employment Disputes
What rights do employees have with redundancy?
In case of redundancy, employees have several important rights:
Fair Treatment: If they have been with the company for over 2 years, they can’t be unfairly dismissed.
Equal Opportunity: They can’t be chosen for redundancy based on unfair reasons, like a disability.
Informed: They have the right to be informed and consulted as per the relevant laws.
Job Hunting Time: If they have been with the company for over 2 years, they can take time off to look for a new job or arrange training.
Redundancy Payment: They are entitled to a statutory redundancy payment if they have been continuously employed for over 2 years.
How can I protect my confidential business information when an employee leaves?
Protective measures can include well-drafted confidentiality clauses in employment contracts, restrictive covenants (e.g., non-compete, non-solicitation agreements) to limit post-employment activities, and clear policies on data protection and intellectual property.
We can review your contracts and policies and advise on strengthening them to safeguard your confidential information.
What are the potential costs and timescales involved in an employment tribunal claim?
Legal fees will depend on the complexity of the case and the time we spend working on it. We offer a transparent fee structure and will provide you with an estimate upfront.
How do I handle an employee on long-term sick leave?
Consider whether the condition qualifies as a disability under the Equality Act, as this creates additional legal obligations and requires reasonable adjustments.
When planning their return, hold formal return-to-work meetings and consider phased returns. Throughout the process, document all decisions carefully and follow capability procedures if needed, being mindful not to discriminate if the condition is classified as a disability.
Handling Disciplinary Issues
Addressing disciplinary issues is key to maintaining a productive workplace.
Here are just some of the ways we can help you:
Clear Procedures:
Establishing clear guidelines from the outset can prevent misunderstandings. We help you develop a fair disciplinary process.
Consistent Application:
Ensuring that procedures are applied consistently among all staff members avoids claims of favoritism or discrimination.
Documentation:
Keep thorough records of all disciplinary proceedings. This documentation is essential if disputes arise.
Communication:
Open, honest communication with your employees during disciplinary actions can prevent escalation.
Legal Compliance:
We ensure your disciplinary processes comply with current employment laws, minimising legal risks.
Dismissing Staff:
When it comes to dismissals, we guide you through the necessary legal steps to reduce the risk of unfair dismissal claims.
If the case proceeds to a tribunal and it is determined that you violated your employee’s rights, you may be required to pay compensation and damages. In cases of discriminatory dismissal or breaches of whistleblowing protection, there is no upper limit on compensation. Similarly, there is no cap on compensation for wrongful dismissal claims taken to the County or High Court.
Alternatively, your business might opt to settle the dispute with your employee outside of the tribunal process. This often involves a payment and requires a willingness to negotiate.
Given the potential risk associated with employment disputes investing in legal advice can save you significant time and money.
Your Employment Distutes team at
Tierneys Solicitors
Lauren Lancaster
Partner / Head of Litigation & Property
Joined Tierneys in 2011
Russel Raslan
Solicitor
Joined Tierneys in 2023
Adele Dowdall
Legal Assistant
Joined Tierneys in 2006
Emma Field
Legal Assistant
Joined Tierneys in 2019
The Importance of Staff Contracts and Handbooks
Well-drafted staff contracts and handbooks set clear expectations and provide you with a degree of legal protection.
Here’s why they matter:
Clarity:
A clearly outlined contract sets the parameters for employment, detailing roles, responsibilities, salary, and hours.
Legal Framework:
Contracts and handbooks establish the framework for employment relationships and can be crucial in legal disputes.
Expectations:
They provide clarity on company policies, including leave, benefits, and disciplinary measures.
Compliance:
Up-to-date contracts and handbooks ensure compliance with employment law, avoiding costly legal issues.
Consistency:
A standard contract and handbook ensure consistency in managing staff and supporting fair treatment across your organisation.
How we can help
Talk to Lauren about
your Employment Issues
Legal Services to protect you
and your business
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