Our specialists advise directors and senior employees facing complex employment issues, steering you through contracts claims and disputes.
A Settlement Agreement (formally known as a Compromise Agreement) is a legally binding agreement between an employer and an employee. Usually, the employee accepts a sum of money in return for agreeing not to bring certain legal claims against the employer.
The employee must obtain legal advice on the agreement. We can provide the expert advice you need to decide whether the agreement represents a good deal for you and to explain the effect of the agreement in clear terms. We have a proven track record of improving the settlement terms and compensation packages offered to employees.
Your employer will normally cover your legal fees for receiving advice on the Settlement Agreement.
Constructive Dismissal is where an employer has committed a serious breach of contract, entitling the employee to resign in response to the employer’s conduct. The employee is entitled to treat him or herself as having been “dismissed”. It is not enough to show that the employer has behaved unreasonably – it must be a fundamental breach of contract, such as a reduction in pay, being demoted without reason, or unreasonable disciplinary action.
This is a complex claim and in order to ensure the best possible outcome and compensation package, we would suggest that you seek our advice before you resign and without delay.
If you have already resigned, we can advise you on the next steps and guide you through the pre-conciliation and Tribunal procedure.
Unfair dismissal occurs where you have been dismissed without good reason or without the correct procedure being followed. In the majority of cases, you will need to have been continuously employed for a period of 2 years, however there are some exceptions.
We can help you through the ACAS pre-conciliation procedure and Tribunal claims, to achieve the compensation package you deserve.
Claims in relation to your employment are usually brought in an Employment Tribunal rather than a County Court. There are strict time limits for Employment Tribunal claims and therefore it is important that you contact us as soon as possible.
Employment Tribunals now charge an issue fee and a hearing fee. However, many people qualify for fee remission and do not have to pay these fees. For those who don’t, we offer an insurance backed scheme which allows you to pursue your claim without paying a penny. The insurance also pays for you to be represented at your hearing by a barrister.
Discrimination can occur in relation to:
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Religion or belief
- Sexual orientation
Discrimination can be devastating and stressful. We regularly help employees to achieve settlements or bring claims for compensation where discrimination has occurred. Discrimination can happen at any point during your employment, even during the recruitment process.
Redundancy is a form of dismissal. It happens when an employer needs to reduce their workforce, either because they have too many employees or the business is moving or closing.
If you’re being made redundant, you might be entitled to:
- redundancy pay
- notice of your dismissal
- a consultation with your employer
- the option to move into a different job
- time off to find a new job
You must be selected for redundancy in a fair way, and not on the grounds of your age, or because you’re disabled or pregnant. If you are, this could be classed as an unfair dismissal and discrimination.
Contracts of employment can often be lengthy and technical, particularly for senior positions. Contracts may contain restrictions which take effect when you leave your employment and may affect your ability to accept other offers of employment.
We can advise you in relation to any aspect of a contract of employment and specialise in advising on restrictive covenants.
This is a complex area of law, which provides for employees rights on the transfer of a contract or a business, so that their employer changes.
Your employer should consult with you before the transfer.
You should transfer to your new employer with your continuous service intact and with the terms and conditions you were under when employed by the old employer.
If you require further information or advice, please do not hesitate to contact us.
We specialise in advising directors on all aspects of their employment and directors duties. Executive and Directors Service Agreements are usually complex, lengthy and packed with post termination restrictions. We can advise on all aspects of these contracts and assist you with negotiating favourable terms.
When directors and executives face disciplinary action, performance management or grievance investigations, internal procedures can seem humiliating and can potentially affect your reputation within a business and with third parties. We are often involved before problems crystallise to trouble shoot, provide representation at meetings and negotiate exit packages when needed.
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