Employment

Our experts will advise directors and senior employees facing complex employment issues, steering you through contracts claims and disputes.

Settlement Agreements

What is a Settlement Agreement?

A Settlement Agreement (or Compromise Agreement as it was previously known) is a legally binding agreement between an employer and employee. Usually the employee receives a payment in exchange for agreeing not to bring certain claims against their employer. The employer would generally pay the employee’s legal fees.   

Why instruct our employment solicitors?

A settlement agreement will not be legally binding unless the employee receives independent legal advice.

Our settlement agreement solicitors will:

  • explain the agreement in clear terms and advise you of your options;
  • advise you on your prospective claims against your employer;
  • explain how payments under the settlement agreement should be taxed;
  • negotiate more favourable terms, if the proposed payments are not sufficient to compensate you.

It is vital that you act quickly and take strategic advice as early as possible if you would like to obtain a settlement agreement or have already been offered one.

We have offices across South Essex and London. If you receive a settlement agreement, contact one of our employment law solicitors to answer any queries or arrange an appointment.

Fiona McAnaw

Director, Head of Department
01702 238541
fiona.mcanaw@btmk.co.uk

Kristie Willis

Solicitor
01702 238529
kristie.willis@btmk.co.uk

Isobel Wooffitt

Trainee Solicitor
01702 238566
isobel.wooffitt@btmk.co.uk

Fiona McAnaw – Director, Head of Department
01702 238541

Kristie Willis – Solicitor
01702 238529

Samantha Hyslop – Paralegal
01702 238514

Isobel Wooffitt – Trainee Solicitor
01702 238566

Constructive & Unfair Dismissal

What is unfair dismissal?

Unfair dismissal occurs where you have been dismissed without good reason or without the correct procedure being followed.

What is constructive dismissal?

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”.

Why instruct our employment solicitors?

Our employment lawyers will:

  • advise you on your options;
  • assist you with ACAS early conciliation;
  • represent you in any Employment Tribunal proceedings;
  • seek to negotiate a settlement with your employer;
  • explore the various funding options available to you.

It is important that you take advice as soon as possible as there are strict time limits for bringing Tribunal claims. 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.

We have offices across South Essex and London. If you feel that you need any advice, contact one of our employment law solicitors to answer any queries or arrange an appointment.

Fiona McAnaw

Director, Head of Department
01702 238541
fiona.mcanaw@btmk.co.uk

Kristie Willis

Solicitor
01702 238529
kristie.willis@btmk.co.uk

Isobel Wooffitt

Trainee Solicitor
01702 238566
isobel.wooffitt@btmk.co.uk

Fiona McAnaw – Director, Head of Department
01702 238541

Kristie Willis – Solicitor
01702 238529

Samantha Hyslop – Paralegal
01702 238514

Isobel Wooffitt – Trainee Solicitor
01702 238566

Tribunal Claims

What is an Employment Tribunal?

An Employment Tribunal is a type of Tribunal which makes decisions and gives judgment on employment issues, for example, claims for unfair dismissal and discrimination. It is generally more informal than a Court and has its own rules of procedure.

Why instruct our employment solicitors?

Our employment lawyers will:

  • advise you on your options;
  • assist you with ACAS early conciliation;
  • represent you in any Employment Tribunal proceedings;
  • seek to negotiate a settlement with your employer;
  • explore the various funding options available to you.

It is important that you take advice as soon as possible as there are strict time limits for bringing Tribunal claims. In order to ensure the best possible outcome and compensation package, we would suggest that you seek our advice without delay.

We have offices across South Essex and London. If you feel that you need any advice, contact one of our employment law solicitors to answer any queries or arrange an appointment.

Fiona McAnaw

Director, Head of Department
01702 238541
fiona.mcanaw@btmk.co.uk

Kristie Willis

Solicitor
01702 238529
kristie.willis@btmk.co.uk

Isobel Wooffitt

Trainee Solicitor
01702 238566
isobel.wooffitt@btmk.co.uk

Fiona McAnaw – Director, Head of Department
01702 238541

Kristie Willis – Solicitor
01702 238529

Samantha Hyslop – Paralegal
01702 238514

Isobel Wooffitt – Trainee Solicitor
01702 238566

Discrimination

What is discrimination?

Discrimination on any of the following grounds is unlawful:

  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Pregnancy and maternity
  • Race
  • Religion or belief
  • Sex
  • Sexual orientation.

There are many different forms of discrimination from direct discrimination to harassment and bullying. Discrimination can happen at any point during employment including during the recruitment process.

Why instruct our employment solicitors?

Our employment lawyers will:

  • Assist you in raising any complaints and support you through any grievance process;
  • advise you on your options;
  • assist you with ACAS early conciliation;
  • represent you in any Employment Tribunal proceedings;
  • seek to negotiate a settlement with your employer;
  • explore the various funding options available to you.

It is important that you take advice as soon as possible as there are strict time limits for bringing Tribunal claims. In order to ensure the best possible outcome, we would suggest that you seek our advice without delay following any potential discrimination.

We have offices across South Essex and London. If you feel that you need any advice, contact one of our employment law solicitors to answer any queries or arrange an appointment.

Fiona McAnaw

Director, Head of Department
01702 238541
fiona.mcanaw@btmk.co.uk

Kristie Willis

Solicitor
01702 238529
kristie.willis@btmk.co.uk

Isobel Wooffitt

Trainee Solicitor
01702 238566
isobel.wooffitt@btmk.co.uk

Fiona McAnaw – Director, Head of Department
01702 238541

Kristie Willis – Solicitor
01702 238529

Samantha Hyslop – Paralegal
01702 238514

Isobel Wooffitt – Trainee Solicitor
01702 238566

Redundancy

What is redundancy?

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.

Why instruct our employment solicitors?

Our employment lawyers will:

  • work with you to ensure that the process as well as your selection and the consultation process was fair
  • advise you on your options;
  • assist you with ACAS early conciliation;
  • represent you in any Employment Tribunal proceedings;
  • seek to negotiate a settlement with your employer;
  • explore the various funding options available to you.

It is important that you take prompt advice in order to protect your position.

We have offices across South Essex and London. If you feel that you need any advice, contact one of our employment law solicitors to answer any queries or arrange an appointment.

Fiona McAnaw

Director, Head of Department
01702 238541
fiona.mcanaw@btmk.co.uk

Kristie Willis

Solicitor
01702 238529
kristie.willis@btmk.co.uk

Isobel Wooffitt

Trainee Solicitor
01702 238566
isobel.wooffitt@btmk.co.uk

Fiona McAnaw – Director, Head of Department
01702 238541

Kristie Willis – Solicitor
01702 238529

Samantha Hyslop – Paralegal
01702 238514

Isobel Wooffitt – Trainee Solicitor
01702 238566

Contracts of Employment

How important is a contract of employment?

Your contract of employment governs your relationship with your employer. You are entitled to receive at the very least a statement setting out the main terms of your employment including but not limited to, the date your employment starts and the date your continuous employment began, your hours of work, holiday entitlement, place of work.

Why instruct our employment solicitors?

Our employment lawyers will:

  • advise you on the terms of your contract of employment including any restrictions which take effect when you leave your employment and may affect your ability to accept other offers of employment;
  • ensure you are protected as well as possible if the worst happens and you have to move on.

We have a particular specialism in advising in relation to contracts of employment for Directors of owner-operated Companies, to ensure that the contracts are compliant with existing company documentation, as well as complicated contracts containing complicated restrictions in sensitive sectors such as banking, finance and insurance.

We have offices across South Essex and London. If you feel that you need any advice, contact one of our employment law solicitors to answer any queries or arrange an appointment.

Fiona McAnaw

Director, Head of Department
01702 238541
fiona.mcanaw@btmk.co.uk

Kristie Willis

Solicitor
01702 238529
kristie.willis@btmk.co.uk

Isobel Wooffitt

Trainee Solicitor
01702 238566
isobel.wooffitt@btmk.co.uk

Fiona McAnaw – Director, Head of Department
01702 238541

Kristie Willis – Solicitor
01702 238529

Samantha Hyslop – Paralegal
01702 238514

Isobel Wooffitt – Trainee Solicitor
01702 238566

TUPE

What is TUPE?

TUPE stands for Transfer of Undertakings (Protection of Employment) Regulations 2006. 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.

Why instruct our employment solicitors?

Our employment lawyers will:

  • advise you whether TUPE applies to your situation;
  • advise you on your rights if your employment is transferring;
  • assist you with ACAS early conciliation;
  • represent you in any Employment Tribunal proceedings;
  • seek to negotiate a settlement with your employer;
  • explore the various funding options available to you.

We have offices across South Essex and London. If you feel that you need any advice, contact one of our employment law solicitors to answer any queries or arrange an appointment.

Fiona McAnaw

Director, Head of Department
01702 238541
fiona.mcanaw@btmk.co.uk

Kristie Willis

Solicitor
01702 238529
kristie.willis@btmk.co.uk

Isobel Wooffitt

Trainee Solicitor
01702 238566
isobel.wooffitt@btmk.co.uk

Fiona McAnaw – Director, Head of Department
01702 238541

Kristie Willis – Solicitor
01702 238529

Samantha Hyslop – Paralegal
01702 238514

Isobel Wooffitt – Trainee Solicitor
01702 238566

Restrictive Covenants & Confidentiality

Whether you are in the process of negotiating your contract of employment or looking to move on, it is important that you fully understand any restrictive covenants or confidentiality obligations and the impact these may have in the future. Similarly, you may have changed employment and already be in breach or alleged breach of your previous contract. Things can get messy. Litigation can be expensive and time-consuming, and could also cause problems for your new employer. We’ll help you avoid this.

Our specialists co-ordinate to give you expert advice in relation to restrictive covenants. They can arise in employment contracts, partnership agreements, shareholder agreements, business acquisition agreements or management buy-out agreements. Basically, in a whole variety of situations. Moreover, they’re often entered into without much thought into what might happen if things go sour.

Often called non-compete clauses, this is an area of law that is complex and one which changes regularly. It can change with trends in employment, particularly if a high-concentration of specialists are located in a small geographical area. They can also arise to ensure that you don’t compete with your employer post-termination, or that you don’t compete with someone who has acquired your business. They are often used in the City of London in fields of finance or insurance and where our expertise really lies.

The consequences are often severe. They can result in injunctions, claims for damages, reputational damage and problems for your future or new employer. Our specialists are here to help you navigate this risk. Forearmed is forewarned and therefore obtaining advice on the potential liabilities is always advisable and we’re here to provide that advice.

Quite often, clauses can overreach and be excessive both in terms of time, geographical restrictions and areas of work. We’ll help you to challenge the clauses were appropriate and to minimise your risk if necessary. If the worst happens and proceedings are issued, our specialists work with our litigators to obtain the best outcome and to look at things strategically to allow you to move forward with your plans.

For your convenience, we have offices in the City of London and across Essex. We have a wealth of experience, acting for senior individuals in the insurance, banking and finance sectors in this constantly evolving and challenging area of the law. You need to be advised quickly and decisively not only about your options but how the other party is likely to react. This means you need advice from individuals who’ve encountered the situation previously and know the options that the other side have available and who can act strategically to ensure the risk of you being embroiled in lengthy and expensive litigation can be minimised.

Fiona McAnaw

Director, Head of Department
01702 238541
fiona.mcanaw@btmk.co.uk

Adam Fleming

Director, Head of Department
01702 238519
adam.fleming@btmk.co.uk

Fiona McAnaw – Director, Head of Department
01702 238541

Adam Fleming – Director, Head of Department
01702 238519

Nadia Fabri – Solicitor
01702 238536

Directors, Shareholders & Executives

Why instruct our employment solicitors?

Our employment lawyers:

  • can help with complex employment issues and steer you through contracts, claims and disputes;
  • specialise in advising on all contentious and non-contentious issues in this specialist area of law;
  • work with specialists in our corporate and commercial team to ensure that the preparation or dispute in relation to one form of agreement is also considered with other contractual remedies (in light of partnership or shareholder agreements, or Memorandum and Articles of Association).

We have offices across South Essex and London. If you feel that you need any advice, contact one of our employment law solicitors to answer any queries or arrange an appointment.

Fiona McAnaw

Director, Head of Department
01702 238541
fiona.mcanaw@btmk.co.uk

Isobel Wooffitt

Trainee Solicitor
01702 238566
isobel.wooffitt@btmk.co.uk

Tony Briscoe

Senior Solicitor
01702 238530
tony.briscoe@btmk.co.uk

Lee Emptage

Director, Head of Department
01268 211999
lee.emptage@btmk.co.uk

Fiona McAnaw – Director, Head of Department
01702 238541

Kristie Willis – Solicitor
01702 238529

Samantha Hyslop – Paralegal
01702 238514

Isobel Wooffitt – Trainee Solicitor
01702 238566

Tony Briscoe – Senior Solicitor
01702 238530

Lee Emptage – Director, Head of Department
01268 211999

Settlement Agreements Employment Law BTMK

When to Settle for a Settlement Agreement

  When to Settle for a Settlement Agreement  Settlement Agreements, formerly known as Compromise Agreements, are widely used by employers for a variety of different reasons. They generally involve the employer paying an employee an additional amount that they are...
Gender Pay Gap BTMK

The Gender Pay Gap; is this discrimination?

  The Gender Pay Gap; is this discrimination? The gender pay gap has been a hot topic recently, and with Hollywood stars such as Benedict Cumberbatch championing the cause it is no surprise. In a recent interview Mr Cumberbatch revealed that he would turn down...

Flexible Working Hours – What You Need To Know

Flexible Working Hours – What You Need To Know Until 2014 the right to request flexible working was reserved for employees with children under the age of 17. However, the introduction of new legislation in June 2014 extended this right to include all employees who...
BTMK Bullying In The Workplace

Bullying and discrimination in the workplace

Bullying and discrimination in the workplace Bullying and discrimination in the work place happens far too often. It can happen to anyone at any level, in any organisation and for any reason. I’ve helped employees in cases of bullying and discrimination, from...

Book a FREE Consultation

Thank you for the professional and kind way in which you have treated us, you will never truly appreciate how much that has meant, you are in our eyes, absolute stars.

– Mr. L, Thundersley

Their whole approach provided me with significant confidence in their direction of the case which was ultimately resolved in my favour. I would have no hesitation in recommending BTMK as the employment solicitor of choice. 

– Ms. O, Shoeburyness

BTMK were immediately convincing, providing me with easy to understand advice and guidance, setting out what they believed to be a clear route through my problem and presenting a robust response on my behalf.

– Mr. F, Westcliff

Very good service, everything clearly explained.

– Mr. H, Leigh-on-Sea

Happy with the service, and would highly recommend.

– Mr. T, Middleton

BTMK is authorised and regulated by the Solicitors Regulation Authority. Company Registration No. 05466421  |  VAT No. 352170678

© 2019 BTMK Solicitors. Site by Essex Social Media Ltd.

Font Resize