Employment

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

Settlement Agreements

A Settlement 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.

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 and this reputation has grown with our ability to meet with individual working in these fields in London, close to their place of work. We understand the need to be able to deal with these types of matters pro-actively and we’re always happy to have the first meeting at no cost. If we feel that you have other claims available to you, we’ll advise you quickly, before any of those claims are compromised and we can then offer a range of funding agreements to help you bring the claim and to protect your rights.

What is vital that you act quickly and take strategic advice as early as possible. Then we can work together to ensure that you take the decisions that are right for you and those that are the most financially advantageous for your situation.

Fiona McAnaw

Director, Head of Department
01702 238529
fiona.mcanaw@btmk.co.uk

Kristie Willis

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

Samantha Hyslop

Paralegal
01702 238514
samantha.hyslop@btmk.co.uk

Fiona McAnaw – Director, Head of Department
01702 238541

Kristie Willis – Solicitor
01702 238529

Samantha Hyslop – Paralegal
01702 238514

Constructive & Unfair 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”.  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.

We can act for you with a variety of funding arrangements, including conditional fee agreements (“no win-no fee”) or damages-based agreements (“DBA”) and we can secure insurance where necessary to give you added protection in relation to expert or barrister’s fees.

Fiona McAnaw

Director, Head of Department
01702 238529
fiona.mcanaw@btmk.co.uk

Kristie Willis

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

Samantha Hyslop

Paralegal
01702 238514
samantha.hyslop@btmk.co.uk

Fiona McAnaw – Director, Head of Department
01702 238541

Kristie Willis – Solicitor
01702 238529

Samantha Hyslop – Paralegal
01702 238514

Tribunal Claims

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. We’ll provide specialist representation for your hearing. Depending on your circumstances, we can help you with your funding arrangements.

Our employment law experts have the a superb track record in successfully bringing claims for compensation from employers and other defendants. We only advise you to bring a claim if you’re likely to be successful. Litigation is always stressful, often expensive and you need the right team on your side, with access to the best employment law barristers where necessary, to help make a joint decision about whether your claim is worth pursuing and how best to do that.

If your claim is viable, we can act for you with a variety of funding arrangements, including conditional fee agreements (“no win-no fee”) or damages-based agreements (“DBA”) and we can secure insurance where necessary to give you added protection in relation to expert or barrister’s fees.

Fiona McAnaw

Director, Head of Department
01702 238529
fiona.mcanaw@btmk.co.uk

Kristie Willis

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

Samantha Hyslop

Paralegal
01702 238514
samantha.hyslop@btmk.co.uk

Fiona McAnaw – Director, Head of Department
01702 238541

Kristie Willis – Solicitor
01702 238529

Samantha Hyslop – Paralegal
01702 238514

Discrimination

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. We’ve secured huge settlements for employees who’ve been discriminated against and even in the most difficult cases.

Discrimination can occur in relation to:

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

If your claim is viable, we can act for you with a variety of funding arrangements, including conditional fee agreements (“no win-no fee”) or damages-based agreements (“DBA”) and we can secure insurance where necessary to give you added protection in relation to expert or barrister’s fees.

Fiona McAnaw

Director, Head of Department
01702 238529
fiona.mcanaw@btmk.co.uk

Kristie Willis

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

Samantha Hyslop

Paralegal
01702 238514
samantha.hyslop@btmk.co.uk

Fiona McAnaw – Director, Head of Department
01702 238541

Kristie Willis – Solicitor
01702 238529

Samantha Hyslop – Paralegal
01702 238514

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.

We’ll work with you to ensure that the process as well as your selection and the consultation process was fair. If it wasn’t, we’ll give you the most robust advice about your options and what you must do to protect your position.

Fiona McAnaw

Director, Head of Department
01702 238529
fiona.mcanaw@btmk.co.uk

Kristie Willis

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

Samantha Hyslop

Paralegal
01702 238514
samantha.hyslop@btmk.co.uk

Fiona McAnaw – Director, Head of Department
01702 238541

Kristie Willis – Solicitor
01702 238529

Samantha Hyslop – Paralegal
01702 238514

Contracts of Employment

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.

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’ll ensure that you’re protected as well as possible to ensure that if the worst happens and you have to move on, that you’re not unreasonably prevented from doing so.

Fiona McAnaw

Director, Head of Department
01702 238529
fiona.mcanaw@btmk.co.uk

Kristie Willis

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

Samantha Hyslop

Paralegal
01702 238514
samantha.hyslop@btmk.co.uk

Fiona McAnaw – Director, Head of Department
01702 238541

Kristie Willis – Solicitor
01702 238529

Samantha Hyslop – Paralegal
01702 238514

TUPE

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.

Fiona McAnaw

Director, Head of Department
01702 238529
fiona.mcanaw@btmk.co.uk

Kristie Willis

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

Samantha Hyslop

Paralegal
01702 238514
samantha.hyslop@btmk.co.uk

Fiona McAnaw – Director, Head of Department
01702 238541

Kristie Willis – Solicitor
01702 238529

Samantha Hyslop – Paralegal
01702 238514

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

Acting for Directors, Senior Employees and Board-Level recruitment can be complicated and challenging. We can help with complex employment issues and we’ll steer you through contracts, claims and disputes.

We specialise in advising on all contentious and non-contentious issues in this specialist area of the law. Often, employment contracts have to be read in conjunction with partnership or shareholder agreements, or Memorandum and Articles of Association and restrictive covenants and other obligations may also have to be interpreted in light of other formal documentation. We have specialists not only in our employment team but also in our corporate and commercial team and we’ll work together, to ensure that the preparation or dispute in relation to one form of agreement is also considered with other contractual remedies that could be available to you.

We can negotiate an exit package for you which may also need to end any company-law or partnership liabilities that you could have and we’ve got an entire team who will co-ordinate to enable you to get the best possible outcome.

Fiona McAnaw

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

Kristie Willis

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

Samantha Hyslop

Paralegal
01702 238514
samantha.hyslop@btmk.co.uk

Tony Briscoe

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

Lee Emptage

Director, Head of Department
01702 238520
lee.emptage@btmk.co.uk

Fiona McAnaw – Director, Head of Department
01702 238541

Kristie Willis – Solicitor
01702 238529

Samantha Hyslop – Paralegal
01702 238514

Tony Briscoe – Senior Solicitor
01702 238530

Lee Emptage – Director, Head of Department
01702 238520

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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

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