Business scaling up or down

Businesses need to be able to adapt and change in response to changes in the market to enable them to stay competitive, successful and at the top of their game. But what about the employees affected by such changes? Contact us for advice on the process of change.

Consultation

To consult or not to consult, that is the question… or rather should that be when and how to consult? And should that consultation be individual or collective? We’re on hand to make sure that you get it right.

Contracts, Staff Handbooks, Policies and Procedures

We can draft your employment contracts from simple contracts from junior employees to directors’ service agreements containing more complex clauses dealing with intellectual property, confidentiality and post-termination restrictions. Let us review your staff handbook and ensure that your contractor policies and procedures are fit for purpose, sometimes less is more!

Discipline & Performance Management

Do you know the difference between conduct and capability? It sounds easy, doesn’t it? Sometimes the lines are blurred making it difficult to decide which policy to follow when managing an employee’s behaviour. We provide expert guidance and assistance in relation to all disciplinary and performance matters to help you get it right and avoid Employment Tribunal claims.

Discrimination, Equality & Diversity

It’s not just about having an Equality & Diversity policy (albeit that is a start!). Equality is a hot topic in the world at the moment particularly highlighted by the #metoo campaign. But when is discrimination unlawful? What is a protected characteristic? In what circumstances does an employer have a defence against such behaviour? Whether you are an employer or an employee, we can guide you through this complex area of law.

Employment Protection Scheme

Employers can join our Employment Protection Scheme; a scheme backed by insurance to cover you against the costs of employment tribunal awards or the costs of settlement and legal fees. There is a small retainer and insurance premium to pay; a bespoke quotation can be provided on request and is dependant upon your wageroll, number of employees and last 3 years claims history. Contact sallyfletcher@samuelphillips.co.uk for further information.

Expert Representation

We do the majority of our own advocacy so you have the same solicitor throughout the case up to and including a hearing in the Employment Tribunal. We also represent clients in the Employment Appeal Tribunal, High Court, Court of Appeal, Supreme Court and the European Court of Justice.

We can represent professionals such as doctors, lawyers and teachers in regulatory proceedings.

GDPR

Employers not only hold data about their customers and clients, they also hold and process data of their employees, sometimes this may be special data (previously known as sensitive personal data). We can advise you regarding your obligations under GDPR, help you handle subject access requests and give guidance as to what to do, if there is a breach.

Grievances

Do you know what to do when you receive a complaint from an employee? We can guide you through the grievance procedure and ensure that you are compliant with the ACAS Code of Practice on Disciplinary & Grievance procedures.

We also help employees on how best to present their grievances to their employers.

Settlement Agreements

We draft Settlement Agreements and give guidance as to how you can have those tricky protected conversations with an employee. We also advise employees on Settlement Agreements.

TUPE transfer

Whether it be a business transfer or a service provision change, we’re on hand to help you understand your employment law responsibilities under TUPE including your responsibility to provide Employee Liability Information, obligations to inform and consult employees about measures, the automatic transfer principle and pension rights.

Unfair Dismissal

Potentially fair reasons for dismissal include misconduct, performance and capability, redundancy and some other substantial reason. Dismissals must also be handled fairly and in accordance with the ACAS Code of Practice on Disciplinary & Grievance Procedures. We act for employees and employers where the reason for dismissal is unfair or hasn’t been handled fairly. We can act for you in all steps from ACAS Early Conciliation up to and including Employment Tribunal hearings and appeals (where necessary).

Whistleblowing

Can you tell the difference between a whistleblowing complaint and an ordinary grievance? If an employee makes a qualifying, protected disclosure, which in the reasonable belief of the worker shows a qualifying failure and the worker believes making the disclosure is in the public interest, then subjecting that worker to a detriment or dismissing that worker for making that disclosure could be costly. We advise employers how to handle whistleblowing complaints received from employees.

We also act for workers and employers in claims for unfair dismissal for making a whistleblowing complaint and in claims where workers have suffered less favourable treatment for having blown the whistle.

Frequently asked questions

  • How do I start a claim?

  • Are there any time limits for bringing an Employment Tribunal claim

  • How long will my case take?

  • What might I receive in terms of compensation if my claim is successful?

  • What will it cost?

  • Is there anywhere else I can bring my claim?

Meet the Employment team

Solicitors

  • Robert Gibson

    Senior Partner - Employment

    View profile

  • Niamh Reading

    Trainee Solicitor

Support staff

  • Alison Whitfield

    PA to Robert Gibson – Employment