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A covenant which is drafted wider than is necessary to protect a business's legitimate business interests will not be enforced by the Court, and the business will lose the protection it wanted. If you have concerns about whether your business is protected in the event of key staff leaving you, or if you have questions about the covenants in your employment contract, please contact us: signet@signetlegal.com.
A sex equality clause is implied into all contracts of employment, providing for equal pay for equal work as between men and women. If an employer can show that the difference in pay is because of a "material factor" which is neither directly nor indirectly sex discriminatory and which does not disproportionately affect women, then the sex equality clause will not operate. This means in many cases that differences in pay can be justified and a claim will fail. For further advice please contact us: signet@signetlegal.com.
Interim relief can be granted by the Employment Tribunals as well as the High Court. We have experience of both types of application and can advise on your prospects of success as well as represent you throughout the proceedings. This type of litigation is fast-paced and demanding and you need lawyers with the experience and knowledge to handle it. For further information contact us: signet@signetlegal.com.
Consultation is an effective means of communicating with employees over change. Failure to comply with the obligation to consult can lead to a punitive award for each employee. If you are proposing to make redundant twenty or more employees within a ninety day period, or if you plan to sell or buy a business, outsource services, or bring them back in-house, you should take advice on your consultation obligations. We have extensive experience of advising clients on the handling of the legal and communication aspects of consultation exercises. For further advice contact us: signet@signetlegal.com.
For obvious reasons there is nothing we can say publicly about our experience in relation to team moves, other than that we have it, and that we have experience of advising the outgoing employer, the hiring employer, and members of the team. For further information on how we can help, please contact us: signet@signetlegal.com.
Prevention is better than cure. Our experience is that putting in place a well-drafted policy setting out the values and behaviours expected of employees reduces the risk of claims. We can help you put the procedures in place to protect your organisation. For further advice contact us: signet@signetlegal.com.
The prohibited forms of discrimination are age, sex, race, disability, sexual orientation, gender reassignment, marriage and civil partnership, pregnancy and maternity, religion and belief. There is also legislation about equal pay for equal work as between men and women. Harassment and victimisation are also prohibited as part of the Equality Act 2010. No qualifying period of employment is needed for these rights, and compensation is uncapped. In practice, it is in fewer than five per cent of discrimination claims that a finding is made by the Tribunal against an employer. To find out what happens to the other 95%, and for further advice, contact us: signet@signetlegal.com.
An employee who believes they have been dismissed for "blowing the whistle" may issue proceedings in the Employment Tribunal and, at the same time, apply for an order for "interim relief" to reinstate them on the payroll pending resolution of the dispute. We can advise you on the prospects of success attached to any such claim, and represent you in the proceedings. For further information contact us: signet@signetlegal.com.
The best way to minimise the risk of an employment dispute is to ensure that the contract of employment between the parties is well drafted, clear, and that there is no ambiguity. The Courts will construe a contractual ambiguity in favour of the employee. Areas of dispute are typically bonus provisions and restrictive covenants. With senior employees, who are also directors of a business, additional duties and obligations should be clearly documented. For further advice please contact us: signet@signetlegal.com.
Most contracts are the product of discussion and negotiation. Whether it is the employment provisions of a business sale agreement, an outsourcing contract, an employment contract, a consultancy agreement or a settlement agreement, we can help you with the drafting and the negotiation to help you secure the result you want. For advice contact us: signet@signetlegal.com.
We take a pragmatic approach, but sometimes we need to get technical. We ensure that we stay on top of the latest legal developments and have an active programme of in-house training to ensure that you receive advice based on a thorough understanding of the law. For sound advice contact us: signet@signetlegal.com.
If you want to establish a self-employment relationship you need to ensure that it is structured in the right way. If it is actually an employment relationship, employer and employee national insurance and PAYE deductions should be made, and the individual will have employment rights. We can advise you on whether the arrangement you have in place is likely to survive the scrutiny of HMRC or the Employment Tribunal. For further advice contact us: signet@signetlegal.com.
Every business has information which it rightly regards as confidential. For advice on how to protect that information and to ensure that it is not disclosed in an unauthorised way by your employees, or if you, as an employee, are concerned about confidential information which you hold, please contact us: signet@signetlegal.com.
The most frequently asked question by employers on the subject of retirement, since the abolition of the default retirement age, is "Can we still have a retirement age of 65?" There is no "one size fits all" answer. The first question we ask is what are the business's reasons for needing a retirement age of 65? When we know the answer to that, we can advise whether or not the reasons are capable of amounting to justification which would act as a defence to an age discrimination claim. Contact us for further information: signet@signetlegal.com.
Employees not only have the right to bring claims of harassment under the Equality Act 2010, they also have rights under the Protection from Harassment Act 1997, which can be enforced in the High Court. Either way, compensation is uncapped. For further advice on harassment claims, please contact us: signet@signetlegal.com.
Businesses may want to restructure the companies in their group for a variety of reasons including tax saving, more efficient administration, or, in difficult economic times, a reduction in headcount. This will have consequences for any employees of the business. We can guide you through the process to ensure the minimum of disruption to the business. Contact us for further information: signet@signetlegal.com.
When a company is looking to buy or sell a business it is key to ensure that it has the right protection built into the contract. Our lawyers have a wealth of experience working on mergers, acquisitions, public offerings, outsourcings, joint ventures and PFI contracts. Contact us for further information on our corporate support services: signet@signetlegal.com.
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (commonly known as 'TUPE') are amongst the most important and far reaching employment laws enacted. TUPE protects employees who are transferred when a business and its assets are sold but no shares in the owner company are sold. This protection can give employees more security than they previously enjoyed. Ignoring TUPE or getting it wrong can be expensive. We have extensive experience in this area, and can be contacted at signet@signetlegal.com.
Over time and through mergers and acquisitions companies will often end up with employees on a number of different contracts and terms and conditions. The inconsistencies can be problematic and time-consuming to administer and can also cause resentment between different groups of employees. We have helped clients in large-scale exercises to harmonise terms and conditions of employment. For further information, please contact us: signet@signetlegal.com.
Brought into law to protect people's personal information, data protection has now found its way into almost every aspect of life, including the workplace. We can help you get to the facts behind the myths and tell you what you are required to do (and what you need not do) to stay on the right side of the Information Commissioner and comply with all your obligations. For further advice, contact us: signet@signetlegal.com.
You need to know that the lawyers you instruct have the credibility and authority to operate at Boardroom level. We have advised in the Boardroom of large corporates and financial institutions, and we understand the particular pressures and sensitivities which arise when Board changes become necessary. For further information, please contact us: signet@signetlegal.com.
Sometimes things just don't work out. This is where you need lawyers to ensure that your interests are protected fairly but in a way that makes commercial sense to all parties. We have the experience of negotiating hundreds of agreed departures and will help you to achieve the outcome you want. Contact us for further advice: signet@signetlegal.com.
All too often in the optimism and excitement of a new role the small print gets overlooked. Sometimes employees and employers think that a certain course of action can only be taken if it is specifically provided for in the wording of a contract. Whatever the issue you need specialist employment lawyers to give you the current state of the law and to interpret contracts as a court would. Contact us for further advice: signet@signetlegal.com.
With the cost of litigation rising and the courts becoming busier and the timescale for resolution slower, alternative ways of resolving disputes have much to recommend them. Although litigation may ultimately turn out to be unavoidable, we will help you explore the other options including conciliation, mediation, arbitration and negotiation. For advice on dispute resolution contact us: signet@signetlegal.com.
Mediation is an increasingly popular form of dispute resolution, which successive governments have considered making a compulsory step prior to litigation. In simple terms, it is the process whereby an independent person assists two or more parties to resolve their differences within a safe, controlled and confidential environment. For the employer it is a much cheaper alternative to litigation and, if used at an early stage, it can prevent minor workplace problems from developing into major issues. Simon McMenemy is a trained mediator. For further advice contact us: signet@signetlegal.com.
Not to be confused with a Company's disciplinary procedure, performance management is one of the most useful management tools available if it is used correctly. Proper performance management can also help with managing an employee's expectations, if used swiftly when problems first arise. However, employers are often afraid of the process because of the time required to get it right, usually turning to the more expensive alternative of a negotiated exit. We can help you 'manage out' those employees who are not up to the mark and to help you retain good employees who just need some structured support. Contact us for further information: signet@signetlegal.com.
Disciplinary processes require an investment of management time and effort. We can help you keep the process moving. Properly used, a disciplinary policy can be an effective management tool. Contact us for further advice on the drafting of your policy or specific disciplinary issues: signet@signetlegal.com.
When you are buying a business you want to ensure there are no hidden risks. We have years of experience in analysing and quantifying the risk associated with taking on employees with unusual contract provisions or benefits packages as part of an acquisition and of looking at the adequacy of the protections in the contracts of the management team.For further advice on our corporate support services contact us: signet@signetlegal.com.
Litigation in the Employment Tribunal is quite unlike proceedings in the Civil Courts. For example, each party generally bears its own costs in the Tribunal, regardless of the outcome. We have a wealth of experience in representing both employers and employees. Whether you are seeking to defend claims brought by an employee or are considering issuing proceedings against your employer we can advise you. For further information, contact us: signet@signetlegal.com.
An individual's work status is not always as straightforward as it may seem. It is however crucial to get this right from the start, to ensure it is clear to both parties what employment rights an individual has and which party is liable to HM Revenue & Customs for national insurance contributions and income tax. Please contact us for further information: signet@signetlegal.com.
Employees who start employment on or after 6 April 2012 will need two years' continuous employment in order to bring a claim of unfair dismissal, rather than the one year for those employed before this date. For employers this may be a welcome change but you should be aware that employees do not need any qualifying period of employment in order to bring claims for discrimination or for dismissals which are 'automatically unfair'. For further information, please contact us: signet@signetlegal.com.
The right for employees to request to work flexibly (or part-time) was enacted in 2003. It has developed since then from rights for carers of children under the age of six to rights for carers of children under 17 and those who care for adults. We can assist you in dealing with such a request, in the context of a wider legal framework. Contact us for further information: signet@signetlegal.com.
Many claims and disputes end in settlement. The favourite way of documenting a settlement or agreement is by a compromise agreement. This is because it is one of very few ways in which a waiver by employees of statutory claims is effective. In return, employees may receive compensation, up to £30,000 of which may be paid tax free in certain circumstances. For further advice, please contact us: signet@signetlegal.com.
Employees have the right to request their 'personal data' from their employer. This includes personal data held both in structured paper files and processed automatically. Employees have no right however to see personal data which is subject to legal privilege, i.e. legal advice, nor to make more than one similar request. Subject access requests are not designed to be used as a means of obtaining disclosure of documents to assist litigation. For further advice, please contact us: signet@signetlegal.com.
Raising a grievance can often assist both employer and employee in dealing with an employee's concerns at an early stage. Although it is no longer necessary to lodge a formal grievance with an employer before issuing Employment Tribunal proceedings, it is generally still considered a sensible step before resorting to litigation. If you would like help in dealing with a grievance, please contact us: signet@signetlegal.com.
Many employment rights arise prior to an offer being made. Did you know that generally it is unlawful to ask pre-employment health questions prior to making an offer of employment? It is however still possible to ask questions in order to support disabled applicants to participate in the recruitment exercise, and there are other limited exceptions. We can help you with pre-employment recruitment issues. Please contact us for further information: signet@signetlegal.com.
Dealing with these situations is often sensitive, particularly where mental health issues are concerned. Whether you are an employee absent from work due to sickness or injury, or an employer with an employee on long term sickness absence, you will find that we have the experience you need to assist you in sensitively managing the situation. For further information contact us: signet@signetlegal.com.
Whilst many employees 'opt out' of the maximum 48-hour working week, this is not necessary for employees who have control over the hours they work, such as managing executives. Please contact us with any of your working time queries: signet@signetlegal.com.
Workers are entitled to 5.6 weeks' leave in each holiday year (which includes the public holidays). Four weeks' leave must be taken in the holiday year to which it relates. An employer cannot pay a worker in lieu of untaken holiday except on the termination of their employment, nor can an employer 'roll-up' holiday pay with a worker's hourly rate. For further information on holiday pay issues, please contact us: signet@signetlegal.com.
Did you know that both female and male employees can take paternity leave? This right occurs where the woman is the partner of the mother of the child. For further advice on maternity and paternity rights, please contact us: signet@signetlegal.com.
Employees with one year's continuous employment have the right to unpaid leave of 13 weeks per child under five. From March 2013, this entitlement will increase to 18 weeks per parent in respect of each child under five. Please contact us if you would like to know more: signet@signetlegal.com.
Whilst there is no obligation on an employer to give an employee or former employee a reference, there is a duty in providing any reference (for example, to a prospective employer or agency) not to make any misleading statements or comments. Employers need to ensure that any reference they choose to provide is fair, accurate and true. Please contact us for further advice: signet@signetlegal.com.
When an employee raises a grievance or where misconduct is alleged an investigation is normally carried out, usually by someone within the Company. But sometimes because of the sensitive nature of the allegation, the number of people involved or the size of the business it is necessary to bring in an independent third party to investigate and report. Our team has many years of experience in the handling and conduct of investigations. For more information on this service contact us: signet@signetlegal.com.
We advise both pension scheme trustees and members on internal dispute resolution procedures, including setting up decision making committees and on revising the terms of those procedures where appropriate. For further information contact us: signet@signetlegal.com.
The Pensions Ombudsman investigates a wide range of complaints connected to occupational pension schemes. These could involve complaints about trustees, disputes about an individual's entitlement (for example to ill health early retirement) or indeed a complaint brought by a newly appointed trustee against his predecessor. Contact us for further information about such a complaint: signet@signetlegal.com.
We have experience of advising pension scheme clients on scheme documentation which is unclear. If a coherent meaning can be inferred from the existing wording, the courts can be asked to give a ruling to confirm the true meaning of the document. For more information contact us: signet@signetlegal.com.
Where an error is discovered in pension scheme documentation and clear, consistent evidence exists to show what the terms ought to have been, the courts can be asked to give an order rectifiying the error. In most but not all cases this will require a witness trial. Deborah Latimer acted for the representative members in the well known Lansing Linde case at a previous firm. Contact us for further advice: signet@signetlegal.com.
Trustees seek Beddoe orders to gain certainty that they will be allowed to take litigation costs from trust funds. We have experience of these proceedings. For further information contact us: signet@signetlegal.com.
In most pensions matters members require separate representation, and we offer a focused service in these situations tailored to the requirements of the specific case. Contact us for further information: signet@signetlegal.com.
We have both claimant and defendant experience of judicial review claims. For further information contact us: signet@signetlegal.com.