This team maintains a strong profile for its 'highly knowledgeable and practical advice' to senior executives and employers on a range of High Court and Employment Tribunal cases
Chambers UK 2013
Our clients include not-for-profit, voluntary sector and public sector employers, as well as a wide range of employers across the private sector, from employment agencies and care providers to publishers, leading retailers and advertisers.
In addition to leading on "cutting edge" cases and providing pragmatic solutions for our clients, we work closely with our Corporate team on mergers and acquisitions, transfers of staff and director and shareholder disputes. Our team has high level experience of resolving unexpected disputes with employees, advising on policies, procedures, recruitment and all forms of redundancies.
The areas on which we advise employers include (please click on the links to access knowhow on the topic):
- All areas of discrimination law including discrimination involving age, gender, race, ethnic origin and nationality, disability, religion or belief, sexual orientation
- Redundancies: from small to large scale, collective consultation obligations and redundancy payments
- Unfair dismissal, wrongful dismissal and constructive dismissal
- Departures, negotiating termination payments and settlement agreements
- Transfer of Businesses: informing and consulting staff, supplying employee liability information, conducting due diligence, restructuring and all other matters relating to TUPE
- Employer obligations to employees in relation to maternity, paternity and parental leave, flexible working, employee benefits, national minimum wage, salary sacrifice schemes and tax and National Insurance obligations, and health and safety
- Disciplinary and Grievance matters: ensuring a fair procedure is followed, handling multiple grievances, whistleblowing and public interest issues and matters relating to a misuse of social media by employees
- Restraint of Trade/Team Moves: Enforceability of restrictive covenants, confidentiality agreements and garden leave
- Resolving partnership disputes and director and shareholder disputes
- Employment Status: duties towards employees and self-employed workers, casual workers, agency staff, volunteers, individuals on work placements and interns
- Contracts of Employment: Drafting and reviewing and varying contracts of employment and executive service agreements, disciplinary and grievance procedures, staff handbooks and policies and staff pension schemes
- Working time (holiday pay), bonuses and deferred remuneration, long term incentive plans, and golden handshakes
- Data protection law as it relates to employment
- Employing staff outside of the UK
- Mediation: We frequently assist clients with mediating disputes. Martin Bunch (a partner in the Employment team) is a CEDR-accredited Mediator.
- Internal investigations: Our lawyers are experienced in conducting internal investigations on behalf of employers, particularly where there is a specific need for independent oversight.
We support our employer clients with a full range of services, including training packages, designed to meet specific requirements. These services include, mock employment tribunals and practical employment training, for more information contact Paul Seath (firstname.lastname@example.org).
We frequently undertake HR audits for clients, ranging from a review of the suitability of terms and conditions and applicable policies, to equality audits, where we look at the profiling of the employer in the context of potential conscious or subconscious discrimination and seek to identify with clients practices that may be leading to inequality. We advise on lawful positive action that employers can take to redress equality imbalance. We also undertake equal pay audits, reviewing remuneration to avoid the risk of expensive and time consuming equal pay claims.