We’re here to help with all employment law related issues, whether you are an employer or employee, whether you need help resolving a dispute or simply need advice about employment law.

Get in touch with our employment law solicitors in Horsham, West Sussex by giving us a call or emailing info@lewisdenley.com.

Our employment law solicitors’ expertise

We are able to provide a full range of employment law services to both employers and employees. Our services include:

  • Drafting and negotiating contracts of employment
  • Settlement agreements
  • Business (TUPE) transfers
  • Managing redundancies
  • Unfair dismissal
  • Constructive dismissal
  • Discrimination claims

Contracts of employment

The terms on which you hire or become an employee are hugely important for regulating the employer-employee relationship. As well as clearly setting out the parties’ expectations, a carefully crafted employment contract can minimise the risk of disputes (and where they do arise, provide the means to resolve them quickly and cost-effectively).

A suitable employment contract should cover matters such as:

  • Job title and/or description of work
  • Start date
  • Salary
  • Working hours
  • Holiday entitlements
  • Notice period

We have substantial experience drafting and reviewing contracts of employment. We can help you negotiate terms that are favourable to you as well as identify any potential areas of concern and provide advice about how to mitigate risk.

Settlement agreements

A settlement agreement could help you resolve a dispute with an employee or employer amicably without the need for employment tribunal proceedings, saving both parties considerable time and stress.

Typically, the settlement agreement will formally end the employee’s contract of employment. The employer will usually agree to pay a sum of money subject to the employee agreeing to waive their legal claims. This means that so long as the agreement is legally valid, the employee cannot later take their claims to an Employment Tribunal.

Settlement agreements can be used to settle the vast range of employment law issues , including unpaid wages, redundancy issues, discrimination, unfair dismissal, and TUPE issues.

We can provide clear, practical advice about settlement agreements, including negotiating and drafting the terms on your behalf. For employees in particular, it is essential to consult a specialist settlement agreement solicitor because such an agreement will only be legally valid if the employee receives independent legal advice. we will ensure that your agreement fulfils the legal requirements preventing minimising the risk of challenge later on.

Business (TUPE) transfers

Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) The rights of employees must be protected if the employer transfers the business or part of the business to another individual or company.

TUPE advice for employees

If you are an employee, TUPE preserves the terms of your employment and protects your legal rights when your employment is transferred. We can provide advice about your legal rights, ensure your new employer does not breach your rights, and help you make a claim if your rights are breached.

TUPE advice for employers

If you are an employer looking to acquire a business in part or in whole, we can help you fulfil your legal obligations towards the employees of the business and avoid unfair dismissal claims or other claims for breach of employment contract. Where disputes do arise, we can provide a robust defence strategy, utilising strong negotiation skills with the goal of settling the matter long before it reaches an Employment Tribunal.

Managing redundancies

We provide advice to both employers and employees on their rights and responsibilities in relation to redundancy. For both employers and employees, the redundancy process will typically be outlined in the contract of employment.

Redundancy advice for employers

Employers have a responsibility to follow a fair process when making their employees redundant. This includes consulting the employees at risk, providing reasons for the redundancy, and giving full and proper notice.

We have substantial experience helping employers fulfil their obligations under redundancy procedures to avoid breaching their employees’ rights.

Redundancy advice for employees

If you are an employee who has been employed for at least two years, you are entitled to redundancy pay. You also have other legal rights such as the right take time off to look for a new job and the option to move to a suitable alternative job role.

An employee who is dismissed in breach of the redundancy procedure may be able to make an Employment Tribunal claim for unfair dismissal. The employee may also be able to make a claim as they were made redundant in breach of another of their employment rights , such as the right not to be discriminated against on the grounds of personal characteristics such as age, gender, or race.

Unfair dismissal

Employers must have a fair reason to dismiss an employee. If an employee is dismissed unfairly and they have been employed for at least 2 years, they may be able to make a claim at an employment tribunal.

Unfair dismissal lawyers for employers

If you need to dismiss an employee for whatever reason, we can help you comply with your dismissal procedures and their statutory employment rights. Where any claims have arisen as a result of a dismissal, we can help you take practical steps to resolve the issue with your employee harmoniously, minimising the risk of the matter reaching an Employment Tribunal.

Our service includes providing professional support as you liaise with Acas (the Advisory, Conciliation and Arbitration Service) and providing advice about the suitability of a settlement agreement.

Unfair dismissal lawyers for employees

If you suspect that you have been unfairly dismissed, we can help you explore your options for accessing compensation. Our service includes reviewing your employer’s dismissal procedures, providing advice on the reasons behind the dismissal, and liaising with your employer with the goal of reaching a suitable settlement.

If your dismissal was related to a protected characteristic such as age, gender, or race, we may also be able to help you make a claim for discrimination.

Constructive dismissal

Constructive dismissal occurs where an employer has breached an employee’s contract of employment or employment rights, forcing them to resign.

Constructive dismissal lawyers for employers

If your employee is claiming constructive dismissal, we can advise you on your options for avoiding lengthy and troublesome Employment Tribunal proceedings. In our experience, we find that cooperative discussions with the employee to discover the root of the issue can be particularly effective. We can also provide advice on whether a settlement agreement to formally end the employee’s employment and their claims is appropriate in the circumstances.

Constructive dismissal lawyers for employees

If you have worked for your employer for at least two years, or your employer’s breach relates to an issue such as discrimination, you may be able to make a claim for constructive dismissal. We can assist you whether you are thinking about resigning or whether you have already resigned.

In many cases, your employer’s breach will be obvious and simple to prove. However, we also have substantial experience finding evidence in less clear-cut cases to prove that your employer’s behaviour made your position untenable, amounting to constructive dismissal.

Discrimination claims

Under the Equality Act 2010, it is unlawful to treat an employee unfairly because of a protected personal characteristic such as age, race, sex, maternity and pregnancy, disability, religion and belief, sexual orientation, gender reassignment, or marital status.

Discrimination claims solicitors for employers

We help employers handle discrimination claims. We have an in-depth understanding of this challenging and ever-changing area of law. We can advise you on the current law and how to implement policies, procedures, and make reasonable adjustments to prevent claims.

Where disputes do arise, we will provide a rigorous defence strategy to minimise the risk of negative publicity with the goal of settling the claim privately long before it reaches an Employment Tribunal.

Discrimination claims solicitors for employees

We regularly advise employees who have been discriminated against at work. We understand how frustrating, upsetting, and potentially humiliating being discriminated against can be. We will approach your case sensitively but practically with the goal of winning you the maximum amount of compensation possible and restoring your confidence.

Get in touch with our employment law solicitors in Horsham, West Sussex

Get in touch with our employment law solicitors in Horsham, West Sussex by giving us a call or emailing info@lewisdenley.com