Employment Law – for Employers
Our employment law solicitors’ expertise
We are able to provide a full range of employment law services to employers. 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 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 and can 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 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. As the employer, you 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. We will ensure that your agreement fulfils the legal requirements 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 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 employers 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.
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.
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.
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.
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