employment solicitors

what is a Settlement Agreement?

A settlement agreement is a legally binding document that may be offered to you following the termination of your employment.

It usually involves a compensation or ex-gratia payment over and above the payments or benefits you are already entitled to as part of your contract or over and above your statutory entitlements.

Employers use settlement agreements as a way of agreeing employment termination terms to prevent possible future complaints to a tribunal.

why do you need legal advice when dealing with a Settlement Agreement?

For a settlement agreement to be legally binding, an employee has to receive independent legal advice on the terms and effect of the agreement.

The legal adviser must sign an Adviser’s Certificate to confirm that they have advice.

How can we help you with your Settlement Agreement?

Our specialist employment solicitors will ensure that the wording of the settlement agreement is adequately drafted to provide you with the necessary protection.

We will ensure your interests are protected and consider all terms of the agreement including:

• The amount of any compensation / ex-gratia payments
• Tax, pensions and payment dates
• Share and share options
• Post termination restrictions including confidentiality and restrictive covenants
• Agreed reference
• Announcements (internal and external)
• Confidentiality
• Legal fee contribution

We can advise you on potential claims you may have and can negotiate the best compensation package in the circumstances.

We are experienced in dealing with settlement agreements ranging from relatively routine pre-agreed settlements, to negotiating and advising on complex high value settlements.

who pays the legal fees?

Employers will generally make a contribution to cover your legal fees. This information should be included in the terms of the settlement agreement. We will discuss details of our fees when we first talk to you.

Redundancy can be stressful and unsettling. Working with our specialist employment solicitors helps you understand the process and your employer’s criteria, and help you challenge the redundancy selection.

helping you with redundancy.

It is important that the redundancy process is carried out in a fair and proper manner. We will hold your employer to account and ensure you are treated fairly.

Our specialist employment solicitors have extensive experience in advising people through the redundancy process and procedure. We will also explain and help you formulate your entitlement to redundancy compensation payments.

Settlement agreements are increasingly used by employers in redundancies. We can give you independent advice in relation to the terms and effect of entering into the agreement and the merits of any compensation package. Use our specialist skills in employment law to help negotiate a fair severance package from your employer.

what is an employment contract?

An employment contract is a document that sets out the terms and conditions under which you are employed. They are normally drafted by an employer but can be renegotiated in some circumstances.

helping you with your employment contract.

Our solicitors can review your employment contract and advise you on the content. We will help you understand what you are being asked to sign and negotiate the best terms for you if necessary.

We can advise you if there is a dispute or disagreement relating to the interpretation of your existing contract or if your employer wishes to change to your contract. We can also help if there is fundamental and unforeseen change that puts the contract at risk.

what is a restrictive covenant?

Restrictive covenants are clauses that form part of an employee’s contract of employment. They are there to protect employer’s business by restricting an employee’s activities after employment has ended.

helping you with a restrictive covenant.

Our specialist employment solicitors can advise you on this complex area of the law. It is important for you to get advice on restrictive covenant clauses in your employment contract, especially if it puts you at a disadvantage when looking for a new job.

We can also help you understand the legal implications of these clauses; breaching a restrictive covenant after your employment ends can result in major legal consequences and financial costs.

what is an employment tribunal?

An employment tribunal is an independent judicial body responsible for resolving disputes between employees and employers over employment rights.

helping you deal with an employment tribunal.

We can help you understand your chances of bringing a successful claim against your employer. We will give you a complete understanding of the law and your rights, as well as an explanation on the value of your claim, your obligations and a complete breakdown of likely costs.

We can advise and assist or represent you in employment tribunal proceedings in a wide range of areas including:

• unfair dismissal
• constructive dismissal
• breach of contract
• wrongful dismissal
• discrimination
• unlawful deduction of wages
• whistleblowing
• unlawful deduction of wages.

what should you do now?

If you believe you have a case that should be taken to an employment tribunal, contact us without delay; the timescales to issue claims are very short. We can advise you on your chances of success and can help you bring your claim to an employment tribunal.

Our lawyers can help you negotiate a settlement with your employer before a claim is issued through ACAS early conciliation, or at any time after a claim has been issued.

If you are being picked on, unfairly treated or intimidated at work, you could be a victim of bullying.

The first course of action is to try and resolve any problems by raising a complaint through your employer’s grievance procedure. If this does not help or if you have already left your job because of bullying, you should seek legal advice.

Workplace bullying, victimisation and harassment can result in an employment tribunal claim for constructive unfair dismissal or a claim for discrimination.

helping you with a bullying, victimisation and harassment claim.

Our specialist employment solicitors can help you understand your position in relation to workplace harassment, victimisation and bullying.

We can give you constructive, beneficial and pragmatic advice to help you consider your legal options when faced with a difficult and stressful working environment. With the right advice you’ll be able to make an informed decision and reach a suitable solution.

We all have a right not to be discriminated against. The Equality Act 2010 replaced previous anti-discrimination laws with a single Act to make the law easier to understand and to extend the protection of some groups of people.

The Equality Act 2010 defines protected characteristics; it is unlawful to treat an employee less favourably because of:

• age
• disability
• marriage or civil partnership
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation
• gender reassignment.

helping you with your discrimination claim.

Our specialist employment solicitors can help advise you on the merits of your discrimination claim, the level of compensation available, representation at an employment tribunal and negotiating the terms of settlement with your employer.

disciplinary action against you.

Being invited to a disciplinary hearing can be distressing, especially with the risk of the hearing resulting in a formal warning, dismissal or other sanction.

helping you with disciplinary action.

Working with our specialist employment solicitors means you have our professional support and guidance throughout the disciplinary process. We provide advice and assistance, including preparation for the hearing, analysis of your case and instruction on how to respond to allegations.

We can also help you with claims you wish to make as a result of a dismissal and can help you negotiate the termination of your employment.

grievances (a complaint made by you).

Grievances are best dealt with informally at an early stage with your immediate line manager. If you and your line manager cannot resolve your grievance informally then you should take your complaint to the management in your organisation to help find a resolution.

Your employers should have a procedure in place to handle grievances. This should follow the ACAS guidance.

helping you with grievances.

We can give you advice and help on how to deal with grievances.

This could include drafting the initial grievance, guidance and negotiating, helping with preparation for the hearing, analysis of the grievance response and dealing with any appeal or subsequent tribunal claim.

what is TUPE and how is it relevant?

If the company or firm you work for is being taken over, there are certain circumstances in which your employment rights can be safeguarded under a piece of law known as TUPE. TUPE stands for The Transfer of Undertakings (Protection of Employment) Regulations 2006.

helping you with TUPE.

We can help you by ensuring you are treated fairly, advising whether TUPE is relevant to your situation and the extent of any protection offered.

what can you expect?

Our solicitors will guide you through this complex legal area so that you are aware of your rights.

maternity.

Pregnancy should be a happy time but can become stressful if there are problems in the workplace.

Some women experience unfair treatment or can be unfairly selected for redundancy as a result of pregnancy.

The return to work from maternity leave can also be difficult, particularly where there have been changes to the workplace or where requests for flexible working have been turned down without good reason.

paternity.

With the ever-changing laws many employers are not aware of employees’ rights to paternity leave. Fathers and partners of a child’s mother are entitled to both paternity leave and unpaid parental leave if they meet certain eligibility criteria.

helping you with pregnancy, maternity and paternity related issues.

There are a large number of family-friendly rights you may benefit from, including flexible working or the right to take time off to deal with an emergency involving one of your children.

If you have been unfairly treated or you have not been allowed to exercise your rights, our team of specialist employment solicitors can help you.

Our solicitors can also help you draft an employment contract for employing a nanny.

Employment contracts and benefits packages are becoming increasingly complex. This can make negotiations with a prospective or existing employer difficult.
Whether you are a senior executive in the process of joining a new employer or accepting promotion from within your existing company, getting legal advice is a reassuring step to protecting your best interests.

let us help.

As well as routine employment law advice, our specialist employment lawyers can help you handle complicated situations including:

• reviewing contracts of employment or director’s service agreements and negotiating new terms
• advising on remuneration packages
• negotiating termination packages
• advising on the enforceability of restrictive covenants.