Why Would Employers Need the Help of Professional Employment Law Consultants?
As emphasized earlier, employers are more likely to need legal advice in employment matters, owing to the burden placed on them by the current regulatory environment. Here are the two most popular reasons:
A failure to handle the above in the best way can lead to tensions between employers and workers which can escalate really quickly.
Only expert employment law solicitors with superb negotiation skills are capable of prompting amicable arrangements so that you are not tied to a long, time-consuming, and costly trial. In case negotiation fails, we’ll offer clients full advice and legal representation services aimed at offering the best possible results in a reasonable timeframe.
We provide employment law support in all aspects, from contract navigation to dealing with issues with employees and employment tribunals. Call us today on 0333 305 9375 for assistance.
- Expert HR Advice for Employers
- What Is a Contract of Employment?
- What Is a Staff Handbook?
- What Are Disciplinary Issues?
- Staff Dismissal and Employment Law
- Disciplinary Procedure Guidance
- Professional Employment Law Consultancy During Conciliation and Tribunal Disputes
- How Can IAS Law Help?
- Frequently Asked Questions
Expert HR Advice for Employers
Human Resources are some of the most important assets in a company or organisation. They’re also very likely to pose challenges for any business owner, especially in light of current legislation.
As an employer or business, you will face very stringent regulations even before you have signed any contract with an individual, for you will have to abide by anti-discrimination rules when dealing with candidates. Also, before offering a position, you’ll have to make sure you choose the right employee contract type.
One of the most pressing concerns for employers is having the right documentation handy at all times. HR issues can go very wrong if you don’t have all these legal flanks covered from the start.
From a legal standpoint, HR covers aspects such as dismissals, organising payslips, handling paperwork, and drafting contracts and staff handbooks. In addition, you’ll have to manage holidays, leaves, and other such topics.
Our employment law consultants have a vast knowledge of the legal facets of Human Resource management and employee relations and may deliver tailored advice on achieving business compliance by setting up and maintaining an organised and solid documentation system.
We also use our expertise to guide our clients in drafting the right type of contract for their workers. That way, they will not be left unprotected or exposed to compliance issues that could prompt government sanctions and/or legal actions from unsatisfied workers.
With all that said, let’s briefly go over the basics.
Get Legal Help With Employment Contracts
What Is a Contract of Employment?
A contract of employment is an agreement between two parties, namely, an employer and an employee, in which the latter agrees to work for the former in exchange for remuneration.
Must Contracts Be Written?
This agreement, by virtue of the Employment Rights Act of 1996, must be in written form and should contain all terms and conditions applicable to both parties, as well as details related to payment conditions, notice period, starting date, and working time, among others.
Furthermore, the employer is obliged to give the employee a copy of the terms of employment (often called a “written statement”) from the first working day.
The terms found in a contract of employment are entitlements granted to each party that may be enforced in court or employment tribunals.
Types of Contracts
There are various types of employment contracts depending on the particular service conditions. A qualified legal team should be able to draft the contract that best matches the worker’s profile and suits your particular interests.
Employee contracts are categorised as follows:
- Junior employment contract
- Senior (executive) employment contract
- Director’s service agreement
- Consultant (freelance) contract
Employment law treats each category differently, so it’s crucial that, as an employer or business owner, you get it right the first time to elude any potential liabilities. Call us today on 0333 305 9375 for assistance.
What Is a Staff Handbook?
A staff handbook is a general repository that should give staff members a clear outline of the different procedures, methods, and employment policies that ought to be followed, as well as the general behaviour that is expected from them.
Staff Handbooks vs. Employment Contracts
In contrast to employment contracts, staff handbooks do not contain fixed terms and conditions. Rather, these tools are devised in a way that allows for more adaptation, and they may be tweaked in accordance with what the employer may deem reasonable at a given moment.
In that sense, this handbook is more of a discretionary document that gives the business or organisation enough flexibility to even disregard its details on certain occasions.
However, this doesn’t mean that employees cannot object to the contents of the handbook if there is wording that could be construed against their interests and in violation of employment law. For this reason, organisations should seek expert advice from employment law consultants for the purpose of redacting a document that doesn’t contain dubious language. Call us today on 0333 305 9375 for assistance.
What Are Disciplinary Issues?
Certain actions and behaviours displayed by members of the staff could be identified as grounds for oral warning or dismissal. These types of actions fall under the category of “disciplinary issues”.
Examples of disciplinary issues include:
- Constant lateness or absence without authorisation
- Working under the influence of alcohol or drugs
- Violation of health and safety rules
- Insubordination or failure to follow lawful instructions
- Disrespect towards the employer
- Discrimination or harassment of customers or workmates
Our firm is composed of highly-qualified individuals with ample trajectory in employment law consultancy who are more than ready to assist you in all legal matters related to your work relations for best practice. We can help you create the right disciplinary procedure. Call us today on 0333 305 9375 to get started.
Staff Dismissal and Employment Law
Under current UK employment law, employers are not permitted to dismiss members of personnel freely, but only for the reasons listed in the Employment Rights Act that we mentioned previously. These reasons are:
- Unsatisfactory performance
- Redundancy (if there is a need to reduce the workforce)
- Statutory restrictions (if the hirer breaks the law by continuing the working relationship)
- Another “substantial reason”
These are deemed “fair reasons” for dismissal and are only mandatory if the staff member in question has spent more than two years working with the employer. Ousting a personnel member for reasons other than the ones mentioned would constitute unjust dismissal.
Unjust Dismissal vs. Constructive Dismissal
Employees can potentially claim before a judge that they were forced to resign due to a serious breach on the part of the employer. This is oftentimes called a “constructive dismissal” claim and is characterised by the fact that there is no express dismissal letter involved, as opposed to “unjust dismissal” claims.
It would initially seem more convenient to get rid of employees by inciting their resignations, but this could be the costliest route in the face of a prospective employment tribunal claim.
Disciplinary Procedure Guidance
UK employment law stipulates that to dismiss or issue an official oral warning to a worker, managers must first conduct an investigation to establish the facts.
The norms for carrying out this investigation are laid out in the ACAS Code of Practice on disciplinary and grievance procedures. By following the parameters contained therein, you may have a better chance of tilting the scales in your favour in case legal action is taken against you in an employment tribunal.
To this effect, the aid of an employment law team is never overrated. Outsourcing your disciplinary tasks to competent solicitors in a timely manner is the best way to obtain lasting results, as you’ll be ensuring that a third party will take care of the proceedings without your biased input.
Employment tribunal hearings are the last round in the contentious processes between employers and employees, and UK employment law takes them so seriously that, in most cases, it compels both employers and employees to go through a prior conciliation phase with Acas (Britain’s public advisory, conciliation, and arbitration service provider).
Employment law support during trials is key to a successful outcome. Legal actions of this scope could have you losing a lot of time and money, which is why, as a business owner, you ought to find ways to settle with employees before reaching this stage.
What Are Employment Tribunals?
They are public bodies within the UK judicial system tasked with hearing and processing claims from employees on employment matters such as:
- Unfair and constructive dismissal
- Unfair deductions from pay
Get Advice from Specialist Employment Law Solicitors During Tribunal Hearings
Our expert employment law consultants are well experienced in handling employment cases whenever they reach the tribunal level. You may contact us for further advice and support if you receive a notification from a judge regarding a claim made against you. Call our telephone number (0333 305 9375) for more details.
How Can IAS Law Help?
IAS Law is composed of a team of skilled solicitors who have dealt extensively with legal problems on both sides of employment relations and know how to legally assist employers when confronted with a plethora of possible risks, liabilities, or claims.
Our employment law consulting firm can help you in all legal matters related to HR management, employee relations, and negotiations, as well as defend you in the event of a litigation process.
In addition, you may browse through the free resources available on our website to understand what to expect from our services.
If you need consultancy regarding the matters we just mentioned, call us today at 0333 305 9375 and schedule a meeting with us.
Yes, we may be able to offer support whenever you’re confronted with strike action, grievances, disputes, or union recognition claims. Our firm is not only concerned with individuals but also with collective employment relations.
We can give you estimated fee ranges depending on the complexity of your case. The prices may differ for simple cases, moderately complex cases, and complex cases. Fees for expert witnesses and barristers are calculated separately. Contact us today for a custom estimate.
Employment tribunal decisions can only be appealed if they violate legal norms. The right to appeal is not granted on the grounds that a ruling may affect a party’s interests.