Employment

Whether you are an individual looking for advice on a service agreement or a large multi-national company requiring service agreements for your employees, our employment specialists have vast experience in reviewing and preparing service agreements from all levels of experience from administrators to directors to chief executive officers.

We can advise on all aspects involved in service agreements including:

• Reviewing service agreements
• Drafting service agreements
• Drafting handbooks
• Restrictive covenants
• Duties
• Garden leave provisions
• Holidays
• Disciplinary issues
• Pay provisions including share bonus schemes
• Settlement agreements

We understand the requirement for bespoke service agreements which are specifically tailored to suit the needs of the employee and the business. We pride ourselves on not just our legal expertise but our commercial awareness to ensure the advice we provide is legally astute and commercially sensible ensuring an efficient and healthy working relationship.

TUPE rights are covered under the Transfer of Undertakings (Protection of Employment) Regulations 2006 as amended by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014.

TUPE applies to all businesses where there is a business transfer or a service provision transfer.

Where there is a transfer, employees who are being transferred become employees of the new employer and take with them their continuous service from their previous employer. The terms of their employment contracts must remain the same. This can sometimes cause an issue for new employers who wish to ‘harmonise’ employment contracts. The regulations are in place to ensure the protection of transferring employees. Terms of the contract can only be amended for specific reasons.

Where you are undergoing a TUPE transfer, our specialist employment lawyers can assist you or your business of issues relating to:

• Explaining employers duties including disclosure of employee liability information
• Requirements for Consultations
• Dealing with dismissals and redundancies
• Collective agreements
• Varying contracts

During transitional phases, we understand the imperative nature of a smooth and efficient process and tailor our advice to your specific circumstance.

Call us today to arrange a free consultation to see how we can help you.

Holiday pay provisions can vary considerably from employer to employer. However where you are in dispute with your employer over your entitlement, our specialist solicitors will be able to assist you and advise you on the best way forward to achieve an amicable and fair solution.

We can assist with all issues relating to holiday pay including:

• Annual leave entitlement
• Payments
• Requesting leave
• Entitlement and pregnancy
• Sickness whilst on holiday
• Public duties
• Religious holidays
• Compassionate leave
• Unpaid leave

Call us today to arrange a free consultation to see how we can help you.

If your employer has failed to pay you on time or less than you are contractually entitled, you may have a claim for unlawful deduction of wages.

Employers are only authorised to make deductions if they are permitted by statute or in accordance with any express provisions set out in your contract of employment.

Employees are protected under the Employment Rights Act 1996. Pursuant to The Deduction from Wages (Limitation) Regulations 2014, an employee has a two year time limit on which to bring claims for unlawful deduction of wages for holiday pay.

Where you feel there has been an unlawful deduction of your wages contact us to see how we can assist you. We have experience in dealing with:

• Reviewing contracts and claims
• Negotiating with your employer
• Bringing claims at the employment tribunal
• Negotiating settlement agreements

The Equality Act 2010 protects employers from discrimination in the work place arising from protected characteristics such as:

• Age
• Gender
• Pregnancy
• Disability
• Race
• Religion
• Sex
• Sexual orientation
• Relationship status

As a complex and evolving area of law, our specialist team at Fitz can assist you in all aspects relating to discrimination at work. We understand the sensitive nature and the emotional impact it can have on you as an employee. Our sensitivity combined with our extensive knowledge of the law enables us to provide advice that will ensure a safe working environment which fully protects your individual rights.

Equal Pay is governed by the Equality Act 2010 and may involve human rights legislation. Where employees are undertaking the same job or work of an equivalent value, they should be paid equally whether they are male or female.

Unfortunately in some instances, employees are paid differently for the same job. Pay does not necessarily mean just salaries but can relate to other forms of payment such as bonus payments or subsidised travel.

If you feel you are being paid unequally call us today to arrange a free 30 minute consultation to see how we can assist you.

Maternity leave rules and entitlements are some of the most complex provisions within employment law. With continually evolving legislation, the rules surrounding maternity leave can be overwhelming and difficult to understand which means that some employees and employers are not fully aware of their rights.

To ensure you receive your full legal entitlement call our specialist employment solicitors who have experience in dealing with:

• Pregnancy and maternity rights
• Ante-natal care
• Sickness
• Health and safety
• Maternity leave
• Paternity leave
• Adoption leave
• Shared parental leave
• Parental leave
• Domestic emergencies

If you have any queries relating to your obligations or rights relating to maternity and pregnancy rights, call us today to arrange a free consultation.

There are a number of employment dismissal claims which employees may be entitled to bring and which our experienced solicitors have specialised knowledge in, including:

• Constructive dismissal – where you are forced to leave your job as a direct result of your employers conduct
• Wrongful dismissal – where you are dismissed without your employer following proper protocol or if the termination breaches one of more terms of your employment contract
• Unfair dismissal – where you are dismissed without good cause or reason
  

Whether you are an individual or a company facing a claim, our team are able to assist you with each step of the process.

We understand that dismissals can be challenging and are sensitive to the nature of the issue. Our approach is specifically tailored to your individual circumstances to ensure a fair and equitable solution which protects your rights.

Call us today to see how we can help you.

Redundancies can be extremely stressful and unexpected and unfortunately most employees are not aware of their rights when they are being made redundant.

Redundancy is only justified under specific reasons including:

• Your employer no longer carrying on the business
• Your position is no longer required
• The workload is diminishing
• There is a change in location of the business

The redundancy procedure is very strict and must be followed fairly. Whether you are making redundancies or are being made redundant, call us today to ensure you comply with legislation to protect your position and your rights.

We can assist you with issues relating to reduncany such as:

• Explaining your obligations and rights
• Reviewing redundancy packages
• Negotiating redundancy payments and settlement agreements

Call us today to see how we can assist you to ensure a fair and stress free redundancy.

Settlement agreements can arise from a number of different situations.

A settlement agreement once signed is legally binding on both parties and so it is imperative you seek independent legal advice before signing anything. Without obtaining advice, you may be waiving your right to bring any potential claims you may have. You may also be agreeing to restrictive covenants which limit your future prospects for work in the same field as they are deemed to be direct competitors of your previous employer.

When it comes to settlement agreements we can assist you in:

• Reviewing and advising on agreements
• Accrued but unpaid holiday days
• Advising your legal position regarding tax implications
• Advising on non-compete clauses
• Advising on restrictive covenants
• Negotiating settlement packages
• Advising on garden leave
• Providing advisors certificates

Whether you are a private individual being offered a settlement agreement or a company offering a settlement agreement, we can assist you in ensuring that an amicable and pragmatic agreement is reach which protects you and your future.

Where an employment cannot be solved amicably or one party is unwilling to settle, you can apply to the Employment Tribunal. Claims must be brought within three months of your employment ending of the dispute arising.

Before bringing a claim, you will need to inform the Advisory, Conciliation and Arbitration Service that you wish to bring a claim. You will be offered the chance to try and settle the dispute through the Early Conciliation service.

Where the last attempt to settle cannot be made, you will then be able to bring your claim to the tribunal.

We can assist you with each step of the process including:

• Making an application to ACAS
• Assisting with Early Conciliation
• Dealing with time constraints and rules
• Advising on a claim
• Preparing for tribunal
• Preparing witness statements
• Instructing experts
• Instructing counsel
• Dealing with disclosure requirements
• Costs management

Taking claims to the employment tribunal can be time consuming, expensive and stressful however at Fitz we endeavour to make the process as simple, cost effective and pragmatic as possible to ensure a solution that you will be fully satisfied with.

Call us today to arrange a free consultation to see how we can help you or your business.