Employment

Whether you are a private employee 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 work 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 employer’s 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.

An Employers Handbook is fundamental aspect of employment in businesses. The handbook can be as complex or short as you require and will depend on the size, nature and operation of your business.

The handbook will contain the businesses’ workplace policies and procedures incorporating employment legislation. A handbook will be relied upon by employees and so it is absolutely imperative that the handbook be drafted as concisely and detailed as required.

Employment legislation is one of the fastest changing legislations and it is your legal duty as an employer to ensure you are up to date and that your policies and procedures comply with statutes.

Below are just some of the provisions we consider when drafting an Employers Handbook:

• Dress code
• Expenses policy
• Equal opportunities
• Harassment and bullying
• Corruption and bribery
• Sickness absence
• Disability
• Disciplinary rules and procedures
• Grievance procedure
• Whistleblowing policy
• Holidays
• Pregnancy and time off
• Maternity/paternity/adoption/shared parental leave
• Compassionate leave
• Flexible working
• Training
• Public duties
• Adverse weather and travel disruption
• Health and safety
• Stress
• Substance misuses
• Data protection
• Confidentiality
• Social media
• Redundancy
• Retirement

Whether you need a new handbook or simply need it updating, call us today to see how we can assist your business. Our team at Fitz Solicitors do not believe in standard handbooks and will take the time to know your business to ensure that the handbook not just complies with the law, but is pragmatic for the successful operation of your business.

Where an employment dispute cannot be resolved 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 or 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 isn’t successful, 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.

In an unstable economy, businesses must think ahead to stay afloat. Re-structuring is an option which most businesses must employ at one point or another.

Where your business is considering making redundancies or reorganising, we can assist in:

• Assisting in the consultation process
• Drafting settlement agreements
• Dealing with dismissal claims
• Advising on inter-group reorganisations
• Advising on alternatives to redundancies such as outsourcing
• Advising on your legal rights and obligations

Failure to comply with your obligations as a company can lead to large financial losses and so is vital that you seek the correct advice. Our advice is tailored to your business and your need to ensure the security of your position in the future both legally and commercially. Call us today to arrange a free consultation.

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 reached which protects you and your future.

If your business is faced with a grievance from an employee, it is essential that you comply with your obligations. Failure to do so can lead to claims being brought against your business which can have a hugely detrimental effect.

Where you are faced with a grievance we can:

• Draft grievance procedures
• Formal written grievances
• Advising on investigations
• Advising on rights to be accompanied
• Assisting in grievance meetings
• Appeals

Call us today to arrange a free consultation to discuss this further.

Restrictive covenants imposed within employment contracts are salient provisions which a business must consider. Poorly constructed covenants could ultimately lead to the failure of a company whereas detailed covenants can ensure the continuing success of a company. Employees who are leaving your business will often leave with confidential information which can include client details, existing contract terms with 3^rd parties and future plans of your business. These can provide highly useful to competitors.

We can assist with:

• Drafting restrictive covenants
• Protecting legitimate interests
• Advising on ‘reasonability’
• Advising on who can be restrained
• Updating restrictive covenants
• Advising on the different types of covenants including non-poaching, geographical restrictive and non-competition
• Advising on covenants where the employer is in repudiatory breach
• Enforcement and remedies
• Restrictive covenants where there is a TUPE
• Settlement Agreements
• Social Media policies

The complexity and limit of the covenants required will depend on the nature of the business, its location and its competitors. We do not believe in onerous and unnecessary covenants. Our advice is based on our ability to look at your business within its market to ascertain what is required and what isn’t in order to ensure security in your position.

Call us today to discuss restrictive covenants in further detail.

There are a number of employment dismissal claims which employees may be entitled to bring and which our specialised 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 a private 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.