Employment Law for Employers
Perhaps more than any other type of law, Employment Law sees the fastest pace of change and has the greatest impact on employers, who need to ensure that proper procedures and practices are in place and adhered to.
Commercially aware, Gardner Croft’s employment solicitors in Kent already act for a wide range of employers. All of our knowledge and experience has shown that being proactive can prevent employment problems.
Our team of employment solicitors in Canterbury, Kent will help you find a route through the complex laws and regulations to ensure that you can get on with your business knowing that your contract documentation and staff policies & procedures are all as they should be and that specialist lawyers with years of practical experience are only a phone call away and able to advise on any employment issue at an early stage.
Advice on Staff Issues
Despite the promises of successive governments, the burden of laws and regulations never seems to decrease.
Nowhere is this more true than in the field of employment law. A successful business cannot do without its staff, but those staff often provide many headaches for business owners and managers.
Our specialist employment solicitors are only a phone call away and can advise you quickly and straight forwardly on any employment issue.
Experienced Advice on Staff Isssues
There are many organisations that promise to provide you with quick, practical advice – they usually also require you pay a significant sum for the privilege, whether you call them or not.
With Gardner Croft you can rest secure in the knowledge that our specialist advice is there when you need it and that you will only be charged for the advice you actually get.
Our specialist employment lawyers not only provide advice on employment issues, they also have extensive experience of bringing and defending employment claims.
The Equality Act 2010, which came (mostly) into force in October 2010, was designed to pull together the various strands of discrimination law and to strengthen the equality law that applies to employment as well as access to everyday services and access to goods. Discrimination law can be a technically complicated and daunting concept, and one that it can be hard to interpret, but our dedicated legal team are renowned for their ability to break the issues down and to advise you comprehensively in jargon free terms on managing and dealing with any potential discrimination, including bullying and harassment issues, in the workplace.
Discrimination Law Cases
We are experienced in defending discrimination claims for sex, race, disability and age discrimination and discrimination on the grounds of religious belief or sexual orientation. Our team can assist by drafting the necessary response, explaining each step in clear and jargon free terms, representing you throughout the process and working dedicatedly towards a successful outcome on your behalf.
It is inevitable that situations will arise in which your business will need to consider whether it can continue to employ a particular individual. There may be concerns about an employee’s performance at work, the length of an employee’s sickness absence, difficulties with an employee’s behaviour or conduct, or even doubt about whether an employee is legally entitled to work for your business.
Whatever the situation, our experienced employment team can guide you through the process, from the initial investigation and disciplinary stages through to your final decision on any appeal. We offer assistance with each stage of the process, which we can handle on your behalf or which we can advise you on as and when necessary.
We will keep you fully informed of the legal requirements at each stage of the process. The procedures adopted are vitally important and we are well-versed in the matters that would need to be proven in order to satisfy an Employment Tribunal.
Employment Contracts & Non-Competition Clauses
A typical employment contract can take many forms and can vary from a few written paragraphs to a lengthy document. Whatever the position, it is extremely important to ensure that your contract is properly drafted and deals with the various terms that, as a minimum, should be included.
As well as that, however, properly drafting employment contracts at the outset may help to avoid costly and disruptive disputes at a later stage.
Whatever your needs, our employment team can help you with the preparation of your employment contracts, by drafting them or by reviewing and checking any existing documents.
Our team is experienced in drafting non competition clauses to protect your business’ needs, where a fine balance needs to be struck in terms of what restrictions are reasonable and would therefore be enforceable. We are happy to advise you in this respect and to consider your business needs carefully.
Employment Tribunal Cases
Employment Tribunals are there to determine disputes between employers and employees and adjudicate when no agreement can be reached. Sometimes, a claim to an Employment Tribunal is inevitable.
Our employment tribunal solicitors are experienced at defending claims in the Employment Tribunal, from the initial drafting of the response, witness evidence and advising on any settlement or remedies. We are frequently instructed to pursue claims for wrongful dismissal, unfair dismissal (including redundancy), constructive dismissal, discrimination, whistle-blowing, breach of contract, holiday pay, arrears of wages.
Facing an Employment Tribunal claim can be a stressful and daunting experience. Our team can assist by helping you through the stages, explaining each step in clear and jargon free terms, representing you throughout the process and working dedicatedly towards a successful outcome on your behalf.
Policies and Procedures
At Gardner Croft, we believe that being prepared is an essential requirement for successfully employing others. Proper attention to policies and procedures at the outset can avoid costly, disruptive and time consuming disputes at a later stage.
Our employment team are highly experienced at drafting or reviewing the policies and procedures which are integral to your business and which underpin the employment of your team, including disciplinary and grievance procedures, equal opportunities policies, and even (as has become increasingly prevalent) adverse weather policies, amongst others.
Restructure And Redundancy
Every business will have times where it needs to take stock and consider making changes to ensure that it continues to be profitable and successful in the future.
Business restructures often involve significant upheaval and uncertainty for those working in the business – frequently some members of staff will no longer be required. Those employees are often understandably unhappy and (more and more often) take matters to an Employment Tribunal.
Our experienced employment team have been advising on business restructures for many years. We can help you to ensure that your restructure goes through smoothly and that all proper procedures are followed.
A Settlement Agreement (formerly a Compromise Agreement) can be an extremely useful tool when an employment relationship comes to an end, with advantages for both employers and employees.
Such an Agreement usually sees an employee receiving a severance sum that might not otherwise be payable, in exchange for which the employee “settles” (or gives up) his or her rights to bring any claim arising out of the employment or its termination.
Our employment solicitors are highly experienced in negotiating and drafting Settlement Agreements for employers, which then provide your business with certainty and protection from any future proceedings from that employee.
TUPE Regulations (transfer of staff with employment rights)
If you are looking to buy or sell a business, or provide services to another organisation, you will almost certainly have to deal with the Transfer of Undertakings (Protection of Employment) Regulations – TUPE for short.
These regulations were brought in to ensure that staff were protected when a business was sold or transferred. Previously, under English law if a business changed hands, employees could often be dismissed without notice and frequently without any redundancy pay or other compensation.
While most people would agree that something had to be done to change that, the practical difficulties of deciding who should be entitled to protection – bearing in mind that every business is different – have resulted in a set of regulations which are extremely complex and where failure to comply can be very costly.
Our experienced team of employment solicitors can help you find a safe path through this minefield.
If you are looking to buy or sell a business or are taking on (or losing) a contract to supply services to another organisation – make sure you contact us first!