Employees are at the heart of every business and the laws that govern employment relationships are ever changing.
We take the time to gain a clear understanding of how your business works and the specific employment needs, so we can provide our expert advice when you need it.
We also firmly believe in flexibility and value for money. We provide cost-effective, practical legal solutions with costs structures that fit your business needs, be that fixed price, hourly rates or retainer fees.
When a Director is leaving a business, or when an employer wants to secure the exit of a Director, there are many issues that need to be considered to protect the business and minimise risk.
As well as issues such as notice pay and garden leave, employers need advice on whether or not the business is adequately protected by restrictive covenants and if not, what be done to minimise the impact of the departure.
Changes in technology and an increasing desire to work flexibly is having a huge impact on how businesses run and how they choose to engage their staff.
There are various advantages to the traditional employer and employee model. From the employee’s point of view there is the right not to be unfairly dismissed, redundancy pay and various employee benefits, for example. From the employer’s point of view there is the security of a dedicated workforce who know that they are obliged to attend work.
That said, many employers and individuals prefer to avoid the employer/ employee model, in favour of enjoying the flexibility of self-employment, or models where there is no obligation to offer or accept work, as the case may be.
However, whether someone is an employee, a worker, or a self-employed contractor is a matter of law. The consequences of misapplying the law can be far reaching, as highlighted in recent cases regarding holiday pay and working time for companies such as Uber and Deliveroo.
Family friendly legislation has changed in recent years. Adoption rights and Shared Parental leave have been introduced along with existing Maternity and Paternity rights. It is important that a business protects itself by ensuring that all policies are up to date and legally accurate (see handbooks and policies).
A well drafted agreement will potentially resolve all employment disputes on a full and final settlement basis and therefore, protect an employer from possible legal claims and prevent an employee from pursuing certain claims after the agreement has been signed.
As a business if you are seeking to offer a Settlement Agreement it is vital that the terms offered are legally compliant but also protect the business from future possible litigation. We can advise on the circumstance and negotiations leading towards a Settlement Agreement and ensure that your business is protected during the process.
In order to attract the best workers many employers offer various benefits, bonuses and incentive schemes.
When it comes to bonus schemes and share schemes, it is particularly important for employers to ensure that the terms of those schemes are clearly drafted and representative of the intentions of the business. If there is a dispute as to interpretation of a bonus scheme, the law of ‘contra preferentum’ applies. This invariably means that any unclear drafting will be interpreted in the favour of the individual. Poorly worded bonus provisions can therefore cost employers large amounts of money and bonuses can be deemed payable in situations when they should not have been.
If your business would like to consider incorporating bonus plans, incentive schemes or other benefits into your underlying contracts and policies, our experts will be able to help to ensure that your documentation accurately reflects the business intention and can help you bring in the best staff.