Employment2

Employment


The Employment Law Division at Burnett & Reid LLP are available to assist both Employers and Employees in connection with their Employment Law needs or questions.

Our Employment Law expert Cara Eriksson's practices exclusively in the area and can be contacted by calling 01224 644 333 or by emailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it


Services for Employers


We can help at all stages of the employment relationship:

  • HR support – contact us with day to day issues or queries which may arise.
  • Employment Contracts, Staff Handbooks and Policy Documentation can be tailored to your business and specific requirements. Tell us what you need or contact us with your questions. We can also review your existing terms, update them and recommend changes which can better serve and protect your business interests.
  • Buying & Selling Businesses, Mergers, Joint Ventures, Outsourcing, Insourcing, Taking Over A Service Contract, Closing A Business. We can provide you with both Corporate and Employment Law support to help you achieve the best terms, to handle the processes correctly, and to comply with the rules towards your employees to avoid claims.
  • Complaints by Staff, such as discrimination, bullying, harassment, victimisation. We understand that such complaints are often complex, sensitive and emotive. We can help you successfully deal with such complaints, rigorously defend any claim or assist the parties to reach a resolution. We will tailor our support to your needs.
  • Staffing Issues During Employment, such as legal and contract changes, sickness problems, disciplinary problems, grievances. We can help you tackle these issues confidently, follow the correct procedures and protect your business against claims.
  • Ending the Employment Relationship such as dismissals, redundancies and settlement agreements. We can advise on the likely costs to the business, help you to navigate Employee Rights and lawful reasons to terminate, guide you through the process and the correct and fair procedures to follow, assist you with any negotiations. We can also help you to consider what steps you can take to protect your business interests during the dismissal process and once the employee has left.
  • Employment Tribunals disrupt and divert management resources from business activities. We can assess the liability risk and potential compensation costs, help you to resolve disputes quickly and with minimum disruption or, rigorously defend the allegations and guide you through the Tribunal's rules and procedures, your gathering of evidence and disclosure.

Our focus is to achieve best, cost-effective and timely outcomes for our clients according to their objectives. We provide clear, down-to-earth, pragmatic advice and support, backed by robust representation when required.

Services for Employees


Whether you are an employee, worker, contractor, consultant and whether you are a senior executive or in a junior role, we can help you.

Contracts

  • New Employment Contracts and Service Agreements. We can explain and advise on the rights and obligations in a new contract, recommend and negotiate the conditions you want.
  • Contractual Changes. If your employer is making changes to your contract of employment which you are not happy with, we can advise you on your rights and options.
  • Breach of Contract and Constructive Dismissal. If your employer has breached your contract of employment we will assess the detail of your claim, your employer's conduct and discuss the options for redress, including whether you may have a claim for constructive dismissal. Whatever, remedy you pursue, we will support you with robust representation.

Entitlements

  • Underpayment, deductions from pay, minimum wage & living wage. We can assess whether your employer is meeting its obligations and whether it has the right to make deductions from your pay. We can fight for you to receive what you are entitled to.
  • Holiday and holiday pay. We can help you if you need advice on your holiday entitlement, for example if you do not have a regular working pattern or if you have been on sick leave. Or you may want advice on whether your employer has correctly calculated your holiday pay, for example if you are paid commission or overtime. We will assess your case and help you to get what you are entitled to.
  • Working Time. If you have concerns that you are working too many hours or without enough breaks, we can assess your working pattern and check whether your employer is adhering to the strict regulations.
  • Family Rights & Flexible Working. This is a complex area of law to navigate. We can assist you to understand your rights and secure your entitlements. We can also assess any concerns you may have about having been unlawful discriminated against or victimised in relation to these rights.

Issues at Work

  • Bullying & Harassment. We understand that bullying and harassment at work is distressing. We can help you deal with bullying and harassment, guide you through some practical steps and assess whether you have a claim for unfair or constructive dismissal, harassment or discrimination.
  • Discrimination and Victimisation. If you have suffered discrimination in the workplace you may be able to bring a claim. We will can assess your case, advise on the prospects of a claim succeeding, assess the potential value of the claim and estimate the likely costs of bringing the claim. We can also support you with any internal appeals, grievance procedures and ACAS early conciliation in order to best protect your position if you later decide to pursue a claim to the Employment Tribunal.
  • Misconduct allegations & Discipline. We can help you to prepare to defend allegations of misconduct and if any disciplinary measures are taken against you, we can review them for fairness and advise you on your position and appeal.
  • Grievances. We can help you to prepare and submit a grievance to your employer and to best protect your position if you subsequently need to bring a claim in the Employment Tribunal. Alternatively, perhaps you are the subject of a grievance. We can help you to defend those allegations.

Changes at Work

  • Redundancies, Restructures and Takeovers. What does this mean for you, what are your rights and options, is your employer handling the process correctly and is it complying with the rules towards its employees? Contact us and we can help you with these questions and the implications for you.

Dismissals & Terminations

  • Unfair Redundancy, Unfair Dismissal. You may have been unfairly dismissed if your employer did not have a fair reason to dismiss you, did not follow a fair procedure or dismissed you for an unlawful reason, such as discrimination or because you asserted one of the particular rights which are protected in law. We will assess your case, advise on the prospects of a claim succeeding, assess the potential value of the claim and estimate the likely costs of bringing the claim. We can also support you with any internal appeals, grievance procedures and ACAS early conciliation in order to best protect your position if you later decide to pursue a claim to the Employment Tribunal.
  • Settlement Agreements & Negotiated Exit packages. If you have been offered a settlement agreement by your employer this may be because your employer wants to end the employment relationship, change your terms and conditions of employment or settle a claim, all without the risk of you bringing a legal claim against it. In each case your employer will need you to take independent legal advice. We are experienced at advising employees on the agreement, explaining in plain English what each clause means and how it affects your rights. We also can recommend and negotiate amendments to the agreement to better balance your interests against your employers and negotiate for increases in the settlement sums.

Tribunals

  • Employment Tribunals. From the outset we will give you an honest opinion of the merits of your case and we will continue to review the prospects of success as the case progresses. It is often possible and preferable in terms of your time, costs and stress, to negotiate a suitable settlement but if this is not possible, or you do not want to settle your claim, we can provide you with full representation throughout the procedure and all the way to the Employment Tribunal hearing itself. Or, if you prefer we can just assist with a particular stage of the procedure or preparations for the hearing. We have expertise in bringing and settling high value claims.

We understand that problems at work can have a big impact on the individual, their career and finances. Very often they are stressful too. Our focus is to achieve the best outcomes for our clients and as quickly as possible. We provide clear, down- to- earth advice. Through discussions or mediation with your employer we can assist you to reach an early resolution but if this is not possible we will provide robust representation to protect and secure your rights.