EMPLOYMENT LAW
At Davisons solicitors our specialist Employment Team provides a professional friendly service in dealing with all aspects of Employment Law. We act for both employees and employers.
It is essential that employers comply with all aspects of Employment Law from recruitment through to termination of employment. The number of claims submitted by employees to Employment Tribunals has increased substantially over the years and continues to increase. The key to an employer protecting themselves from being exposed to potential liability arising from an employment claim made against them is to ensure that they follow, manage, control and keep a record of their compliance with all areas of Employment Law.
Employees are entitled to a substantial number of rights as defined by the Laws of the Country, in addition to rights under the terms of their Contract of Employment. Some basic rights include:
- The right to a written statement of terms of employment within 2 months of starting work;
- The right to an itemized payslip;
- The right to receive at least the national minimum wage;
- The right not to have illegal deductions made from their pay;
- The right to paid holidays, the amount of which will depend upon whether they are full time or part time employees;
- The right to receive Statutory Sick Pay;
- The right to paid maternity leave or paternity leave;
- The right to have weekly and daily rest breaks;
- The right not to be discriminated against on grounds of sex, race, disability, age, sexual orientation, religion, belief or gender change;
- A right to equal pay.
There are many more rights to which an Employee is entitled and it is incumbent upon employers to respect and comply with the rights, failing which they face being exposed to paying compensation should they be taken to a Tribunal by an employee claiming a breach of their employment rights.
In relation to any complaint that an employee may have against their employer, whether it is as a result of a breach of their rights and/or arising from the termination of their employment, the employee must pursue a grievance or appeal with the employer.
An employer should have at work a written disciplinary and grievance procedure (accessible to employees) which should be followed and should comply with guidance provided by ACAS in relation to such procedures.
Irrespective of whether or not a formal grievance or appeal has concluded, there are strict time limits within which a claim would need to be submitted to an Employment Tribunal otherwise an employee would lose the right to pursue a claim. In most cases, the time limit is 3 months (minus 1 day) from the date of dismissal or grievance.
At Davisons we offer employees a 30 minute consultation with a specialist Solicitor to assess any potential claim for a fixed fee of £100 plus VAT. In the event an assessment is made that there is a viable claim to pursue to a Tribunal, we may offer to act for you in pursuit of the claim on a no win, no fee basis. Should this occur and we are then retained by you under the no win, no fee Agreement, the initial consultation fee would be waived.
Compromise Agreements
It is often the case that when an employee’s employment is to be terminated that an employer will propose that the termination is in accordance with what is known as a Compromise Agreement. This is a legal Contract between the employer and employee and is only valid if the employee has acquired the benefit of legal advice prior to entering into the Agreement. In effect, the employee in return for a compensation payment agrees to the termination of their employment and agrees that they will not pursue a claim against the employer.
With regard to any Compromise Agreement, an employer must pay or contribute towards the legal fees. At Davisons, the standard fee for providing advice and completing a Compromise Agreement is £250 plus VAT. The fee may be greater in circumstances where there are possible grievances to assess or there are issues as to amendments required to Clauses within the Agreement or pertaining to the basis upon which the Compromise Agreement has been proposed.
In seeking to provide our clients with the best possible service, we aim to limit our fees for providing advice in relation to the completion of the Compromise Agreement solely to the contribution payable by the employer. No additional charges would be payable without advance notice being provided, which would only be in the event any issues arise from the consultation and assessment of the Agreement, which only occurs in exceptional circumstances.