Employment
12 Nov 2009
The Problem
A major part of our lives is taken up with work and the pursuit of a career. Everyone wants things to run as smoothly as possible. However, problems that arise in the workplace can sometimes be difficult to resolve internally. However, with our help, an internal resolution is more often than not possible.
How We Can Help
Redundancy - where you are considering laying off employees we can assist you with the entire redundancy process from the decision to make redundancies through consultation leading up to the dismissal of employees by way of redundancy. We can also help employees where there are one-off situations for redundancy and discussions that need to take place with the relevant employee.
Compromise agreements - we can assist you in finalising terms with outgoing employees where there are situations that require the protection of both parties' interests by way of a Compromise Agreement. We can also draft suitable Compromise Agreements once agreement has been reached between you and the employee.
Disciplinary, Dismissal and Grievance procedures - As from the 6 April 2009 the Statutory Disciplinary, Dismissal and Grievance Procedures introduced in 2004 were repealed. Any claims brought on or after the 6 April 2009 will be subject to the ACAS revised Code of Practice instead. This Code is not legally binding but adherence to it may be taken into account by a Tribunal and the Tribunals will have discretion to adjust awards by up to 25% where an employer unreasonably fails to follow the Code. We can assist you in ensuring that your procedures are kept up to date with any legislative changes as well as assisting you in the implementation of those policies so as to ensure that you are treating your employees fairly and in accordance with the Code.
Dismissal - we can assist you in the preparation of suitable letters at each stage of the dismissal process as well as providing advice on conduct that might amount to gross misconduct and thereby warranting summary dismissal.
Contract advice and changes in contractual terms - we can help you in ensuring that all your Terms and Conditions of Employment are kept abreast of any legislative changes as well as your policies and procedures relating among other things to disciplinary and grievance as well as health and safety issues. We can assist you in advising employees of any changes.
Discrimination - new age discrimination regulations came into force on the 1 October 2006. These Regulations impact upon young and old alike and affect the work environment from recruitment to retirement. The employer must be aware of these changes and ensure that its working practices are in no way discriminatory on the basis of age.
Maternity/Paternity Rights - new legislation came into force in 2008 extending greater rights to mothers and fathers alike. Employees are now entitled to a full range of benefits (except remuneration) under their Contract of Employment during both Ordinary Maternity Leave and Additional Maternity Leave. The new Regulations also extend the length of time that may be taken by mothers and fathers and also the removal of a length of service requirement. The amount of paid maternity leave was also increased from the 5 April 2009.
What To Consider
These are some of the most recent legislative changes affecting potential cases of discrimination, others to be aware of remain as before but of no less importance and include:
Disability
Gender
Marital status
Nationality
Race
Religion
Sexual orientation
If the employer is unable to resolve any issues that arise in the workplace with its employees culminating in a claim against the employer by any disgruntled employee then we are able to assist the employer with the full range of tribunal proceedings and preparation for any tribunal hearings.
We offer clear, practical, cost effective advice as we understand and appreciate the business needs of employers.
Every person's circumstances are different and each case has to be viewed on its own merits.
Here at Buss Murton Law, we have been advising our clients on employment issues for many years.We would suggest that in the first instance you contact your nearest Buss Murton Law office to arrange an initial discussion and review with one of our highly qualified solicitors.
Andrew Linton is a partner in Employment and Litigation and can be contacted on 01892 502323 or alinton@bussmurton.co.uk