EMPLOYMENT & HR
Our complete HR and Employment Law service provides you with access to advice when you need it.
Everyday HR issues can become a drain on your time and resources.
We work with employers to reduce that burden and can assist with all aspects of HR. We frequently assist with the following:
- Disciplinary and grievance procedures
- Redundancy procedures
- Employment contracts
- Employee handbooks
- Staff appraisals and reviews
- Drafting letters and internal documents
- Management training in matters such as recruitment and discrimination
We understand that employers require financial certainty and we therefore developed the Employer Protection Service (EPS) whereby we provide ongoing support for your business on a low cost fixed monthly retainer.
- The protection of confidential information
- The return of company property
- Post-termination restrictions
- Prohibiting derogatory comments
We can draft bespoke agreements to ensure that your business is protected from future claims by the exiting employee.
Employment Contracts & Handbooks
- Provisions to protect your confidential information and intellectual property.
- Post termination restrictions tailored to the employee’s position and responsibilities.
- Garden leave and notice provisions which allow you to restrict the activity of an exiting employee.
It is important that employee handbooks have core policies and procedures to protect your business. In particular, anti-bullying and equal opportunities policies can be important tools when defending discrimination claims. Increasingly employers require more detailed sickness and capability management procedures to address problem absence. We tailor policies to your requirements and can advise on your internal sickness management procedures.
Restrictive Covenants & Confidentiality
In order to protect your business, you may require employees to be subject to restrictive covenants and enhanced confidentiality obligations. It is important that these are carefully drafted and considered to maximise their enforceability.
We can advise you on what may be necessary and draft these for you.
Redundancy & Workplace Reorganisation
TUPE & Business Sales
- The employees’ jobs usually transfer over to the new company
- Their employment terms and conditions transfer
- Continuity of employment is maintained
TUPE may also apply if you contract out a service or if you take over a contract for services from another supplier. If TUPE applies and you fail to warn and consult affected employees about the transfer, you may be liable to pay each of the affected employees a penalty award of up to 13 weeks gross pay. You may also end up being liable for other claims, such as unfair dismissal, or breach of contract. If you propose to buy or sell a business, or you take over from an outgoing contractor, it is important to seek advice at an early stage and before you agree terms.
- Discrimination and equal opportunities
- Suspension, disciplinary and grievance procedures
- Harassment and bullying
- Sickness absence and capability procedures
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Religion or belief
- Sexual orientation
Claims of discrimination can be damaging for any business. Compensation is uncapped and claims can cause embarrassment and reputational damage. We understand the impact this type of claim can have and ensure that we take the burden of dealing with the Tribunal process away from your business. Seeking advice at the first sign of the problem can minimise its impact. If Tribunal proceedings are issued against you, we can ensure that you put forward the best defence to those claims from the outset.
Unfair & Wrongful Dismissal
Directors, Shareholders & Executives
Acting for Directors, Senior Employees and Board-Level recruitment can be complicated and challenging. We can help with complex employment issues and we’ll steer you through contracts, claims and disputes.
We specialise in advising on all contentious and non-contentious issues in this specialist area of the law. Often, employment contracts have to be read in conjunction with partnership or shareholder agreements, or Memorandum and Articles of Association and restrictive covenants and other obligations may also have to be interpreted in light of other formal documentation. We have specialists not only in our employment team but also in our corporate and commercial team and we’ll work together, to ensure that the preparation or dispute in relation to one form of agreement is also considered with other contractual remedies that could be available to you.
We can negotiate an exit package an employee which may also need to end any company-law or partnership liabilities that the business could have and we’ve got an entire team who will co-ordinate to enable you to get the best possible outcome.
“Very happy with the service and we felt confident our requirements were met.“
– Local Business, Canvey Island
“We feel confident that you would treat others as we were treated – which was very well indeed!“
– Local Business, Hockley
“A good honest service – you are different to most.“
– Mr. B, Benfleet
“Friendly staff who listen to what you have to say“
– Mr. L, Shoeburyness
“I would have no hesitation in recommending BTMK as the employment solicitor of choice.“
– Mr. D, Southend-on-Sea