Whether you’re an employee who has been unfairly dismissed or a company in need of contracts of employment, BTMK Solicitors can help you navigate this complex area of law.
Our specialist employment team, led by Fiona McAnaw, has extensive experience in all employment claims and matters, including settlement agreements, unfair dismissal, constructive unfair dismissal, redundancy, breach of contract, all forms of discrimination (including racial discrimination, sexual harassment and disability discrimination) and TUPE.
Whatever the nature of your employment matter, you can rest assured that we’ll provide you with support and the practical steps to positively move forward, such as initiating the implementation of internal proceedings, negotiation and representation at the employment tribunal. We can help you with everything from disciplinary procedures to grievance and appeal hearings. We can advise you on constructive and unfair dismissal as well as other contractual matters.
BTMK have a team of employment law solicitors in Essex, and we have offices across the region and London. If you’re currently dealing with a workplace issue and need help, we recommend you seek our assistance as quickly as you can. We’ll be able to provide legal advice and representation to help you. Please contact our specialist employment team today by calling 03300 585 222 or by sending an email to email@example.com.
The prospect of challenging your employer can be naturally stressful, but our expert team of employment solicitors will guide you through the entire process and explain each step along the way to ensure you are fully informed. We will listen carefully to what you want to achieve and provide you with an unparalleled legal service to meet your needs.
We'll arrange a meeting with you to discuss your personal circumstances and then draw up an initial plan of how we can help you. We can also explain this complex area of law with complete transparency and advise you of any challenges you may face.
Once you have instructed us, we'll then explain the process in further detail to ensure you're happy with our plan. We're always happy to answer any questions you may have throughout the entire process, whatever employment issues you're facing.
Whether we have helped you with an employment dispute, negotiated a settlement agreement, represented you in employment tribunal proceedings or advised you on your rights if your employment is being transferred, we'll always make sure that you're pleased with the work we do on your behalf.
Gross misconduct can be any conduct where an employee has behaved in a way that breaches their contract of employment. This could be something in relation to a particular industry or job title and can include dishonesty, theft, violence, intoxication in the workplace, health and safety breaches or refusal to obey reasonable instructions. Employers usually set out what amounts to gross misconduct in an employment contract, although this does not mean it’s a pre-requisite for action being taken.
If an employer is proposing to make 20 or more employees redundant within 90 days, this amounts to a collective redundancy. If this is the case, certain legal requirements will apply regarding collective consultation. The law requires an employer to start consulting with elected employee representatives or a recognised trade union prior to any employees being made redundant.
TUPE is short for the “Transfer of Undertakings (Protection of Employment) Regulations”. It protects employees’ rights when the company they work for transfers to a new employer. In this situation, the existing terms in an employment contract cannot usually be changed by the new employer. However, a new employer can change terms and conditions after a transfer if there are genuine economical, technical or organisational reasons for doing so.
Your employer can dismiss you at any point in your employment, but whether the dismissal is fair or lawful is another matter. Employers will usually set out within contracts of employment that a shorter notice period is required until the probation period has been passed. Employees should note that in most cases it is not possible to pursue a claim for unfair dismissal unless they have been employed for a continuous period of two years.
Having a garden leave clause in your contract means your employer can exclude you from work for the duration of your notice period. Whilst you remain employed and bound by the terms of your employment during this period, you are not yet able to begin working for another employer. Similar to post-termination restrictive covenants, garden leave is a key protection for employers. However, in order to place an employee on garden leave, employers will need to ensure that there is a garden leave provision in the contracts of employment.
Under the Equality Act 2010, sex discrimination and sexual harassment are identified as forms of discrimination. Both types of discrimination are a little different from one another but do involve unwanted conduct from the perspective of the victim.
Sex discrimination arises when an employee is treated differently or unfairly due to their sex, whilst sexual harassment is defined as “unwanted conduct of an explicit sexual nature”. Examples of sexual harassment can include sexual remarks, sharing explicit messages and images and unwanted physical touching (the latter amounting to sexual assault).
Time limits for claims in the Employment Tribunal are generally very strict. With most claims, the deadline is three months from the date of the act complained of; this could be the date of dismissal or the date when a discriminatory act took place. However, if an employer and employee enter into ACAS early conciliation, this can extend the time limit to legally present a claim.
A redundancy pool is a group of employees that have been provisionally selected for redundancy. However, as part of a fair redundancy process, you are entitled to suggest alternatives to redundancy during the consultation process. If a claim is pursued, the Employment Tribunal will always consider whether the choice of the pool was fair and reasonable.
Is a dismissal unfair if an employer refuses to hear an appeal? Whilst it is best practice to offer employees the opportunity to appeal following the disciplinary process (and it is advised by Acas that employers do so) in the matter of Moore v Phoenix Product Development Limited the...Read more
This last month has seen a number of updates in employment law, which of course, include Covid-19. We anticipate that updates in relation to Covid-19 will continue as the vaccine rollout progresses, and employers wish to understand whether they are able to enforce a blanket mandatory vaccination policy. However,...Read more
This last month has seen a number of updates in employment law, which of course, include Covid-19. We expect that there will continue to be new updates as step 3 of the Government’s roadmap out of lockdown will now be in place until 19th July 2021 and the furlough...Read more
This last month has seen a number of updates in employment law, which of course, include Covid-19. We expect that there will continue to be new updates as the Government’s roadmap out of lockdown progresses and the furlough scheme ends in September 2021. COVID-19 With the Government’s spring roadmap...Read more
Last week saw a number of updates to employment law in relation to employment status and, of course, issues arising out of Covid-19. Employment status Following the landmark ruling made in Uber BV and others v Aslam and others, the Employment Appeals Tribunal has begun following the ruling in...Read more
On Friday 19th February 2021, the Supreme Court handed down Judgment in the long-running legal saga of Uber v Aslam. The legal battle that has taken place over the last 6 years, and the Supreme Court has found that Uber drivers are in fact workers, not self-employed contractors. The...Read more