We offer employment law advice and representation in employment tribunal to our client companies. We also have an associate Solicitor if there are any complications in your case.
ADVICE FOR EMPLOYERS
Employers often complain that it is not a “level playing field” and they seem to have to do all the work when they need to deal with a difficult employment situation.
Unfortunately, as an employer, this is a fact that is unlikely to change, because employment law is written for the protection of the individual employee – not the employer.
Let us help you through the potential pitfalls of dealing with what seems to be a straight forward situation.
That said, here’s a handful of questions we get most often from our clients.
EMPLOYMENT TRIBUNAL REPRESENTATION
On 26 July 2017, the Supreme Court ruled that Employment Tribunal fees are now lawful and stipulated that all fees paid since they were introduced on 29 July 2013 should be refunded.
When the fees were introduced, the number of claims being lodged with the Tribunal reduced by over 70%. Whilst there are other factors (such as the ACAS Early Conciliation Scheme) that may mean we will not see an increase of 70% now fees have been scrapped, however we are expecting a significant increase in the number of claims received.
Employers are now in danger of receiving scurrilous claims from ex-employees as there is no cost for the employee to lodge a claim in the Employment Tribunal.
Empact offer their services as a representative/advocate in the Employment Tribunal. With many years’ experience in this field we can assist employers with
Discussion with employer regarding merits of case
Preparation of the employers’ response to a claim
Pre-hearing negotiations to try (if appropriate) to settle claims before they go to a hearing
Assisting with all the preparation for the hearing, witness statements, documents to put into evidence etc.
Attendance at the hearing to act as advocate
A – Provided you follow a fair procedure and you have a good business reason to reject the employee’s request, then you are correct. And, by all means call us to find out the list of what are accepted as good business reasons and what a fair procedure is.
A – You need to follow a fair procedure if you want to avoid an unfair dismissal claim from any of the people whose roles you are making redundant. Whilst you do not have to consult for a specified period of 30 or 45 days, it is imperative that you follow a consultation process.
A – No you must always have a disciplinary hearing and give the employee an opportunity to state their case. Although in this situation, it is likely that you will be able to dismiss the employee without notice or payment in lieu of notice.
A – This sounds like it is a TUPE situation (Transfer of Undertakings, Protection of Employment) and the cleaning employees may have some statutory rights. Our advice would be to speak to one of our consultants on what you need to do.
In summary we’re here to help you through the potential pitfalls of dealing with what may seem to be a straight forward situation.
In addition to particular circumstances, we can also help you write an employee handbook, draft your contracts of employment and we can offer training for your management or supervisory team to enable them to deal with HR/employment issues.
Get in touch today to speak to one of our expert advisers.