InsightsResource - Employment Advice - POSTED: April 22 2016
Employment law for individuals
Find out more about how Brachers’ Employment team can support you with any issues you may face as an employee.
- Share this article
- Print this article
Are you being offered a settlement agreement or have you experienced a “without prejudice” conversation or “protected conversation” and are wondering what to do next?
We advise extensively on settlement and exit negotiations. We act for both employers and employees giving us the full overview and experience of the tactical and commercial considerations that apply.
Our aim is to get you the deal you want on the terms you want. We understand that times of change are unsettling and challenging and we will work with you to understand your key concerns and aims.
We will negotiate for you or arm you to do so for yourself. We will suggest technical changes to protect you and your future plans and we can provide financial planning advice and support as necessary.
Our team has acted for individuals on exit deals of all shapes and sizes ranging from a few thousand pounds to a few million. We will be there to support you as much or as little as you require ensuring that we deliver our service for you in a cost effective manner.
Are you being asked to sign new terms and conditions of employment?
Are you unsure that you fully understand the terms of your employment contract or that they provide you with the package that you were offered? Are you being offered new terms and conditions or are you being forced to accept or threatened with new or changed terms and conditions?
We advise extensively on the drafting of employment contracts and on the legalities and risks of amending them.
We act for both employers and employees giving us the full overview and experience of the tactical and commercial considerations that apply.
If you starting a new role, taking a promotion or simply being offered revised terms do you fully understand the terms and conditions being offered to you, particularly around pay and benefits, mobility powers, bonuses and post-employment restrictions on competition?
Our aim is to ensure that you get the deal you have been promised. That there are no hidden surprises, no legal loopholes or watering down of the offer hidden in the contract. We understand that in many cases negotiating new terms is not an option but understanding them is.
Changes to terms and conditions
Being threatened with changes to your terms and conditions can be a worrying and unsettling time.
We will seek to understand your concerns, your key issues and your practical options and advise you accordingly. We will make your options clear and where necessary we will challenge the changes for you or arm you to do so for yourself.
Our team has acted on the drafting of employment contracts for employees and executives of all shapes and sizes. We will be there to support you as much or as little as you require ensuring that we deliver our service for you in a cost effective manner.
Are you considering your next move and need to understand your restrictive covenants and confidentiality obligations?
If you have confidential information provisions in your contract or clauses preventing you from working in competition with your current employer after leaving, we can advise you about your options and how to ensure that you can continue to work.
Many employees wrongly presume that clauses restricting them from joining a competitor are not enforceable. The legal consequences of breaching such clauses can be serious and long term, leaving an employee unable to work in their chosen field for a considerable period of time.
Our team has considerable experience and expertise in designing, drafting and advising on the interpretation and enforceability of competition clauses, often referred to as restrictive covenants.
We also have significant experience and expertise in defending employees against claims that they have breached such restrictions.
If you are being offered a new role with restrictions in your new contract and want to know if they are likely to be enforceable (or indeed what they actually cover) please speak to us.
If you are contemplating leaving your job and want to understand what you legally can and cannot do or have been threatened with legal action then speak to us.
The size and experience of our team means we can bring the right level of expertise at the right cost to help you.
Are you facing unfair discipline in the workplace?
Are you being disciplined unfairly and want to know what you can do? Are you being disciplined fairly and want to know where you stand? Are you being threatened with dismissal?
We have extensive experience in advising both employers and employees on matters of discipline at work.
Being disciplined at work and in particular being threatened with dismissal is, for most employees, a rare and upsetting experience. It is hard to know what to do and how to approach such unusual circumstances.
Understanding the legal background and the respective rights and obligations of both sides can be key to achieving your desired outcome.
Our legal knowledge and experience, coupled with our commitment to understanding what you want as an outcome, means that we can support and defend you and ensure that you put your best foot forward challenging the points that legally matter.
Are you being treated unfairly in the workplace?
Are you being treated unfairly at work and want to know what your options are? Are you considering raising a grievance?
We have extensive experience in advising both employers and employees on grievances in the workplace. Raising a grievance can often be a simple, and indeed the right option to deal with any workplace concerns.
Our team will work with you to understand your aims and goals. We will assist you in understanding your legal position and the tactical steps and options published to you.
If you are being unfairly treated we will tell you. If you are not we will tell you.
Our combination of legal knowledge, commercial experience and our commitment to understanding your key concerns and desired outcomes ensures that we will work with you to come up with the best solution to your problems at work.
Are you the victim of discrimination?
Do you fear that you are being discriminated against? Are you the victim of unwanted or harmful “banter”? We appreciate that, unfortunately, discrimination in the workplace still takes place and that experiencing such discrimination can be very hurtful and unpleasant.
We also understand, based on our long experience and knowledge of such issues, that proving discrimination or bullying in the workplace can be a difficult and challenging process.
If you are concerned that you may be the victim of discrimination or bullying that could be unlawful please speak to us. We will tell you if we think you have a case. We will also tell you if we think you do not.
Have you been dismissed and are contemplating a tribunal claim?
Have you been dismissed and are considering an employment tribunal claim? Are you unsure whether you have a winning case? Are you worried about paying tribunal fees? Do you want to know what a claim could cost and how long it could take?
We appreciate that the prospect of bringing a tribunal claim can be daunting. We offer a variety of support approaches tailored to each individual’s needs, skills and experience and financial wishes.
We offer full tribunal representation, support and advice, in respect of your tribunal claim from start to finish or at key points during the process including:
- Drafting the ET1 (claim form) to submit to the tribunal to ensure you get your claim started in the right way
- Advising you on the case, your prospects of success and devising a strategy to support the best outcome for you
- Assisting you with understanding what documents you have to provide
- Assisting you with the key step of preparing an effective witness statement
- Liaising with your employer and/or their representative during the process on key points
- Helping you where it has been agreed the parties will engage in judicial mediation
- Assisting you in valuing your claim or agreeing to any settlement.
Our team has advised many employees in relation to the following issues:
- Unfair dismissal
- Contract and pay issues
- Discrimination including sex, race, religion, disability, age, marital status, religion and sexual orientation
- Constructive unfair dismissal
- Dismissal for misconduct
- Dismissal for sickness absence
- Unfair treatment connected with pregnancy or maternity leave
- Deductions from wages
- Bullying and harassment in the workplace
- Holiday pay issues.
This content is correct at time of publication
Can we help?
Take a look at our Employment Advice page for useful information, resources, guidance, details of our team and how we may be able to help you
Get in touch
Please fill out the below form or alternatively you can call us on 01622 690691