Employment Law – When to Consult a Solicitor
The ever-changing world of employment law can leave many employees and employers in the dark over their rights and responsibilities, respectively.
Employers can find themselves in vulnerable legal positions, while employees can be discriminated or unfairly treated without knowing that something could be done to stop it.
Here are five occasions when an employer should seek the support of an Employment Law Solicitor:
1. It’s much better to prevent a bad situation than have to react to it, so rather than simply contacting a solicitor when your situation dictates that you need one, why not consult an employment law specialist right now to ensure you’re upholding your responsibilities as an employer. You may even be able to seek day-to-day advice on a range of issues. It will protect you and your business in the long-run and ensure you’re doing right by your staff.
2. TUPE (Transfer of Undertakings (Protection of Employment) Regulations) was introduced in 2006 and relates to a situation involving the sale of the whole or part of a business, or a change in the supplier of a service. In such circumstances, employees may be affected through a transfer to another business. If you’re an employer, it’s vital that you understand and know what will happen with regards to TUPE situations. Speak to an employment law specialist today for a deeper explanation.
3. Employers are now obliged to make certain information available to their staff and consult with them on a range of issues, although many companies are yet to acknowledge that the regulations apply to them. Information and Consultation of Employees Regulations was introduced in 2004 and dictates that employers with 50 or more employees must put in place Information and Consultation Agreements that set out how they will consult with employees with regards to economic and employment related matters, when 10% of the workforce has made a request to negotiate.
4. If you’re restructuring or re-organising your business, it may become necessary to reduce headcount or relocate staff to different departments. In all circumstances a fair and objective selection criteria must be taken, while establishments that are forced to make 20 or more redundancies within a 90 day period will be obligated to carry out formal consultations. If you want to avoid an Employment Tribunal, then it could pay to speak to an employment law specialist.
5. Many Employment Tribunal claims arise because the situation was not properly dealt with at at earlier stage. An employment law solicitor could help you to mediate problems in the workplace – such as strained relationships between employees, directors or between employer and employee. While some circumstances can be solved by the parties themselves or through formal disciplinary procedures, others can spiral out of control and end in court. A workplace mediation using an independent third party mediator gives the parties a chance to air their grievances without fear of recriminations and lead to a quicker solution that’s best for everyone.
There are, of course, several other instances where an employment law solicitor should be brought in – such as compromise agreements; flexible working; Equal pay; breaches of contract; sex, race, disability and age discrimination; plus much, much more.
If you are an employer and want to know more about employment law, or there’s a specific issue impacting on your business, then why not contact Lees.co.uk for friendly and helpful support.