Employment Law
Employment today is a fast-changing and increasingly complex area of law; new regulations are coming into force all of the time and current issues include:
• Equal pay for work of equal value particularly in the public sector.
• Changes to disciplinary, dismissal and grievance procedures.
• Heavy penalties for employers who fail to comply with the Home Office’s new Points Based System to employ overseas workers.
• Increasing regulation and rights protection of the disabled.
• New laws on sexual harassment and the employer’s duty to take steps to prevent it at work.
• Regulation to prevent discrimination in respect of sexual orientation and religious beliefs.
• The impact of age discrimination legislation.
At Atkins Law we know that for employers and employees alike, employment issues can be extremely confusing. We give objective, measured, advice in what can be an emotionally charged arena. We believe that having access to clear advice on issues that go to the heart of the employment contract such as grievance and disciplinary procedures, pay, holiday entitlement, maternity leave, and a multitude of other topics can be invaluable. We also understand the time constraints on small and medium sized businesses as well as on individuals.
Our services include:-
- Employment Documentation Audits
- Risk Management Assessments
- Dispute Resolution
- Preliminary Advice Fixed Fee consultations
- Compromise Agreements
- Points Based System Advice
- Expert Representation in the Employment Tribunal and beyond.
Employment Documentation Audit/Risk Management Assessment
We can help employers by reviewing all existing contract documents and work place procedures. This can include a risk management assessment of how susceptible you are to claims in the Employment Tribunal/Courts due to your work based practices.
We can amend and draft up to date employee documentation, including staff handbooks and grievance and disciplinary procedures tailored to suit your workplace. We can then advise on best practice methods of introducing these to existing staff as well as inducting new staff.
This service pays immediate dividends by cutting down on time spent resolving, or fire-fighting, employment disputes which in the current economic climate are almost certain to become an everyday reality.
Dispute Resolution
We anticipate that the ever-growing numbers of employees seeking legal advice following a dismissal is only set to increase as job opportunities decline and workers in all sectors are forced to look to their former employer for compensation.
Should a dispute have already arisen, we would strongly advise both employees and all employers to seek legal advice from a professional source immediately.
Preliminary Advice fixed-fee Assessments
For employees we offer a short, preliminary assessment session at a discounted, fixed one-off fee where employees can gain a better idea of their legal position on any issues they may have with their employment. We can also advise on fresh contracts of employment or specific clauses for example entitlement to holiday pay, compliance with disciplinary and grievance procedures, clauses which restrict your ability to work for a competitor (restrictive covenants) for example.
In appropriate circumstances we may also be able to advise clients on alternative funding solutions for any action that may be needed.
For further details of this and our fixed fee service see the Employee page.
For employers, we offer a similar assessment session to take stock of issues and outline general options for future action. More precise information and advice would be covered when we are formally instructed on a specific matter. We can arrange for you to receive a very cost efficient on-site visit where you have several people you wish to be involved in this assessment.
Compromise Agreements
In the current economic climate, these are becoming increasingly common and Atkins Law has wide experience of concluding these and achieving enhanced financial settlements as well as other benefits to the client.
Points Based System Advice
From November 2008, under the government's new Points-Based System, businesses wanting to employ foreign workers and sponsor their entry to the UK will have to apply for a licence.
To obtain a licence under Tier Two and Four, sponsors (employers and educational establishments) have to undertake a complete overhaul of their current staffing/sponsoring systems. HR practices must be in order to prove compliance with the Home Office's requirements.
Without a sponsor licence a business/educational establishment will be unable to sponsor non-EEA staff/students. If you want to employ foreign workers from outside the EEA, or to sponsor foreign students you must apply for a sponsor licence.
Atkins Law has expertise in Immigration law with an established practice specialising in business-related applications. For more information click here.
For more information, please contact us or e-mail our Employment Experts at employment@atkinslaw.co.uk.
