Employment Law Solicitors in Sussex

What Is Employment Law?

Employment law encompasses all the legal rights and liabilities that may arise within the workplace. This can be anything from contracts of employment through to dismissal, discrimination and equal pay. It extends beyond employer and employee as can also cover the self-employed, contractors and other categories of workers. The handling of employment law and staffing can be very time consuming, as well as expensive if you get it wrong, hence why it is so important to seek help from an expert.

Our aims:

• To find practical solutions and resolve issues quickly, where possible avoiding costly disputes.
• To help you manage complex and difficult situations, including where necessary bringing, conducting or defending legal proceedings in employment tribunals.
• To explain in clear language the legal issues relating to your matter and the options available to you.
• To help maintain harmony in the workplace, especially during a time of change.

How can we help?

• Drafting contracts, handbooks and policies, including disciplinary and grievance policies, procedures relating to the use of electronic communications, social media, the internet, electronic and other equipment; data protection; advising in connection with pay, minimum wage, recruitment and screening, benefit and bonus schemes.
• Advising you how to conduct investigations, disciplinary meetings and grievance hearings; performance management, conduct, sickness absences, and potential redundancies in all cases having due regard to statute and case law as well as best practice, including any relevant ACAS Code.
• Advising on restructuring exercises, including TUPE implications so that, in conjunction with Coole Bevis LLP’s other relevant departments, we can be your ‘one stop shop’.
• Advising you on changing terms and conditions of employment and issuing new contracts, including on promotion; holiday entitlements, flexible working, atypical working, maternity, paternity and family rights and discrimination issues.
• Where appropriate, advising you on drafting effective restrictive covenants either in new contracts or replacement contracts, particularly on promotion.
• Advising you and, where appropriate, assisting you in conjunction with the Coole Bevis LLP Dispute Resolution Department, in respect of enforcing post-termination restrictive covenants.

Employment Law And The Role Of ACAS

The Advisory, Conciliation and Arbitration Service (ACAS) is an organisation which endeavours to improve companies and the lives of employers and employees through problem solving and setting out guidelines for organisations to follow. The information they provide on all aspects of employment law is free and impartial.

Their Codes of Practice details several procedures and how they should be handled. An organisation must have clear reasons for not following the Codes of Practice, as if a matter reaches tribunal those reasons will be thoroughly explored.

Most issues can be resolved before they go to court or tribunal, particularly those which involve minor misconduct. ACAS are able to provide a standard for reasonable behaviour within most cases but, if there are some cases where formal action is needed and investigations need to be carried out to find case facts then they can also assist.

Business Sales/Purchases

Business sales and purchases can be incredibly complicated and create a number of employment law considerations. If you are looking to buy or sell a business, getting advice as early on in the transaction as possible is highly recommended. We can help you with everything from tax planning to commercial negotiations and drafting contracts, as well as with the employment law aspects.

Our employment team will work hand in hand with our company and commercial department to provide you with a well-rounded service.

Protecting Business Interests Following Termination

Every business should have the right to protect its own business interests, such as intellectual property as well as customer/client and accounting information. As a business owner, there is a high probability you are not the only person with access to this information and your company could be at risk if an employee leaves to share information elsewhere.

To help prevent the sharing of business information after an employee has left we can draft contracts for your maximum protection:

• Post termination restriction clauses
• Confidentiality clauses
• Duty of fidelity clauses
• Intellectual property clauses
• Fiduciary duty clauses
• Restrictions on other business activity clauses

Should you need assistance with any of the above, we have a highly experienced team of solicitors able to draft such restrictions.

Contract Law

An employment contract gives both an employee and an employer certain obligations and responsibilities they both need to follow for the employment to work. These are known as ‘contractual terms’.

If, as an employer, you need to make a change to an employee’s contract you will need to make a ‘variation’ within the contract or a ‘flexibility clause’ to allow the change. Your employee must understand the implications of the change and agree to it.

What Is The ACAS Code Of Practice?

The Advisory, Conciliation and Arbitration Service (ACAS) Codes of Practice outlines various procedures and how they should be handled within a workplace. If your organisation decides not to follow procedures this is misconduct. An organisation must have reasons for not following the Codes of Practice and if it reaches tribunal stage the reason will be thoroughly explored.

Most issues can be resolved before they go to court, particularly those which involve minor misconduct. ACAS are able to provide a standard for reasonable behaviour within most cases but, if there are some cases where formal action is needed and investigations need to be carried out to find case facts, they can also assist.

The Role Of ACAS In An Employment Tribunal Claim

If you intend to make an Employment Tribunal claim, it is crucial ACAS are made aware so early conciliation can be organised. This is where an impartial ACAS conciliator can have a discussion with both parties in an attempt to resolve differences. This early conciliation period can be up to a month but an extended time of 14 days can be added if necessary.

This route to solving disputes is heavily encouraged as it is faster, cheaper and far less stressful than attending a tribunal.

Outcome Of Settlement Agreements

A settlement agreement is a document typically given to employees when they are being made redundant – it sets out the terms of the arrangement before employment is terminated. Often, employees are given money in return for certain conditions such as not bringing a claim against their employer.

Settlement agreements offer the benefit of certainty and a clean break between an employee and their employer. They can be produced for disciplinary/redundancy processes or can be used for bringing disputes to a close.

ACAS have a Code of Practice for Settlement Agreements which discloses how a settlement agreement should be operated and how best to negotiate between parties. This code is not binding but should be used as a guideline and if not adhered to employers would have to justify their reasons for this. As in all aspects of employment law, it is advisable to seek professional legal advice at an early stage.