Employers

One of a company’s biggest ongoing investments is its people. Managed properly this can be a source of innovation and growth, provide a competitive advantage and future leadership.

However we know that it can be tough being an employer, having to keep up with ever changing employment law whilst running your business.

We  keep on top of all employment law issues so you don’t have to and that means our service is high quality but extremely cost effective.

We work with you to develop bespoke contracts, policies and procedures.

Another service we offer is a FREE Employment Law Health Check. This helps us to identify areas where you need help and it also gives you peace of mind knowing that we’ve left no stone unturned.

Our clients have an open file with us so that they can call us or email us at any time and receive a quick response.

What that means for you is that you only pay for what you use – at a very competitive price – around half that of other solicitors.

Don’t waste your precious time looking for employment law or HR answers,  just give us a call.  A quick call to get the right answer will cost you less than £15 including VAT!!  Surely your time is worth more than that?

Call us now on 01524 735525 or email Gail

Settlement Agreement

A settlement agreement is a document that sets out an employee’s agreement not to pursue a claim against the employer.

It used to be called a Compromise Agreement. As an employer you would offer a settlement agreement to an employee where you suspect that a claim may come, or where you just want to ensure one does not.

Basically the employee signs away the right to pursue any employment-related claim against the employer.

There are many conditions of a settlement agreement, the main ones are that: –
1. The employee must receive independent legal advice.
2. The agreement must be in writing.
3. The agreement must relate to a specific claim that the employee could bring against the employer.

We can draft a settlement agreement to fit the circumstances of the case in question and can advise you how to proceed in offering it to the employee.

Call us now on 01524 735525 or email Gail

Disciplinary and Grievance Matters

Every employer must, by law, ensure that there is a fair and reasonable procedure for managing disciplinary issues.

Every employer should have a policy for dealing with disciplinary matters as well as raising grievances and must set out where employees can find that policy in their contract of employment, though the policy itself should not be contractual.
Having a clear disciplinary procedure in place will benefit both you, the employer and your employees, so that everyone is clear about what is and is not acceptable in the workplace, how disciplinary matters will be handled, and how to raise a grievance.
To be honest, practice makes perfect with these procedures.  The more you do them the better you will be at them.  So don’t just ignore any issues that are affecting your business or your workforce, deal with them as they arise.  We can provide policies for you and help you through the process.

Call us now on 01524 735525 or email Gail

Dealing with Sickness

Sickness can have a serious impact upon your business.

It should be managed properly to ensure that no more sick days than are absolutely necessary are lost.
In these days of disability discrimination and other equality laws you need to make sure you follow the correct procedures when dealing with sickness and  termination of employment in these circumstances,  should it become necessary.

Make sure you have a sickness policy in place.  This will guide you when dealing with sickness issues as and when necessary.

Call us now on 01524 735525 or email Gail

FAQ’s

  • How can you help us?

    We will come and meet with you to discuss what your needs are and how we can best support you and your business. We will open a file for you so that whenever you need any employment law or HR help you can just call or email us, or we can pop in for a coffee to discuss any matter.
    It is about us getting to know your business so that we are working as part of your team – BUT you are only paying for what you use!

FAQ’s

  • When would we use a settlement agreement

    Typically you would introduce a settlement agreement in the following circumstances:-
    Performance management issues
    Redundancy
    Long term sickness
    To deal with a grievance
    Upon the transfer of a business

    By using a settlement agreement you can be sure that the employee will not bring a claim in the employment tribunal.

FAQ’s

  • Do we really need a written disciplinary procedure?

    Having a written procedure, which you can easily follow, will lessen the risk of acting unreasonably and if you did end up defending a claim at tribunal, you are likely to be criticised if you don’t have one and could be found to have unfairly dismissed an employee. We advise that a disciplinary and grievance procedure is essential to any employer.

  • What should we include the disciplinary procedure?

    The basics must include: –

    • that you will carry out an investigation of the facts before taking disciplinary action;
    • that if there is sufficient evidence to proceed, the employee will be informed of the allegations against them, provided with any evidence that you seek to rely upon, where and when the disciplinary hearing will take place and the potential consequences facing the employee;
    • that the employee is entitled to be accompanied at the hearing by a work colleague or a trade union representative;
    • that at the hearing the case will be put to the employee, the evidence will be considered and the employee will have the chance to respond to the allegations, ask questions and use their own evidence;
    • that after the hearing the employee will be told in writing and within a certain timeframe what disciplinary action, if any, will be taken against them and will be offered the right of appeal.

    The procedure for appeal should also be set out.

  • Do I have to follow the ACAS code of practice?

    You do not have to follow the ACAS code of practice by law, but if you fail to do so and a tribunal finds that you unfairly dismissed an employee,  they would be entitled to an increase  of up to 25% of any award made. Essentially following the ACAS code of practice means that you are acting reasonably. Our policies include the provisions of the ACAS code of practice.

  • Can we suspend an employee pending disciplinary action?

    Yes but it must be on full pay and should only be done if there is a need to do so, for example they are likely to intimidate other employees or interfere with your business to its detriment if they were to remain on the premises while the investigation took place. You must ensure that the employee understands that suspension in these circumstances does not mean that a disciplinary sanction has been decided upon at this stage.

FAQ’s

  • Do we have to pay sick pay?

    Usually, yes – unless any of the following apply:-

    The employee has not yet done any work for you

    They do not earn enough to qualify for sick pay (their average weekly earnings calculated over at least 8 weeks up to the last normal pay date are below £112 per week (currently the lower earnings limit)

    They have already been off for 28 weeks on SSP over a 3 year period

    They are off work because of a trade union dispute

  • How much do we pay?

    If you do not have a company sick pay scheme, then you must pay Statutory Sick Pay (SSP) after the first 3 days of absence (Waiting Days), at a current rate of £88.45 per week.

  • Is sick pay paid gross or do I deduct tax and national insurance?

    You should deduct tax and national insurance from sick pay.

  • What do I pay part time employees – the full SSP or pro rata based on their hours of work?

    If the employee earns £112 or more per week they are entitled to full SSP, not a pro rata amount.

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