Employment Lawyers
Employment Lawyers for Business
As Employment Law solicitors based in London, we advise on both contentious and non contentious matters including drafting contracts of employment for staff, service contracts for directors and advising in respect of compromise agreements.
In addition on contentious matters we can represent clients before the employment tribunal in matters relating to unfair dismissal, redundancy, equal pay, age, sexual, racial or disability discrimination, maternity and paternity rights, breach of contract and grievance matters.
In addition we can help you to reduce employee claims and grievance claims by reviewing your existing contracts and disciplinary and grievance procedures and assist you to ensure that you are complying with all current legislation including health and safety laws.
THE STATUTORY DISPUTE REGULATIONS
On 6 April 2009 the statutory dispute resolution procedures will change. The Employment Act 2002 (Dispute Resolution) Regulations 2004 and relevant provisions of the Employment Act 2002(the “pre-6th April 2009 regime”) which introduced mandatory “three step” processes to be followed in the workplace for disciplinary and dismissal procedures raised by an employer and grievances raised by an employee will be repealed. A new framework will be in place based on the provisions of the Employment Act 2008.
Employment tribunals will consider the procedure that has been followed by the parties in dealing with the disciplinary matter or grievance. A revised Acas statutory Code of Practice on disciplinary and grievance procedures sets out the principles of what an employer and employee should do to achieve a reasonable standard of behaviour.
Employment tribunals will consider whether a failure to follow the Acas code was unreasonable taking into account factors such as the size of the business and will have discretion to adjust awards up or down between 0 and 25% in relation to either party. The Acas code will be supported by guidance which does not form part of the code but has been prepared by Acas to help employers and employees understand the code and how to reflect it in their procedures and behaviour.
These new arrangements will it is hoped provide the framework for a more efficient system for dispute resolution which is intended to be easier to use and enables disputes to be resolved earlier with less lost time, expense and stress for all parties.
TYPES OF CLAIMS
There are many types of claims which can be brought against an employer. Here we summarise below some of the main types of claims which can be brought.
Age discrimination
Age discrimination first became unlawful in October 2006.Contrary to popular belief age discrimination claims can be brought by the young as much as by the elderly.
If you dismiss an elderly person because you believe he/she is no longer up to the job or because you feel that a young applicant has insufficient experience you could be opening yourself up to an age discrimination claim. Compensation is unlimited.
Constructive dismissal
This is a claim brought by the employee where the employee believes that the relationship of mutual trust and confidence between the employer and employee has broken down.
In one well known case an employer had sworn at an employee in front of other employees and this was held by the courts to constitute a sufficiently serious breach of her contract of employment allowing the employee to claim that she had been constructively dismissed.
However the law in this area is complex and an employee may not always be able to claim constructive dismissal in such circumstances.
Disability Discrimination
The Disability Discrimination Act 1995 makes it unlawful for an employer to treat a disabled person less favourably in relation to employment at an establishment than others unless the employer can show that the treatment in question is justified. The legislation can cover job applicants as well as employees.
There is no limit on the amount of compensation that can be sought by someone claiming discrimination under this head.
Equal Pay
The Equal Pay Act 1970 gives women or men the right to the same pay and conditions of employment as their colleagues for doing work of the same level or of equal value.
Maternity Leave
All female employees are entitled to maternity leave regardless of their length of service.
During ordinary maternity leave all the terms and conditions of employment remain unchanged save for those relating to remuneration.
If an employee is dismissed for reasons connected with pregnancy then such a dismissal is automatically unfair subject to two particular exceptions relating to redundancy or additional maternity leave.
Paternity Leave
Since 1999 fathers have the right to take up to 13 weeks unpaid leave and The Employment Act 2002 gave fathers the right to take one or two weeks paid paternity leave on the birth or adoption of a child.
An employee is entitled not to be subjected to any detriment by his employer because he took paternity leave. If an employee is dismissed for a reason relating to paternity leave the dismissal is automatically unfair unless his job is redundant and the employer has carried out fairly its obligations to look for alternative work for the employee.
Racial Discrimination
Discrimination on the grounds of race is rendered unlawful by the Race Relations Act 1976.
An employee needs to show that he or she has been treated less favourably than one of their colleagues because of their race or alternatively that they have been treated less favourably when applying for work because of their race.
There is no limit on the amount that can be claimed for a race discrimination claim.
Redundancy
In order to qualify for a redundancy payment the employee needs to be an employee rather than self employed. In addition they need to have accrued two years of continuous employment and be under 65 years old.
If an employee is unfairly selected for redundancy then prima facie they will have a claim for unfair dismissal against the employer.
Religious Discrimination
The Employment Equality (Religion or Belief) Regulations 2003 prohibit discrimination in employment on grounds of religion or belief. Since the coming into force of The Equality Act 2006 protection has now been extended to persons with non religious beliefs.
There is no limit on the amount that can be claimed for this form of discrimination.
Sex Discrimination
The Sex Discrimination Act 1975 made discrimination on the grounds of sex unlawful.
An employee needs to show that they have been treated less favourably than a colleague because of their gender or have been turned down in the course of a job application because of their gender.
There is no limit on the amount that can be claimed for this form of discrimination.
Sexual Orientation Discrimination
Since the coming into force of the Employment Equality Sexual Orientation Regulations 2003 it is unlawful to discriminate against or harass a person on the grounds of their sexual orientation.
There is no limit on the amount that can be claimed for this form of discrimination.
Unfair Dismissal
Employees who have accrued more than one year of continuous employment have the right not to be unfairly dismissed.
Unfair dismissal is based entirely on Statute and is independent of breach of contract.
In order for a dismissal to be fair the employer must show that it had a fair reason for dismissal and followed proper and fair procedures when carrying out the dismissal.
Failure to do so can render the dismissal automatically unfair.
If an employee is unfairly dismissed they will be entitled to a basic award based on age and length of service (roughly £350 per year for each year of employment) and a compensatory award based on your losses up to a maximum of £66,200 (for the compensatory award).
Whistleblowing
Employees who whistleblow are protected under the Public Interest Disclosure Act 1998.If an employer treats an employee less favourably or dismisses them for making such disclosures then it behaves unlawfully.
The amount of compensation which can be awarded in whistleblowing cases is unlimited.
However the whistleblower must act in good faith when making the disclosures.
Wrongful Dismissal
If an employee is dismissed in breach of contract then they will be wrongfully dismissed.
For example if an employer fails to give an employee the contractual notice to which they are entitled.
If you have been wrongfully dismissed you are under a duty to mitigate your loss. You will normally need to show that you have made reasonable attempts to find alternative employment during your notice period.
However if the employee is entitled to pay in lieu of notice under the contract then they have no obligation to mitigate their loss.
Where the employee is entitled to pay in lieu of notice then any payment will normally be subject to deduction of tax and national insurance in the normal way.
However where there is no contractual entitlement for the employee to receive a payment in lieu of notice but where the employer has an option to provide pay in lieu of notice then the payment in lieu of notice will not be a contractual entitlement and thus up to £30000 will normally be free of tax .
We specialize in representing employers who have any of the type of claims set out above brought against them.
For more information please contact Ms Dhruti Thakrar.
EMPLOYMENT LAW AND COMPROMISE AGREEMENTS
In the current uncertain economic climate there has been a significant rise in the number of compromise agreements being entered into between employers and employees.
The compromise agreement is a contract between the employer and employee which aims to settle any potential claims and counter claims between the employer and the employee.
The requirements for the compromise agreement to be effective are:
- It must be in writing.
- It must relate to the particular proceedings.
- The employee must have received advice from a relevant independent advisor as to the terms and effect of the proposed agreement and in particular its effect on the employee’s ability to pursue a claim before an employment tribunal. A relevant advisor must be a qualified lawyer, a Citizens Advice Bureau or Law Centre advisor, or a trade union official certified by the union as competent to give advice.
- The advisor must be covered by professional indemnity insurance.
- The advisor must be identified in the agreement.
- The agreement must state that the above requirements are satisfied.
The parties must expressly identify the particular proceedings to which the compromise agreement relates (e.g. unfair dismissal, wrongful dismissal, sex discrimination )or by reference to the section of the relevant employment law statute.
Both employer and employee need to be aware that once a compromise agreement has been signed by all the parties and by the relevant advisor then the agreement will become binding and in most circumstances it will be extremely difficult if not impossible to undo the compromise agreement.
For this reason neither side should sign the agreement unless they are absolutely certain that they are happy to be bound by the terms of the compromise agreement.
Usually the compromise agreement is drawn up by the employer or its solicitors.
It may be possible for you or your legal advisor to renegotiate parts of the agreement. However often the employer sets a time limit for the signing of the agreement and if you fail to sign the agreement within the time specified then the employer may withdraw the offer of the compromise agreement .
Vincent Buffoni & Co. have substantial experience of negotiating compromise agreements on behalf of clients and in many cases we are able to improve the terms of the original compromise agreement in favour of our client although it is not possible in all cases to do so.
For more information please contact Ms Dhruti Thakrar on 0207 251 8484.
As employment law and compromise agreement solicitors based on the boundaries of Islington and Hackney as well as the City of London we deal with clients from the local area but also from further afield.
For more information about the services we offer as London based employment law solicitors please contact Ms Dhruti Thakrar on 0207 251 8484.
Employment Lawyers for Individuals
The employment team acts for a wide range of employees with employment law problems. Our involvement often begins at the start of an employee’s problems at work thus placing the employee in the best tactical position and should it be necessary continues all the way to the conclusion of the case before the Employment Tribunal.
Our work covers non contentious advice such as the reviewing of contracts of employment, directors service agreements, consultancy agreements and compromise agreements.
On the contentious side we provide a full advice service for any employment or workplace dispute. We guide clients through the entire process from raising a grievance or an appeal to lodging a claim with the Employment Tribunal.
We deal with all aspects of the claim including drafting the claim, preparing for the hearing and arranging representation at the hearing itself.
THE STATUTORY DISPUTE REGULATIONS
On 6 April 2009 the statutory dispute resolution procedures will change. The Employment Act 2002 (Dispute Resolution) Regulations 2004 and relevant provisions of the Employment Act 2002(the “pre-6th April 2009 regime”) which introduced mandatory “three step” processes to be followed in the workplace for disciplinary and dismissal procedures raised by an employer and grievances raised by an employee will be repealed. A new framework will be in place based on the provisions of the Employment Act 2008.
Employment tribunals will consider the procedure that has been followed by the parties in dealing with the disciplinary matter or grievance. A revised Acas statutory Code of Practice on disciplinary and grievance procedures sets out the principles of what an employer and employee should do to achieve a reasonable standard of behaviour.
Employment tribunals will consider whether a failure to follow the Acas code was unreasonable taking into account factors such as the size of the business and will have discretion to adjust awards up or down between 0 and 25% in relation to either party. The Acas code will be supported by guidance which does not form part of the code but has been prepared by Acas to help employers and employees understand the code and how to reflect it in their procedures and behaviour.
These new arrangements will it is hoped provide the framework for a more efficient system for dispute resolution which is intended to be easier to use and enables disputes to be resolved earlier with less lost time, expense and stress for all parties.
TYPES OF CLAIMS
There are many types of claims which can be brought against an employer. Here we summarise below some of the main types of claims which can be brought.
Age Discrimination
Age discrimination first became unlawful in October 2006.Contrary to popular belief age discrimination claims can be brought by the young as much as by the elderly.
If you dismiss an elderly person because you believe he/she is no longer up to the job or because you feel that a young applicant has insufficient experience you could be opening yourself up to an age discrimination claim. Compensation is unlimited.
Constructive Dismissal
This is a claim brought by the employee where the employee believes that the relationship of mutual trust and confidence between the employer and employee has broken down.
In one well known case an employer had sworn at an employee in front of other employees and this was held by the courts to constitute a sufficiently serious breach of her contract of employment allowing the employee to claim that she had been constructively dismissed.
However the law in this area is complex and an employee may not always be able to claim constructive dismissal in such circumstances.
Disability Discrimination
The Disability Discrimination Act 1995 makes it unlawful for an employer to treat a disabled person less favourably in relation to employment at an establishment than others unless the employer can show that the treatment in question is justified. The legislation can cover job applicants as well as employees.
There is no limit on the amount of compensation that can be sought by someone claiming discrimination under this head.
Equal Pay
The Equal Pay Act 1970 gives women or men the right to the same pay and conditions of employment as their colleagues for doing work of the same level or of equal value.
Maternity Leave
All female employees are entitled to maternity leave regardless of their length of service.
During ordinary maternity leave all the terms and conditions of employment remain unchanged save for those relating to remuneration.
If an employee is dismissed for reasons connected with pregnancy then such a dismissal is automatically unfair subject to two particular exceptions relating to redundancy or additional maternity leave.
Paternity Leave
Since 1999 fathers have the right to take up to 13 weeks unpaid leave and The Employment Act 2002 gave fathers the right to take one or two weeks paid paternity leave on the birth or adoption of a child.
An employee is entitled not to be subjected to any detriment by his employer because he took paternity leave. If an employee is dismissed for a reason relating to paternity leave the dismissal is automatically unfair unless his job is redundant and the employer has carried out fairly its obligations to look for alternative work for the employee.
Racial Discrimination
Discrimination on the grounds of race is rendered unlawful by the Race Relations Act 1976.
An employee needs to show that he or she has been treated less favourably than one of their colleagues because of their race or alternatively that they have been treated less favourably when applying for work because of their race.
There is no limit on the amount that can be claimed for a race discrimination claim.
Redundancy
In order to qualify for a redundancy payment the employee needs to be an employee rather than self employed. In addition they need to have accrued two years of continuous employment and be under 65 years old.
If an employee is unfairly selected for redundancy then prima facie they will have a claim for unfair dismissal against the employer.
Religious Discrimination
The Employment Equality (Religion or Belief) Regulations 2003 prohibit discrimination in employment on grounds of religion or belief. Since the coming into force of The Equality Act 2006 protection has now been extended to persons with non religious beliefs.
There is no limit on the amount that can be claimed for this form of discrimination.
Sex Discrimination
The Sex Discrimination Act 1975 made discrimination on the grounds of sex unlawful.
An employee needs to show that they have been treated less favourably than a colleague because of their gender or have been turned down in the course of a job application because of their gender.
There is no limit on the amount that can be claimed for this form of discrimination.
Sexual Orientation Discrimination
Since the coming into force of the Employment Equality Sexual Orientation Regulations 2003 it is unlawful to discriminate against or harass a person on the grounds of their sexual orientation.
There is no limit on the amount that can be claimed for this form of discrimination.
Unfair Dismissal
Employees who have accrued more than one year of continuous employment have the right not to be unfairly dismissed.
Unfair dismissal is based entirely on Statute and is independent of breach of contract.
In order for a dismissal to be fair the employer must show that it had a fair reason for dismissal and followed proper and fair procedures when carrying out the dismissal.
Failure to do so can render the dismissal automatically unfair.
If an employee is unfairly dismissed they will be entitled to a basic award based on age and length of service (roughly £350 per year for each year of employment) and a compensatory award based on your losses up to a maximum of £66,200 (for the compensatory award).
Whistleblowing
Employees who whistleblow are protected under the Public Interest Disclosure Act 1998.If an employer treats an employee less favourably or dismisses them for making such disclosures then it behaves unlawfully.
The amount of compensation which can be awarded in whistleblowing cases is unlimited.
However the whistleblower must act in good faith when making the disclosures.
Wrongful Dismissal
If an employee is dismissed in breach of contract then they will be wrongfully dismissed.
For example if an employer fails to give an employee the contractual notice to which they are entitled.
If you have been wrongfully dismissed you are under a duty to mitigate your loss. You will normally need to show that you have made reasonable attempts to find alternative employment during your notice period.
However if the employee is entitled to pay in lieu of notice under the contract then they have no obligation to mitigate their loss.
Where the employee is entitled to pay in lieu of notice then any payment will normally be subject to deduction of tax and national insurance in the normal way.
However where there is no contractual entitlement for the employee to receive a payment in lieu of notice but where the employer has an option to provide pay in lieu of notice then the payment in lieu of notice will not be a contractual entitlement and thus up to £30000 will normally be free of tax .
We specialize in representing employees who have any one or more of the above claims .
For more information please contact Ms Dhruti Thakrar.
EMPLOYMENT LAW AND COMPROMISE AGREEMENTS
In the current uncertain economic climate there has been a significant rise in the number of compromise agreements being entered into between employers and employees.
The compromise agreement is a contract between the employer and employee which aims to settle any potential claims and counter claims between the employer and the employee.
The requirements for the compromise agreement to be effective are:
- It must be in writing.
- It must relate to the particular proceedings.
- The employee must have received advice from a relevant independent advisor as to the terms and effect of the proposed agreement and in particular its effect on the employee’s ability to pursue a claim before an employment tribunal. A relevant advisor must be a qualified lawyer, a Citizens Advice Bureau or Law Centre advisor, or a trade union official certified by the union as competent to give advice.
- The advisor must be covered by professional indemnity insurance.
- The advisor must be identified in the agreement.
- The agreement must state that the above requirements are satisfied.
The parties must expressly identify the particular proceedings to which the compromise agreement relates (e.g. unfair dismissal, wrongful dismissal, sex discrimination )or by reference to the section of the relevant employment law statute.
Both employer and employee need to be aware that once a compromise agreement has been signed by all the parties and by the relevant advisor then the agreement will become binding and in most circumstances it will be extremely difficult if not impossible to undo the compromise agreement.
For this reason neither side should sign the agreement unless they are absolutely certain that they are happy to be bound by the terms of the compromise agreement.
Usually the compromise agreement is drawn up by the employer or its solicitors.
It may be possible for you or your legal advisor to renegotiate parts of the agreement. However often the employer sets a time limit for the signing of the agreement and if you fail to sign the agreement within the time specified then the employer may withdraw the offer of the compromise agreement .
Vincent Buffoni & Co. have substantial experience of negotiating compromise agreements on behalf of clients and in many cases we are able to improve the terms of the original compromise agreement in favour of our client although it is not possible in all cases to do so.
As employment law and compromise agreement solicitors based on the boundaries of Islington and Hackney as well as the City of London we deal with clients from the local area but also from further afield.
For more information about the services we offer as London based employment law solicitors please contact Ms Dhruti Thakrar on 0207 251 8484.
Get in Touch
Contact us to see how we can help you.
for Business
Sexual Orientation Discrimination
