Employment - Further Information

Employment Law for Employees

Nowadays, employment law is a rapidly changing area of law. If you are in dispute with your employer or indeed have any query with regard to your employment circumstances, you may require expert legal advice in order to assess and be advised of your rights and obligations.   If you would like to discuss any aspect of your employment in confidence with us, we are here to listen.

 

At Axiom Stone we are happy to help you and either have an initial telephone discussion or face to face consultation to give you an indication of what may be involved in your matter.

 

We provide expert employment law advice and representation to all employees, whether employed by a small enterprise or a large multi-national corporate. We understand that in a rapidly changing legal environment, you may not be aware of your rights or how they may have been infringed. We have specialist knowledge to inform you of your rights, claims and compensation, if applicable.

 

However, we would stress one point. If you feel you have a grievance with an employer that you would like to raise or be advised on, please contact us immediately.

There is a 3 month time limit with regard to many types of employment claims including unfair dismissal and discrimination complaints. Often, you may have a claim worth a huge amount in monetary terms however receive nothing if your claim was served ‘out of the limitation period’.

If you think you may have a claim it is therefore imperative that you complete our ONLINE ENQUIRY FORM on our Contact Us page or call Jayesh Jotangia on 0208 951 6989 or Barbara Oska on 0208 951 6989.  as soon as possible.

We can help you in relation to every type of employment law matter including:


Contract of employment

Your contract of employment does not need to be in writing, although if you have been employed for one month or more you are entitled by section 1 of the Employment Rights Act 1996 (ERA 1996) to a written statement of certain particulars of employment within two months of starting your employment.

 

Furthermore, you must be notified in writing of any changes of your terms and conditions of employment as soon as possible and, in any event, within one month. The basic principle is that an employment contract can only be lawfully varied with the consent of both parties.

 

If your employer fails to provide a section 1 statement, provides an inaccurate or incomplete statement or does not provide you with a statement of changes, you may make a claim to an employment tribunal while the employment continues or, if it has terminated, within three months of the date of termination.

 

You may be awarded compensation of between two to four weeks' pay (subject to the statutory cap) if you have made another successful substantive claim.


Unfair dismissal

If you have more than 12 month’s continuous service with your employer you have the right not to be unfairly dismissed from your employment.

 

You will have a successful claim for unfair dismissal, unless the employer can prove that the only reason for the dismissal was one of the following six potentially fair reasons and that it was reasonable for the employer to rely on the reason to dismiss you:

  • Capability or qualifications; or

  • Conduct; or

  • Redundancy; or

  • Retirement; or

  • Illegality; or

  • Some other substantial reason e.g. a kind such as to justify the dismissal.


If you have been dismissed from your employment we can advise you on whether you may have a claim for unfair dismissal and assist you in claiming compensation.

 

Wrongful dismissal

Except in cases of gross misconduct, you have a right to receive a period of notice (or, depending on their contract, a payment in lieu of notice (PILON) if their employment is terminated. Unless the notice period is set out in the contract a reasonable notice period is implied. In any event the notice period must not be shorter than statutory minimum notice.


An employer's failure to give adequate notice or payment in lieu before dismissing you is likely to result in a wrongful dismissal, for which you can claim loss of earnings and benefits to which you would have been entitled to during the notice period.


Compromise agreements

To stop you bringing a claim in an employment tribunal, such as a claim for unfair dismissal or discrimination, an employer may ask you to sign a ‘compromise agreement’. Under a ‘compromise agreement’ you give up your right to bring the claims specified in the agreement in return for payment. Before you sign a ‘compromise agreement’ you must obtain advice from an independent legal adviser and be explained the effect of the agreement. If your employer asks you to sign a ‘compromise agreement’ we can advise you on the agreement, settlement offered and the effect of the settlement.


Redundancy

Although redundancy is a fair reason for dismissal, as a redundant employee you may still be entitled to a statutory redundancy payment.


If you are dismissed from your employment by reason of redundancy we can advise you on your rights and assess whether your employer followed the redundancy procedure correctly. If it appears you have been unfairly dismissed or have not received a redundancy payment to which you are entitled we will advise you of the available options and obtain compensation for you.


Discrimination

Employees and applicants for employment have statutory protection against discrimination on a number of grounds:

    • Race, colour, national or ethnic origin.

    • Sex (which includes equal pay, pregnancy, marital or civil partner status, or gender reassignment).

    • Disability.

    • Sexual orientation.

    • Religion or similar belief

    • Age.

    It is unlawful for an employer to discriminate against you on the above grounds.

    If you feel that you have been discriminated against in the workplace we can provide you specialist advice on your legal rights and remedies that you may be able to obtain.


    Disciplinary and grievance procedures

    There is a particular protocol that employers need to follow in certain circumstances - Acas Code of Practice. The Acas Code of Practice must be followed in relation to dismissals for misconduct and poor performance. Failure to follow the Code may affect levels of compensation. Also, in certain circumstances there is still a statutory obligation on an employee to submit a written grievance to their employer before making a complaint to an employment tribunal. If you are involved in either disciplinary or grievance process we can assist you and advise you of the next steps.


    TUPE

    Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) an employee’s employment should be protected if the business or organisation in which they are employed is transferred from one employer to another. If your employment has been effected by TUPE transfer please contact us so we can advise you of your rights.


    Whistleblowing

    It is unlawful for an employer to victimise or dismiss an employee on the grounds that the employee has raised concerns about malpractice in the workplace (a practice commonly known as ‘whistleblowing’). We can advise and assist you on this complex area of law.


    Data protection

    The information which your employer holds on you in your employment records and the way your employer uses that information are strictly controlled by statute. We can help you if you have concerns about your employer’s use of information which they hold on you.


    Unlawful deduction from wages

    Sections 13 to 27 of the Employment Rights Act 1996 (ERA 1996) set out the provisions that protect employees and workers from unauthorised deductions being made from their wages.

    The basic position under section 13 of ERA 1996 is that it is unlawful to make a deduction from wages unless:

    • The deduction is required or authorised by statute or a provision in the worker's contract; or

    • The worker has given their prior written consent to the deduction.

     


    Employment law for Employers

    Employment law is one of the most dynamic areas of law and never stands still. The workplace is also ever changing. However, very rarely do these two synchronise and progress with each other, with employment disputes increasing on a yearly basis.

     

    It is often the case that businesses are often too busy to implement changes or adhere to current practises imposed by the rules and regulations of today.  At Axiom Stone, we work together with you to implement Employment rules and regulations in the most cost effective way. Our aim is to take away these types of pressures, so that you can concentrate on making your business more profitable.

     

    At Axiom Stone we specialise in providing UK employers with a comprehensive, swift and practical support service. We are here to help, whether it is advising on a particular issue, negotiating settlements, representing at employment tribunal or liaising with ACAS over an existing issue.

    We have a record of achieving great results for our business clients whist keeping our prices very competitive. Our dedicated lawyers provide a single point of reference for advice and practical assistance on any employment-related issue. We pride ourselves in responding promptly to your queries and achieving a successful commercial outcome for your organisation.     

     

    We offer a vast list of legal services from advising on business start-ups to recruiting staff and managing. We advise on the following, although the list is not exhaustive:


    To this end, we can provide seminars and training sessions aimed at your Human Resources personnel. 


    Disciplinary and grievance procedures

    There is now an obligation on employers to follow certain procedural steps when subjecting an employee to disciplinary proceedings or when they receive a grievance from an employee. We are here to guide you and advise on both procedures in order to minimise the risk of a problem escalating into fully blown litigation.


    Contracts of employment

    We tailor contracts of employment and other contractual documentation such as service or consultancy agreemetns, staff handbooks etc in accordance with the statutory requirements and your business needs.


    Unlawful deduction from wages

    Sections 13 to 27 of the Employment Rights Act 1996 (ERA 1996) set out the provisions that protect employees and workers from unauthorised deductions being made from their wages.


    Staff Handbook

    We will prepare a staff handbook, tailor-made for you.The document will reflect current legal and good practice requirements. Your handbook will be up-to-date and will include various topics such as disciplinary, discrimination and absence management.


    Restrictive Covenants

    If you wish to properly protect your confidencial commercial information in case an employee leaves and wishes to set up or join a competitor, it is essential that you have properly drafted restrictive covenants in the contracts of employment you offer to your employees. We can draft restrictive covenants and advise you on their enforeablility.


    Discrimination and equal opportunities

    As an employer you must not discriminate against an employee on the grounds of sex, race, disability, religious belief and sexual orientation. It is essential for businesses to be aware of their obligations in relation to equal opportunities and to have a properly drafted and up to date equal opportunities policy. We can advise you on all equal opportunities issues, incluidng representation at the employment tribunal, should a discrimination complaint be brought against you.


    Redundancy

    We are here to guide you throgh all of the redundancy steps including consultations. It is essential to ensure that the correct redundancy procedures are followed in order to reduce the risk of a claim for unfair dismissal. If you feel that there may be more than twenty redundancies at your workplace, you will need to comply with statutory obligations and provide information to and consult with employee representatives.


    TUPE

    The law regarding employment when a business or organisation is transferred from one employer to another is covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). At Axiom Stone we provide specialist advice and assistance to employers on all apsects of TUPE transfers.


    Compromise Agreements

    A Compromise Agreement is an agreement most often used when a clean break is needed, perhaps because of a performance issue or redundancy situation, and where there is for example a risk of an employee making a claim against you.


    The agreement may also be used where you either do not have the time or cannot afford to subject the business to the risk of going through a full procedure, whether disciplinary, performance or otherwise.


    The major benefit of a compromise agreement is that when appropriately drafted it affords protection against a claim being brought by an employee at some point in the future.