Employment Law

The EMG commitment to the protection of their clients and their assets extends to the Services offered by our Employment Law Department which is able to offer practical advice and support on both sides of the fence to its Employer and Employee clients. Timely and cost effective advice is available from a growing Team with a genuine enthusiasm to provide a personal approach and to support its clients in a wide range of Employment Law issues. The EMG investment in its IT infrastructure enables us to function fully even in the most challenging of circumstances and to build the good relationships we seek with our clients

Services for Employers

HR Support

We are here to help you manage your day to day HR issues and routinely advise our Employer clients on the preparation and implementation of Policies, Practices and Procedures including those relating to Discipline, Performance and Grievances. Most importantly we are committed to the time and patience needed in guiding you to the best outcome every time.

Contracts and Agreements

We are able to help you in identifying and drafting the right Documentation for those working for you be they Employees Workers, Consultants, Volunteers or Directors.

Redundancies and Reorganisations

Getting it wrong in the context of losing your staff for reasons relating to redundancy can be extensive particularly if you employ 20 or more staff. The Law in this area is not straightforward and requires a full understanding in order to avoid the pitfalls. In the context of Reorganisations of your Business we can advise on Contractual variations and on the best practice you need to follow in implementing and managing change.

Sales and Acquisitions

We routinely work with our Commercial property Team in advising Employers selling or buying Businesses and in relation to the requirements and implications of the Law which protects employees involved in a business sale and purchase…the TUPE Regulations. We provide pragmatic advice in easy to understand terms and most importantly at a cost realistic to the value of the deal.

Discrimination

The Equality Act affords substantial protection to individuals recognised as having various protected characteristics in a wide range of employment contexts from recruitment to termination. They include protection from discrimination on the grounds of Age, Beliefs, Disability and Sex. The potential for the unprepared Employer to ‘get it wrong’ is huge and includes exposure to unlimited awards of compensation in the Employment Tribunal. We are able to help you draft the necessary policies and procedures to limit your exposure and to identify potential problems before they become the stuff of nightmares and cold sweats!

Restrictive Covenants

The means by which you can protect your Business from the risks created by ex-employees are strictly prescribed and limited. They are also subject to change and often, a lot of interpretation by the Courts.

We are experienced in advising Employers on the scope and drafting of Clauses in Contracts designed to protect you against the risks of your former employees competing with you and enticing your staff and customers away.

And when necessary we are able to help you take Court Action to prevent your employees damaging your business interests by obtaining an Injunction.

Settlement Agreements

A Settlement Agreement is a means by which an Employer can manage the ending of an employment relationship relatively quickly and safely. The Employment law equivalent of a quickie Divorce!

We have experience in drafting Agreements for Employers to use in a wide range of situations and commit to providing our Employer clients with step by step guidance from the opening of discussions to the completion of the Agreement with the employee concerned.

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Employment Tribunals

We routinely advise our Employer clients in relation to proceedings issued against them in the Employment Tribunal and can offer Representation in a wide range of Claims including Unfair Dismissal, Wrongful Dismissal, Discrimination, Unlawful deduction of Wages and Redundancy. We can offer representation on a fixed fee basis or by monthly billing and in some cases on a Contingency Fee basis.

Services for Employees, Workers and others

With the emergence of the ‘gig economy’ and non-typical employment relationships including agency workers, independent contractors and those working on zero hours contracts. Employment Law has never been more ‘interesting’ to Lawyers and never more complicated for most people in work!

The potential for Employers to mess up is huge and the recourse available to those who are affected is extensive. A vast number of potential claims exist for those who have suffered from breaches of employment Law most of which must be pursued through the Employment Tribunal.

Our Employment law Team have extensive experience acting for individuals as well as Employers and our ability to act for both sides provides our clients with a perspective often not available to Firms who only act for ‘one side’.

We can offer funding by way of Fixed Fees monthly billing and in some cases on a Contingency Fee Basis where we don’t charge you if you lose your case but take some of your compensation if you do.

WE OFFER A FREE INITIAL CONSULTATION OF UP TO 30 MINUTES TO ASESS POTENTIAL CLAIMS AND TO PROVIDE LIMITED INITIAL ADVICE

The following is a guide to the type of work and service we can offer to you as an individual.

Unfair Dismissal Claims

Provided you have over 2 years continuous employment at the date of your dismissal and are not otherwise prevented from making a claim, you have the potential to make a claim and obtain a ward of compensation if you can show that your employer’s decision to sack you was so unreasonable as to amount to it being regarded as Unfair.

Employers often fail to follow a fair procedure which can influence a Tribunals decision on the fairness of your dismissal but it is sometimes not obvious to you as an individual how they have slipped up?We have experience in identifying potential claims quickly and telling it to you straight. We can also advise you during the course of any disciplinary procedure started by your employer and can help you in drafting appeals against decisions in disciplinary of grievance procedures.

Wrongful Dismissal and Breach of Contract Claims

For employees dismissed before they have gained 2 years’ service there may be a claim for Wrongful Dismissal if the Employer has failed to provide the correct notice. This could be the notice period prescribed in any written contract or if not minimum notice prescribed by law.

Where an employee has a Contract providing other benefits the breach of that Contact may give a right to claim compensation for any lost or unpaid benefits

Constructive Dismissal

We deal with a lot of enquiries concerning Constructive Dismissal and it would be fair to say it’s a topic which a lot of people don’t understand as well as they think they do!

We have a lot of experience in identifying actual or possible claims of constructive dismissal which typically arise where an employee quits their job in circumstances where they think their employer is to blame.

To succeed in a claim of Constructive Dismissal it is necessary to show a significant breach of contract by an employer. This could be a breach of a provision in a written contract or a provision which the law implies where an employee doesn’t have a physical document showing an employment relationship with their employer. Decisions on resigning should not be taken lightly and our experience in this area enables us to take an objective view of your situation and to ‘tell it to you straight’.

Discrimination

We have experience in advising on a wide range of Discrimination claims including those based on Disability, Sex, Race, and Age.

Discrimination claims can be challenging to prove and we have seen many claims started too early or without enough knowledge.

Employment Tribunal rules in relation to time limits for making claims are very strict and the Law in this area is evolving quickly. This is not in other words an area for the uninitiated or inexperienced.

At EMG we can offer insight understanding and the commitment and support to help you fight a successful claim.

Redundancy

Another topic often misunderstood by a lot of clients we meet. Redundancy decisions can be challenged by claims for Unfair Dismissal and many are but fail because of a lack of understanding of the Law in this area.

Sometimes Redundancy payments aren’t paid when they should be or are incorrectly calculated.

We can offer advice and support in all contexts of Redundancy.

TUPE Cases

If your Employer sells or transfers their business to someone else or asks you to work somewhere else the chances are that regulations designed to protect your employment will come into play. These are known as the TUPE Regulations.

We are experienced in identifying breaches of the Regulations and helping those affected by breaches often by issuing Employment Tribunal Claims.

Wages and Other Claims arising in Employment

Employees and workers have a lot of protection in Law in terms of their entitlement to be paid for their services and in relation to rights in employment such as the right to work flexibly, to be paid for holidays and during time spent away from work on Maternity or Paternity leave.

Where an employer fails to apply the law such individuals can complain to an Employment Tribunal and to ask for financial compensation.

Because these various rights have lots of rules and requirements attached to them, a full understanding of them is essential before complaints or proceedings are started this is where we can help.

Settlement Agreements

Our involvement in drafting Agreements for our Employer clients gives us an ability to ‘see through’ offers contained in Settlement Agreements which are offered to those with possible claims against their employer and intended to protect your Employer from any claims made by you and arising from your employment.

We offer 2 levels of service:

  1. For those seeking advice on how good the deal is we can analyse the offer, discuss all the circumstances with you and then provide a written assessment providing advice on how you respond to the offer. We can also get involved in negotiating different terms. Our Fee for this level of service will be based on the time spent working on your behalf.
  2. For those simply seeking advice from an Independent adviser on the nature and effect of the agreement we can usually provide this service within a day or two of receiving your instructions and our fixed fee is based in part on the time associated with the advice and in part on the value of the termination payment offered in most Settlement Agreements. It is customary for the employer to contribute towards your legal fees this is usually at least £250 plus vat.

Employment Tribunal Representation (‘Advocacy’)

We offer a full Representation service for cases in the Employment Tribunal and for some cases in the County Court and High Court.

The majority of Claims involve claims for Unfair Dismissal Discrimination and payment of Wages and in many case we can offer representation on a Contingency Fee basis where we do not charge you if you lose your claim but take some of your compensation if you do.

Please speak to us before embarking on any claims. In our experience many claims are started prematurely or without enough preparation and your chances of winning with us acting for you are going to be higher the sooner we are involved.