All too often this requires some focus on retaining control of reputational fall-out. We offer a seamless perspective of the interplay between reputation management and employment law advice, which includes experience of obtaining injunctions to prevent breaches of restrictive covenants and non-compete clauses in contracts and agreements, when either rival companies seek to poach talent, or individuals decide to leave to compete in breach of their obligations. We have issued court proceedings to prevent third parties inducing breaches of employment contracts.
Employment
Correct management of an exit
We help clients – both employers and employees - approach employment law and contractual issues.
- Settlement Agreements
- Redundancy
- Discrimination
- Restrictive Covenants
- Employment Tribunal Claims
- Contracts of Employment
Ask Our Expert
I have an employee who has been with us less 2 years. It’s not working out. Can I dismiss them?
Technically, yes, and there is no requirement to demonstrate a fair reason or follow a fair process. However, simply because the employee has not served the requisite 2 years to obtain their full employment rights does not mean they do not have any rights at all. Be mindful of discrimination, notice obligations on termination, and other breach of contract claims, and in some instances an employee could still claim they were ‘automatically unfairly dismissed’ if the dismissal is because of a basic statutory right.
My employer has given me a settlement agreement and wants it signed and returned by the end of the week. Do I have to do this?
Whilst not legally binding, ACAS recommend that a minimum period of 10 calendar days should be allowed to consider the proposed formal written terms of a settlement agreement and to receive independent advice. Usually, employers are content to know that action is being taken, advice sought and that an agreement in principle can be reached. However, if they continue to put pressure on, it may be deemed improper behaviour, and would be relevant to any subsequent unfair dismissal proceedings.
I’m considering making a claim against my employer. If I win will I get my legal costs back from them?
The general rule in Employment Tribunals is that each party will bear their own costs, irrespective of the outcome, and decisions to award costs are relatively rare. However, if a party has behaved unreasonably or vexatiously throughout the litigation, the other party may apply for their costs. You or they will have to persuade the Tribunal that a costs award is appropriate but are unlikely to receive the full amount either way.
How long do I have to make a claim against my employer?
There are strict time limits for bringing a claim in the Employment Tribunal. For most claims you have 3 months less 1 day from the act you are complaining about, for example, discrimination, dismissal, and unlawful deduction from wages. A few claims have the slightly longer limit of 6 months less 1 day, for example, equal pay, or unfair dismissal related to strike action. It is worth bearing in mind that you can make a claim whilst still employed. A common pitfall is to wait until the relationship has ended. Either way, avoiding delay is important to ensure you have given yourself sufficient time to take advice and/or draft the relevant forms and information.