An employment solicitor is a legally qualified expert who works with individuals and organisations to navigate the complexity of employment law, seeking to secure the best possible solutions. They use their specialist knowledge to ensure employers’ obligations are met and employees’ rights protected. Employment solicitors work across many different areas including recruitment and onboarding, contracts, disputes policies and procedures, restructures, redundancies, unlawful discrimination, whistleblowing, and/or unfair dismissal claims.
Recruitment, contracts and policies
Finding someone for a new role or replacing an employee takes time, effort and planning. From the recruitment advert to finalising the contract of employment, employees and employers need to ensure that contracts accurately reflect what has been agreed, comply with legislation and are suitable for all parties.
Grievances and disciplinaries
Unfortunately, disagreements do arise and careful consideration needs to be given as how to best resolve them. An employee may subsequently raise informal or formal grievances, which require thoughtful deliberation to be dealt with appropriately. If the correct process is not followed, the employee may have additional claims or be entitled to increased compensation. Disciplinaries may arise when the employer has concerns about an employees’ capability or conduct. These needed to be carried out appropriately and in accordance with employer obligations and the relevant legal duties.
Conducting such processes may be time-consuming, challenging, and can lead to claims. An employment solicitor’s guidance towards a reasonable outcome is positive for all parties and minimises the risk of litigation.
Restructuring and redundancy
Restructuring and redundancy must be handled carefully, sensitively and in accordance with legal obligations. Major change can be very unsettling for all those affected, not simply those who may be at risk of redundancy.
Specialist advice is crucial to not only ensuring a fair process but doing so with the least possible disruption. This may entail looking at severance packages.
Unlawful Discrimination
Under the Equality Act 2010, employees have a number of protected characteristics: age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex and sexual orientation. Employers have a duty to ensure that employees are not treated less favourably because of any protected characteristics, prevent sexual harassment, and make reasonable adjustments for disabled employees. Further, employers have a duty to ensure any employee raising allegations of discrimination are not victimised for doing so.
Employment solicitors may advise on all aspects of discrimination to ensure
(a) employees fully understand the protections afforded to them, and
(b) employers understand how to operate in compliance with legislation and avoid or navigate common pitfalls that can spiral out of innocuous workplace decisions / incidents.
Settlement Agreements
In an employment context, a settlement agreement is a contract entered into between an employer and employee. It is a common mechanism used to bring an employment relationship to an end or settle a dispute. Employees must obtain advice on the terms and effect from a relevant adviser.
In the hands of a well-advised employer, a properly drafted settlement agreement is a valuable tool in ensuring an employment relationship ends in a controlled manner with certainty and protection moving forwards. Employment solicitors provide expert advice in preparing and advising employers on the terms of settlement agreements to certify they are properly protected.
Concurrently, being offered a settlement agreement can be a bewildering and distressing experience as an employee. The agreement itself can be daunting and filled with legal language that is hard to understand. Employment solicitors will advise employees on the terms and effect of the agreement, explaining their contractual and statutory rights, and ensure they make an informed decision, and can, if appropriate, seek to negotiate and improve the terms being offered.
