Employment law is frequently evolving, with employees increasingly protected through new legislation. Regardless of how you view these changes, the important thing is that, as an employer, you fully understand and uphold them.
If you’re an employee, then it’s also important to understand what your rights are. If you feel they have been compromised, then you are entitled to take the matter further. In both instances, there are occasions when you may require an employment law solicitor to discuss your situation or prevent problems further down the line.
Here are just some of the times when legal advice could be invaluable…
1. While you may find yourself in a situation that demands the services of an employment law solicitor, it may be equally as prudent to consult them before such a problem arises. Prevention is better than reaction and a solicitor could prove useful in ensuring nothing goes wrong in the first place.
2. TUPE (Transfer of Undertakings (Protection of Employment) Regulations) can be a minefield for employers, with the possibility of the incoming transfer of staff following the acquisition of part of a company or even just winning a new client to service from a competitor. Merely hearing the word TUPE can strike fear into employers, so why not let an employment law solicitor explain your responsibilities and the best course of action?
3. Restructuring your organisation could result in a reduction of staff in one area and an increase elsewhere. Or perhaps the economic conditions are pushing you towards staff redundancies. In any of these circumstances, a law professional can help you do manage the situation professionally and legally to minimise the impact on your business and do right by your employees.
4. It is unlawful to be discriminated against, based on your race, gender, pregnancy, maternity, disability, age, religion, belief, sexual orientation or gender reassignment, so action must be taken. If you feel this has resulted in an unfair dismissal or being passed over for a promotion, then it’s a good idea to try and get the situation resolved at work first. However, if this proves unsatisfactory, an employment law solicitor could help you take legal action.
5. On the subject of unfair dismissal, if you feel you have been wrongly let go by an employer, you could be entitled to take legal action against them. An employer can only dismiss an employee for one of six specified potentially unfair reasons, and acted reasonably in all the circumstances in treating the reason as justified as sufficient to justify dismissal. This often involves issuing two justified warnings prior to beginning a dismissal procedure, so if you feel you may have been treated unfairly, why not contact an employment law solicitor to discuss your options.
There are many more instances where an employment law solicitor should be contacted – such as updating contracts, drafting new staff handbooks, grievance and disciplinary matters, maternity rights, time off for dependants and much, much more.