I Need To Hire Or Fire Staff

The right people, in the right jobs.  It is the mark of an efficient workforce and, while it might sound simple to achieve, in practice it can be an ongoing challenge. At Hegarty Solicitors we help you get the law, and your commercial decisions, right.

The sections below highlight some of the areas where getting professional legal advice from Employment Law specialists can be beneficial.

 Employment Contracts

Employees become entitled to a written statement of terms within the first two months of working for you. Employment contracts go further, setting out rights and obligations, helping employers formalise the relationship and provide for termination if things do not work out. Talk to our employment law department about the best option for you and let us get your documents in order.

 Policies & Procedures

It is advisable for employers to have certain written policies and procedures in place; such as disciplinary and grievance policies, for example.  While others such as absence, holiday and data protection are not required by law, there are good reasons for having them in place. Not only do they promote a fair and efficient workplace, they can also help protect you if the relationship with an employee goes wrong. We can design and prepare policies and procedures to suit you, and work with you to integrate these into your business.

 Disciplinaries

You may have an employee who is underperforming or who has behaved badly. As tempting as it may be to dismiss them on the spot, in most cases the law calls for a process of investigation and discussion. Our employment law specialists can advise you on the steps to take to make sure that you comply with your obligations, helping you handle any tricky issues relating both to that employee and to your broader workforce.

 Discrimination Claims

Press reports of high profile cases about retirement ages and the right to wear certain clothing at work tend to alarm employers.  Compensation for discrimination at work is not capped and so there is potential for it to reach into tens and hundreds of thousands of pounds. At Hegarty Solicitors, we can advise you on ways of avoiding falling foul of discrimination laws. Our employment law team can help diffuse difficult situations and to defend or minimise your liability if a claim is brought.

 Employee Share Schemes

You may be thinking about ways of improving staff productivity and encouraging workers’ loyalty. Employee share schemes can achieve this, but special care needs to be taken to ensure fairness when new staff members are brought in or existing employees are dismissed. We can advise you on the design and operation of your scheme, ensuring tax efficiency and the flexibility to remain commercial.

 Compromise Agreements

When an employee leaves, particularly if they have been dismissed for misconduct or poor performance, or been made redundant, there is the risk that a claim could be made against you.

A compromise agreement is a legally binding agreement which usually provides for a severance payment in return for the employee agreeing not pursue any claim or grievance against the employer.  We can help you put in place a compromise agreement which draws a line under the employment, preventing that employee from pursuing claims in the future. Talk to our employment law department about getting peace of mind.

 Employment Tribunal Representation

Most employers fear a Tribunal claim, irrespective of the strength of their defence.  Time, expense, stress and reputational risk all play a part and there can never be a guaranteed result. We are here to demystify the process and get the best outcome for you in the lead-up to or at Tribunal. Contact our employment law team for more advice.

Tim Thompson
Partner
01733 295606
Employment
Martin Bloom
Partner, Head of the Employment Department
01733 295632
Employment
Marissa Clausen
HR Consultant
Employment