Employment Law Solicitors
What is employment law?
In simple terms, employment law is a set of rules and legal obligations between an employer and their employees. The legal framework of employment law is in place to protect both the business and the individuals.
Employment law covers many aspects of the relationship between an employer and their employees, including terms and conditions of employment, discrimination, harassment and termination of employment.
The legal framework for employment law is complex and there are many different pieces of legislation for different industries and kinds of employees or workers. It is, therefore, important to use the knowledge and experience of an employment lawyer.
There are dozens of pieces of legislation that impact employment in the UK. However, the main employment law legislations include:
- Employment Rights Act 1996
- Equality Act 2010
- National Minimum Wage Act 1998
- Health and Safety at Work etc. Act 1974
- Working Time Regulations 1998
The history of UK employment law
The history of employment law in the UK can be traced back to Medieval times, when workers were bound to their employers by serfdom, with limited rights. The industrial revolution bought changes to working conditions, but it wasn't until the Factory Act of 1833 that minimum standards were established.
Other, more comprehensive laws followed in the 20th century, including the Trade Disputes Act of 1906, Employment Exchanges Act 1909 and the National Insurance Act of 1911. This was followed by the modern welfare state in the UK, which came post World War II and included major employment laws such as the Employment Rights Act of 1996 and the National Minimum Wage Act of 1998.
When the UK joined the European Union in 1973, this led to the adoption of many EU employment laws, including the Working Time Regulations of 1998 and the Equal Treatment Directive of 1976 (until 2009). Many of these laws are still in place despite the UK's exit from the European Union.
Today, UK employment law is complex and extensive, covering a wide range of issues such as discrimination, health and safety and workers' rights. While the history of employment law in the UK has been marked by significant progress, there are still ongoing debates and struggles around issues such as fair pay, workplace harassment, and the gig economy.
How we can help
Our lawyers offer employment law advice to employers and company directors on the full breadth of employment law including:
Settlement agreements
Settlement agreements are often used to end an employment relationship on agreed terms, particularly where an employer wishes to terminate a contract or resolve a dispute without going through the usual disciplinary or legal procedures. Settlement agreements are legally binding documents, so it is essential to take legal advice before agreeing to the terms.
Redundancy
Like many aspects of employment law, the redundancy process can be complex. Therefore, it is crucial for employers to follow the correct approach to ensure that redundancies are fair and not discriminatory. Legal advice is vital to ensure compliance with the law – or else costly discrimination challenges can follow.
Discrimination claims
In the UK, there has been a huge increase in discrimination claims, particularly for age discrimination. However, there are many other types of discrimination claims due to the protected characteristics: gender reassignment, being married or in a civil partnership, being pregnant or on maternity leave, disability, race including colour, nationality, ethnic or national origin, religion or belief, sex and sexual orientation.
Employers have a legal obligation to prevent discrimination and harassment in the workplace. Our lawyers can advise on defending such claims, using all their experience and knowledge to reach agreements in a timely and cost-effective manner.
TUPE
The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) protect employees' rights when their employment is transferred to a new employer because of a company acquisition, merger or takeover. TUPE is a very complex piece of employment legislation, so professional legal advice is needed to ensure compliance.
Unfair dismissal
Employers are legally obligated to ensure that they dismiss employees fairly. Unfair dismissal occurs when an employer terminates an employee's contract without a valid reason or without following a fair procedure. Valid grounds for dismissal may include capability or conduct issues, redundancy, or a legal requirement. Our lawyers can offer best-in-in-class advice to help employers prevent unfair dismissal claims.
Employment Tribunals
Employment tribunals are responsible for resolving a range of employment-related issues between employers and employees, including claims for unfair dismissal, discrimination, and breach of contract. The employment tribunal process can be complicated. Specialist legal advice can help employers and employees navigate the procedures and ensure the best outcome.
Immigration
Many businesses need the skills of professionals from abroad. Our business immigration advice service provides expert guidance and support to businesses to navigate the challenging world of immigration law.
Our team of experienced immigration lawyers can assist with all aspects of the sponsorship process, including obtaining a sponsorship license, managing the journey and ensuring compliance with all relevant regulations. We advise on the full range of immigration issues, including work visas, permanent residency, and citizenship.
Our goal is to provide clear, concise advice that enables you to make informed decisions and achieve your immigration goals.
Employment terms and contracts
Contracts of employment are a key part of the relationship between an employer and an employee. Contracts of employment set out the terms and conditions of the employment agreement and define the rights and legal responsibilities of both the employer and the employee. Our experienced employment lawyers can help you draft, review, and negotiate employment contracts to ensure they are legally compliant and meet your business needs.
We understand that every business is unique, so we offer tailored solutions that consider your specific circumstances and business goals. Our team can assist with all aspects of contract drafting, from standard employment contracts to bespoke agreements for senior executives.
Hexagon HR
Hexagon HR is a fixed-fee employment law retainer designed to give your business unlimited access to qualified legal and HR advice with the certainty of a monthly fixed fee.
The Hexagon HR service provides expert legal guidance to employers on various issues, including contracts, policies and grievances. With clear and concise advice, we help you minimise legal risk and protect your business.
Octagon
Our experts can help your workplace by facilitating mediation services where a grievance has occurred, encouraging open dialogue and re-establishing productive relationships. We can also conduct impartial, comprehensive and confidential workplace investigations and offer HR and employment law advice.
Coaching services and management training are also available, promoting strong leadership, better decision making and improved team dynamics.
FAQs
Employment lawyers play a crucial role in ensuring employers are operating within the confines of the law – as well as advising employers when disputes arise.
UK employment law has evolved to cover a wide range of areas including employment contracts and policies, discrimination, redundancy and immigration. It is vital that businesses comply with all aspects of employment law to ensure they don’t fall foul of costly, time-consuming and reputationally damaging claims.
When disputes do occur, our employment lawyers will seek to resolve the issues fairly and promptly through mediation.
In the minority of cases where it has not been possible to settle the matter through negotiation or mediation, employments lawyer will represent the employer at Employment Tribunals or in court.
Look for an employment lawyer that can clearly demonstrate their experience and track record. This can be done by consulting respected directories such as Legal 500 or Chambers and Partners.
Ensure that the lawyer has worked on a variety of cases - and, in particular, has experience of a case similar to yours.
Some lawyers will specialise in representing employers, and some will focus on employees. We are experts in advising employers and businesses of all shapes and sizes, across a wide range of sectors.
The cost will vary depending on services required. We will always offer value for money – and we will be transparent about costs from day one so you know exactly where you stand. As a firm, we are proud of our openness and honesty when it comes to finances.
Acas (the Advisory, Conciliation and Arbitration Service) is able to offer free guidance on some work-related issues.
The government-funded organisation exists to promote good relations between employees and their employers. Acas provides conciliation services to help resolve workplace disputes without the need for lawyer intervention.
Acas is an excellent first port of call for impartial and practical advice to help people understand their legal rights, and its website (www.acas.org.uk) is packed with useful resources.
Acas will not, however, put forward opinion or legal advice. Even if you are engaging with Acas for early information and advice, we recommend seeking independent legal advice from a reputable lawyer to help you achieve the best possible outcome in your unique circumstances.