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This page is currently being updated, we apologise for any inconvenience this may have caused.
This page is currently being updated, we apologise for any inconvenience this may have caused.
We can provide advice and assistance in relation to Contracts of Employment.
If you have a new Contract to sign we can advise you on the implications of signing it and explain the terms of the new Contract to you before you sign it and before you are bound by the terms.
We can also provide you with advice in relation to your existing Contract of Employment and any proposed variations to it by your employer.
Contact one of our specialist Solicitors – Robert Oates or Natalie Spencer - on 0115 959 00 55.
We can provide you with advice and assistance if you have been directly or indirectly discriminated against, victimised or harassed on the grounds of your:-
- sex
- race
- sexual orientation
- religion or belief
- age
- disability
We can provide advice in connection with unlawful acts of discrimination in advance of employment, during your employment and also post-employment.
The general rule is that discrimination claims should be lodged at the Employment Tribunal within three months of the last discriminatory act. If you think that you might have a claim then you should contact one of our specialist Solicitors – Robert Oates or Natalie Spencer - on
0115 959 00 55 as soon as possible to ensure that you do not miss the deadline.
If your employer has withheld wages from you or made deductions from your wages without your written consent then you may have a claim for Unlawful Deduction from Wages.
This applies to most payments other than advances of wages, expenses, pensions, redundancy payments and payments made in lieu of notice.
Your employer may be entitled to make deductions which are:-
(a) authorised or required by law, for instance the deduction of income tax and national insurance contributions at source;
(b) provided for by a term in your Contract of Employment;
(c) expressly authorised in writing by the employee prior to the deduction;
(d) made in connection with retail employment;
(e) made to recover an overpayment of wages.
If your employer has made an unlawful deduction from your wages then the general rule is that you must lodge your claim at the Employment Tribunal within three months of the deduction. If there have been a series of deductions then the three month time limit will begin to run from the most recent deduction.
If you think that you might have a claim then contact one of our specialist Solicitors – Robert Oates or Natalie Spencer on 0115 959 00 55 to discuss your case.
Although Employment Tribunals were originally established to encourage individuals to deal with employment-related disputes themselves, the procedural requirements imposed by the Employment Tribunals and the complex law that can apply to the disputes can often make it desirable for both Claimants and Respondents to be legally represented.
It is still possible for individuals to represent themselves, or to have a family member or friend represent them, however in most cases we would suggest that the individual obtain legal advice in connection with the claim.
If having issued a claim a party fails to comply with the Orders made by the Tribunal then there can be cost sanctions and claims can even be struck out.
If you have already lodged a claim or if you are thinking of doing so contact one of our specialist Solicitors – Robert Oates or Natalie Spencer - now on 0115 959 00 55 for advice on your claim.
A contractual term restricting an employee’s activities after termination will be ineffective, unless the employer can show that the covenant:-
(1) is designed to protect the employer’s legitimate business interests; and
(2) extends no further than is reasonably necessary to protect those interests.
Whether an interest is considered a legitimate business interest will be depend on the business in question. The type of interests which employers seek to protect are:-
- trade secrets or confidential information
- customer connections or goodwill
- supplier connections
- employee connections
Post-termination restrictive covenants may seek to prevent you from:-
- competing
- soliciting customers or suppliers
- dealing with customers or suppliers
- enticing away employees
- using or disclosing confidential information
When considering whether a post-termination restrictive covenant is enforceable a Court would take into account the following:-
- the seniority of the employee
- the nature of business/activities of the employer
- the duration of the covenants
- the extent of geographical restriction
If you require advice in connection with post-termination restrictive covenants then contact one of our specialist Solicitors – Robert Oates or Natalie Spencer - on 0115 959 00 55.
If you have been offered a severance package or Compromise Agreement please contact us on 0115 959 00 55 to speak to Robert Oates or Natalie Spencer.
Compromise Agreements can be en effective way of resolving a variety of employment-related disputes and can provide an effective way of avoiding legal proceedings and the consequential time and costs of doing so whilst providing the employee with a severance package.
Compromise agreements are legally binding written agreements where an employee accepts compensation from his/her employer in return for sacrificing potential claims which could otherwise be pursued through an Employment Tribunal.
The package can also include the provision of an agreed reference and a warranty from the employer to confirm that they will not deviate from the essence of that reference when approached for references in the future and terms requiring the employee and employer to keep the terms of the agreement confidential.
The employee must seek independent legal advice before entering into a Compromise Agreement. Our specialist Solicitors can provide this advice and will discuss with you in detail all potential employment-related claims which you may have before you decide whether to enter into the Compromise Agreement.
The employer normally pays most if not all of our costs. If our costs are likely to exceed the employer’s contribution then we will provide an estimate of how much our costs are likely to be at the earliest opportunity.
We can advise you on whether payments made pursuant to the terms of a Compromise Agreement are likely to be taxable and can suggest steps to take to make the payment as tax efficient as possible.
When advising you, we will need to see your Contract of Employment. If there is a term within your Contract of Employment entitling your employer to pay you in lieu of notice then it is likely that that element of the severance payment will be taxable.
We can also provide you with detailed advice on the enforceability of Post Termination Restrictive Covenants contained within your Contract of Employment and/or Compromise Agreement and how they will affect you once your employment has come to an end.
If you would like to discuss a Compromise Agreement with us then please contact one of our specialist Solicitors – Robert Oates or Natalie Spencer - on 0115 959 00 55.
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE Regs”) came into force on the 6th April 2006. They apply to businesses of all sizes and seek to protect the rights of employees when their employer changes as a result of a relevant transfer of an undertaking.
Where a transfer of an undertaking takes place (which can include a takeover, merger or service provision change-over) then employees employed by the transferee may automatically become employees of the transferor when the business changes hands.
There is a provision within the TUPE Regs which gives employees a free-standing right to terminate the employment relationship on account of a substantial change of working conditions to his material detriment. If your employment has transferred to a new employer and your employer is attempting to or has substantially changed your working conditions then you should seek advice as soon as possible from one of our specialist Solicitors – Robert Oates or Natalie Spencer - on 0115 959 00 55.
Certain liabilities and obligations may transfer to the transferor as a result of the transfer, such as:-
- contractual liabilities in relation to employees arising under or in connection with the employment relationship
- statutory employment claims triggered during the employee’s employment with the original employer
- contractual enhanced redundancy schemes
- contractual bonus commission and incentive schemes
If you have been dismissed either before or after a transfer then you may have been automatically unfairly dismissed, for the purposes of an Unfair Dismissal claim (see above) if the sole or principal reason for the dismissal is:-
(1) the transfer itself; or
(2) a reason connected with it that is not an economic, technical or organisational reason entailing changes in the workforce.
If there is to be a transfer then both the transferee and transferor will be under a duty to inform and consult with you about the transfer.
If you require advice in connection with a transfer of an undertaking then please contact one of our specialist Solicitors – Robert Oates or Natalie Spencer - on 0115 959 00 55. The time limit for most employment-related claims is three months so you should seek advice as soon as possible.
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While every effort is made to ensure the information on these pages is accurate and up to date, it should not be treated as a complete and authoritative statement of the law. Sharp and Partners Solicitors cannot be held liable for any inaccuracies and their consequences. The information contained on this site is not a substitute for legal advice and only applies in England and Wales. If you have a legal problem you should talk to a lawyer or adviser before making a decision about what to do.