Rothera Sharp’s Commercial Employment Law services are provided in association with Your HR Lawyer. Based in Nottingham, their team of HR professionals and employment lawyers has a wide range of experience in providing expert legal advice to employers.
The team can advise on:
Employment status – Not sure if your workforce are employed, self-employed or agency workers? Your HR Lawyer can assess the true nature of your relationships with your staff, make sure that you have the right contractual documentation in place and advise you on their rights and what your responsibilities are.
Contracts of Employment – The law requires you to have a Contract of Employment in place within 2 months of the start of the employment relationship; it is a legally binding document which sets the foundations of the employment relationship. Your HR Lawyer has vast experience in drafting, interpreting, changing and resolving disputes in relation to contracts for employers.
Sickness absence management – Sickness absence can be disruptive to a business and needs to be managed carefully and properly in order to avoid creating bigger headaches for employers. Your HR Lawyer can help you with introducing a sickness absence procedure, managing a live absence issue, exploring a potential disability and advising on what you need to do in order to fairly dismiss an employee due to their absence.
Discipline & Grievance Procedures – Employers must set out their discipline & grievance procedures and rules from the outset of the employment relationship. Your HR Lawyer can update or draft these policies for you – they can also help you to implement them if a disciplinary situation or grievance arises.
Performance Management – Underperforming employees can be a problem for employers. Your HR Lawyer can advise you on introducing and following effective performance management procedures to help you to tackle this issue in your business.
Equality, Discrimination and Harassment – Employers should have robust equal opportunity policies and training in place from day one and should implement these in practice throughout the workplace. If you don’t have anything in place or what you do have is not fit for purpose, Your HR Lawyer can get you on the right track.
Transfer of Undertakings (Protection of Employment) (“TUPE”) – When a business or contract transfers to another owner or contractor, there may be certain duties on both the outgoing and incoming parties. For example, informing and consulting employees. The employees working in the business or dedicated to the contract transferring have some automatic employment protections that you need to know about. Contact us if you need help navigating the legal minefield that is affected by TUPE.
Redundancy – If you are faced with making potential redundancies, it’s imperative that you follow the correct procedures in order to mitigate the risk of claims for unfair dismissal in an Employment Tribunal. Your HR Lawyer can advise and assist you throughout your re-structure, closure or downsizing process.
Settlement Agreements – A Settlement Agreement is a legal document whereby an employee or worker agrees to waive their right to bring/pursue certain Employment Tribunal claims against their current or former employer. Settlement Agreements can be an effective way of resolving a variety of employment-related disputes and avoiding legal proceedings. If you need a Settlement Agreement, Your HR Lawyer’s expert lawyers can formalise and negotiate the terms for you.
Employment Tribunal representation – With the abolition of fees for employees to make Employment Tribunal Claims, there is no greater risk of claims against employers. Whilst ordinary unfair dismissal and redundancy pay claims can only be made following 2 years’ service, discrimination claims can be made even before an employee has worked a single day with you. Your HR Lawyer’s experienced advocates provide effective claims management and Tribunal representation to employers.