Employment Law

Employment Documentation

Employment law is a complex and fast-moving area of law. As an employer, it is important that you provide your employees with the necessary documentation.

At Setfords, we can prepare the full range of employment documentation for you, including:

• Contracts of employment;
• Employee handbooks;
• Director’s service agreements;
• Confidentiality agreements/restrictive covenants;
• Consultancy agreements; and
• Employer policies and procedures.

Even if you have these documents in place, we recommend that you have them reviewed regularly to ensure that they remain up-to-date.

Disciplinary, Grievance and Capability Issues

Every employer, no matter how well they treat their employees, will have to deal with staff complaints at some stage. Conversely, employee wrongdoings are also inevitable, and disciplinary action against them may be necessary.

It is important that the correct procedures are followed when dealing with disciplinary, capability and grievance issues. Employers like you must have your own policies in place and follow the Acas Code of Conduct.

We can guide you through the whole process, including any appeal against a decision. Dealing with disciplinary and grievance issues promptly and effectively will greatly reduce the risk of further legal action being brought against your business.

Termination of Employment and Settlement Agreements

Agreeing amicable exit terms with an outgoing employee is massively advantageous to a business, potentially saving them significant time and money.

Here at Setfords, we can guide you through this process. This includes everything from the initial conversation with the employee and drafting a settlement agreement (formerly known as a compromise agreement), to the point where an amicable resolution is reached.

Discrimination

Discrimination is a complicated and potentially expensive area of employment law. 

For employers like yourself, it is important to ensure that all employees are aware of the protection against discrimination other employees have, as you could be liable for the actions of your staff if not. 

Employers also need to take care to prevent legal action being taken against them, as the amount a successful claimant could be awarded is uncapped.

Our solicitors are experienced in identifying the warning signs of a potential discrimination issue, and provide bespoke advice to hopefully resolve problems at an early stage. If this is not possible, then our employment law lawyers for employers can guide you through the tribunal process from start to finish. We have achieved notable results in defending businesses against claims for issues like pregnancy, race and age discrimination.

Redundancies and Restructure

Redundancies and business restructures are inevitable in today’s economic climate. Our solicitors can provide you with tailored advice to ensure that you follow the correct procedures, thereby limiting the likelihood of a claim being brought against your business.

We particularly recommend that you seek legal advice at an early stage if you are considering making 20 or more redundancies.

Employment Tribunal Proceedings

Unfortunately, employment tribunal proceedings are sometimes unavoidable. Litigation can be expensive and time-consuming, and it is important that the commercial needs of the business are balanced with the desire to defend it against unfounded and unmerited claims. 

While it is never easy having such a claim brought against your company, Setfords can guide you through the entire process to either a settlement or a final hearing. Whatever type of claim we are defending, we will do so robustly and pragmatically on your behalf.

Our lawyers are experienced in defending all types of proceedings, including unfair dismissal, discrimination, whistleblowing, and unlawful deductions from wages. We have an excellent track record in successfully defending tribunal cases, and have represented clients from many industries.

Restrictive Covenants and Restraint of Trade

Businesses need to make sure that, if they wish to impose restrictions on employees via restrictive covenants or restraints of trade, they are professionally drafted and enforceable. Otherwise, employees may attempt to breach these clauses.

We are experienced in assisting clients in drafting restrictive covenants and restraints of trade, and providing advice if they suspect these have been breached. 

Training

Employment law is evolving, complex and potentially costly. It can be hard for employers to stay up to date with the latest developments, which is where Setfords can help.

With our finger on the pulse of all things employment law, you can rely on us to provide key members of staff, — such as HR, line managers and directors — with tailored and timely training. This can be on a one-to-one basis, or to larger groups of employees.

We deliver training on all aspects of employment law, such as discrimination, disciplinary and grievance matters and family-friendly rights.

Mental Health in the Workplace

Setfords can support businesses wanting to learn more about mental health in the workplace. We offer a full health check ensuring organisations have the framework and resources in place to deal with the most common issues affecting employee wellness, including:

• Legal obligations and what to do when faced with a claim
• Manager toolkits to improve staff communication;
• Bespoke stress at work, bullying and harassment policies;
• Guidance on conflict resolution and grievance procedures;
• Advice on stress risk assessments;
• External support from third party agencies