EMPLOYMENT PROTECT

WHO ARE WE?

Employment Protect is a service dedicated to providing businesses with the support they need to manage and optimise their workforce and HR legal issues that arise on a day to day basis.

Employment risk may occur out of the most routine of working days and can quickly achieve emergency status owing to the commercial, reputational, legal and cost factors that come into play.

Madeleine Thomson, who has practised as an employment lawyer for over 20 years established Employment Protect to provide  business clients an expert service for all issues relating to hiring, employing and terminating employees and to assist executive employees extract themselves from onerous contractual terms.

Employment Protect services clients from a range of sectors to include legal and professional services, manufacturing, property, construction, retail, digital, media and publishing and references are available upon request.

We work with clients nationwide and are based in London and Kent.

Our fee structures are designed to suit all and we offer fixed annual fees, fixed project fees or hourly rates depending on the client and their objectives.

Madeleine Thomson
Employment Protect

CHANGING TERMS AND CONDITIONS OF EMPLOYMENT

It makes sense to regularly review terms and conditions of employment to reflect changes to businesses and roles which may be brought about by growth or changing market conditions or career progression.

Employees must be consulted with properly and their agreement sought before changes can be imposed.  If employees will not agree to the changes employers require then the employer may implement the change subject to terminating the existing contract on notice and simultaneously offering the new employment terms.  This will necessitate documented reliance on legitimate and fair reasons that will stand up in law to justify the changes to avoid unfair dismissal liability.

We can assist in steering our clients though the consultation process and ensuring you have the documentation in place to enable you to introduce the changes lawfully.

CONTRACTS OF EMPLOYMENT

Aside from being a legal requirement, employment contracts should be designed to enable employers to meet their business objectives whilst providing the employee with clarity about their terms and conditions.

We can assist you in selecting the form of employment contract that best suits your business and its personnel whether it be for your regular employees; an executive service agreement,  fixed term, zero hours; casual or consultancy agreement.

We can also build in additional protection to safeguard your business upon termination of employment to include non-competition prohibitions and management of social media use.

DIRECTOR SERVICE AGREEMENTS

When employing a director or senior executive, it’s vital to tailor the contract of employment so that you derive maximum value from your investment.

The remuneration package can be designed to ensure the individual is highly motivated to meet performance targets that reflect the organisation’s business plan.

You may intend to link performance to shares or share options and to dictate what happens to any stake holding if employment is terminated – “good leaver” and “bad leaver” provisions.

FLEXIBLE WORKING REQUESTS

Flexible working can be a profitable recruitment and retention tool providing the business has the infrastructure and work types that lend themselves to making adjustments to working hours.

If flexible working is not right for the business at any time, you will still need to have a strategy in place for dealing with flexible working requests since all employees have the right to request more flexible working time.

Employers are entitled to reject or make counter offers on flexible working requests but only if they comply with the formal legal process for doing so and are seen to consider all the options available for example job share or home working. If the request is rejected without justification it can raise the risk of constructive dismissal and discrimination claims.

We have the expertise to guide you through the process, ensuring your policies permits you flexibility in deciding these requests and to enable you to have a trial period if that assists.

HR HELPLINE

With the every changing employment law landscape, employers of all sizes need fast, efficient and commercial advice they can rely on to make their business decisions promptly.

Our Helpline enables employers to budget for their HR and employment issues since for a modest annual fee, managers can phone or email as much as they need to establish where they stand in relation to the decisions they wish to make.

Unlike many other helplines, you will speak to an expert who has a wealth of knowledge gained across a wide number of sectors and our advisors do not take an “insurance” based approach to risk – they take a commercial approach to risk backed up by expertise and experience.

Our Helpline includes but is not limited to:-

•      Recruitment
•       Contracts
•       Performance Management
•       Disciplinary and grievances
•       Workplace investigations
•       Redundancies and Restructures
•       Flexible Working Requests
•       Holiday Pay
•       Sickness absence management
•       Retiring employees
•       Managing stress, bullying, harassment, discrimination
•       Health and Safety offences
•       Drug and alcohol misuse
•       Dismissals
•       Executive severance
•       Settlement agreements
•       Employment tribunal claims

EMPLOYMENT TRIBUNAL CLAIMS AND EMPLOYMENT DISPUTES

We are experienced in representing employers and employees in the employment tribunal, county court and high court and we can arrange the best legal representation owing to our excellent relationships with recognised barristers.

We have an excellent track record in persuading opponents to withdraw claims at an early stage whether by negotiation or application to the court to strike out.

Experience means that we know that it is not in anyone’s interests to be involved in the distraction and cost of litigation and our experience and tactical approach means that we can secure a much more satisfactory and cost effective solution to employment disputes.

REDUNDANCY AND
RESTRUCTURING

Every employer has to keep its business structure under review to ensure it adapts to changing market conditions and keep the organisation strong and competitive.

We review restructuring as an indicator or strength and our view is that the process should be implemented without delay and with compassion.

If the restructure involves fewer than 20 people then with our expertise it is possible to complete the redundancy process from start to finish within 2 weeks if your organisation needs to act swiftly to protect its interests and secure the morale of the retained workforce. Some businesses will wish to implement a much longer planning and consultation period working with employee representatives in keeping with their culture and ethos.

RESTRICTIVE COVENANTS AND REPUTATION MANAGEMENT

When an employment relationship breaks down one of the most important issues for both parties is what will happen when the employee leaves?  Will they work for a competitor, and if so, will they use information they have gleaned whilst in their current employment?

Provided they are well drafted, courts are willing to support employers in enforcing restrictive covenants.

We have the experience to advise whether or not restrictive covenants are likely to be enforceable and whether or not employees will be free to compete and breach their restrictions.

We can also assist employers and employees regarding practical steps that might be taken such as retrieving deleted files; court orders to seize information contained on the employee’s electronic devices and in “team move” situations.

In what can be an emotive situation, we are often able to find solutions aimed at avoiding expensive court action and ensuring that commercial and repetitional issues are managed and protected.

WORKPLACE INVESTIGATION

Where an employee raises a complaint or a grievance, the employer must investigate it. Moreover, when an employer becomes concerned there has been an act of misconduct, they will normally be bound to investigate it under their disciplinary procedure.

Investigations can take an enormous amount of valuable management time and individuals may be concerned about speaking frankly to their managers about issues that could incriminate their colleagues.

Employees often find it easier to speak frankly and in confidence to someone outside the organisation.

We can undertake the entire investigation process for you. We will meet all relevant personnel (either on or off site) and obtain their evidence. We then submit a rigorous report with our findings which you can rely on in making a decision.

LAW FIRM ADVISORY SERVICE

We have the expertise and experience in advising a number of different law firms of different sizes in relation to HR issues.

We understand the sensitivity of these situations particular where the individual, be it a partner or an employee has been long serving or when the reputation of the law firm and or the individual is at risk.

We understand the internal pressures at play and the need to take the necessary steps whilst not undermining the culture, ethos and morale of the firm.

We understand the external pressures such as client and competitor perception and of course the SRA regulatory regime which may influence or dictate the process.

Because we are a niche employment consultancy business we are not in a competitive position to the firms we advise.

Although many of our clients have their own employment law departments, they at times prefer to take advice externally to maintain the necessary degree of confidentiality.

Our law firm clients retain us either for ad hoc projects or on an annual helpline basis.