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Changing Terms and Conditions of Employment

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.

Madeleine Thomson
Employment Protect

Contracts of Employment

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.

Madeleine Thomson
Employment Protect

Director Service Agreements

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.

Madeleine Thomson
Employment Protect

Flexible Working Requests

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.

Madeleine Thomson
Employment Protect

HR Helpline

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

Madeleine Thomson
Employment Protect

Employment Tribunal Claims and Employment Disputes

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.

Madeleine Thomson
Employment Protect