Ambrose Crookes Solicitors provide professional employment law advice and services to a variety of clients including individuals and businesses throughout the UK with a particular focus in London, Kent and the surrounding regions.
Settlement Agreement
We are regularly asked to assist in the drafting and review of settlement agreements settling employment disputes and claims. Our initial consultation is intended to highlight the main areas of concern which would need to be addressed in the settlement agreement, with a view to then negotiating with the other side (Employer or Employee depending on who we are acting for) to ensure that the final agreement is mutually agreeable and can be entered into without any significant concerns of any further dispute to follow.
Redundancy
Redundancy is when an employer dismisses an employee because their job is no longer necessary as part of that organisation. This can happen for various reasons, including:
- The company changing what it does
- The company has decided to do things differently, such as using new technology
- The company is changing its location
- The company is closing down or facing insolvency
- The business needs to cut costs
If an employee is made redundant, the employer may have to account for things such as: Redundancy pay, A notice period, A consultation with their employer, The option to move into a different job, and Time off to find a new job.
The employer has the burden of proving that the redundancy is fair and that they followed fair procedures. If an employee disagrees with the dismissal, they may need to show that:
- There is no economic justification for the redundancy
- The reasons given for redundancy are not genuine
- They have been replaced
- Fair procedures have not been followed
- They were unfairly selected for redundancy
There are instances in which a redundancy could be construed by the employee (or indeed an Employment Tribunal) as an unfair dismissal. We are able to advise in these circumstances to ensure that the employer acts in accordance with the employee’s contractual and statutory entitlements, and to ensure a fair process can be shown to have been followed. In many cases, a settlement contract can be entered into to ensure both parties have a documented agreement which waives claims (as appropriate) and sets out the various obligations each party would need to follow to reach an overall resolution and avoid the need for any legal proceedings.
Unfair dismissal
Employees with the qualifying period of service have the right not to be subject to an unfair dismissal. Employers must show that their main reason for conducting that dismissal falls into one of the categories as set out in the Employment Rights Act 1996.
These 5 categories are as follows:
- Conduct: The employee’s actions were inappropriate or unacceptable, such as repeatedly disobeying management or having poor attendance
- Capability: The employee is unable to perform the job or doesn’t have the required qualifications, including health reasons
- Redundancy: The job is no longer required
- Legal reason: The employee is unable to perform the job legally, such as a driver with a driving ban
- Some other substantial reason: A broad term for other situations
Unless your employer can prove one (or more) of the above 5 fair reasons for dismissal, then your termination of employment will likely be considered as an unfair dismissal.
In the event of any circumstances which may give rise to a claim for unfair dismissal, we are here to provide expert advice as to the rights of the respective parties and to try to achieve a resolution which could be dealt with by way of a settlement agreement. In circumstances where a settlement agreement cannot be reached, we are also able to assist in the processing of claims before the Employment Tribunal.
Employment Tribunal Claims
Our Solicitors have a broad range of experience in handling claims of unfair dismissal, wrongful dismissal, constructive dismissal, discrimination, harassment and other contentious employment related matters.
We would always encourage taking a pragmatic approach towards trying to reach settlement before issuing a claim, however in situations where that is not possible we will advise you on the merits of your claim (or defence if acting for the Employer) so that you are well informed on the risks associated in taking your claim to an Employment Tribunal.
Employment Contracts
Our Solicitors are very well versed on the terms contained within employment contracts and can advise individuals and businesses on the content of such agreements and their enforceability in Court or at an Employment Tribunal.
We can also draft contracts or make amendments to existing contracts so that you can be certain that your agreements reflect the intentions of the parties.
At Ambrose Crookes Solicitors, we recognise the importance and value of every legal matter we deal with on behalf of our clients and we are always willing to go the extra mile to ensure that your matter is handled in a way which suits your needs.
Our Solicitors are highly approachable and we offer a free, no obligation consultation should you wish to discuss your matter with us confidentially before deciding whether to proceed.
For further information regarding our services, please feel free to request a quotation or contact us.