Disgruntled employees are not the only parties that benefit from speaking to an Employment Law solicitor. Employers have a responsibility to do right by their staff and uphold employment law. However, with many employers unaware of exactly what that entails, here are five situations where an employer may benefit from enlisting the services of a solicitor specialising in employment law.
PREVENTION- Many firms wait until they face the aforementioned disgruntled colleague before finding out what their responsibilities are and how vulnerable they might be. It is much better to be fully aware of the law as soon as possible, so that no issues arise in the first place. The best case scenario is to have day-to-day advice on a wide range of issues available to you all the time, that way your business will be protected.
TUPE When TUPE- (Transfer of Undertakings (Protection of Employment) Regulations) was first launched four years ago, it caused a great deal of confusion and questions of ‘does that apply to us?’. While the advice above suggests being clued up before a situation arises, should it manifest itself, you may need an employment law solicitor to help you understand you obligations.-
RESTRUCTURES- Whether it is a re-organisation or restructure of your company, if there is a situation that involves staff being relocated or made redundant, a fair and objective selection process must be employed. Not only that, but companies that have to make 20-plus redundancies within 90 days must carry out a formal consultation process. Employment Tribunals are far from ideal for businesses, especially while enduring difficult financial circumstances, so make sure you speak to an employment law solicitor to do things right first time.
GRIEVANCES- In the event of a grievance or problem between employees or between employees and the employer, there is a risk of escalation if it is not dealt with quickly and effectively. Once again an Employment Tribunal could be a reality if the situation continues to worsen. The sooner you can nip problems in the bud, the better and one way to do this could be with the help of an independent mediator in the form of a legal professional. All parties will be able to put forward their viewpoints and explain their grievances openly and honestly and without fear of recriminations.
INFORMATION- Information and Consultation of Employees Regulations was launched in 2004, detailing that companies with 50-plus employees are obligated to put in place information and consultation agreements, which, in relations economic and employment related matters, ensures that employees will be consulted if 10 per cent of the workforce requests to do so. Many companies are yet to recognise the need for such agreements to be place, so could benefit from professional legal advice.