JMR Solicitors offer our advice and opinion on a range of employment matters.
Employment contract review for employers and employees:
As an employee, can review your employment contract when you are offered a new job and provide you with a comprehensive understanding of the document that you are signing safe in the knowledge that you are aware of the terms of employment.
As an employer, we can review the contracts that you will offer your prospective employees to make sure that all terms meet legal requirements. We can draft your employment contracts from the beginning, or review and edit existing contracts.
Disputes around employment contracts tend to arise when the terms are unclear. It is therefore vital to have expert assistance when drafting the contract and to gain a full understanding of all clauses whether you are an employer or employee.
What is a Settlement agreement?
Settlement agreements are formerly known as compromise agreements and are used when an employer agrees to pay an employee a sum of money in exchange for the employee giving up their right to make a claim in the employment tribunal.
Settlement agreements must be in a set format to be effective and employees must receive legal advice to have the agreement reviewed before signing anything. It is best to visit an independent solicitor with no connection to your employer. JMR Solicitors can provide independent advice to employees regarding any settlement agreement, often at little to no cost to the employee as the employer usually covers the legal fees in these cases.
When do I have a case for Unfair dismissal?
An employee will usually need to have been continuously employed with an employer before they can make a claim of unfair dismissal.
As an employer defending an unfair dismissal claim it is usually required that an employee has been dismissed for one of the following reasons:
It is also required that the employer prove that they, dismissing the employee for whichever reason, have acted responsibly in all circumstances.
It is vital that the correct procedure for dismissal is followed. For example, if an employee has been dismissed for their misconduct, they should be called to a disciplinary hearing and given the right to voice their version of events before dismissal.
Instant dismissals with no procedural safeguards can lead to an unfair dismissal claim.
In the case of a successful unfair dismissal claim, the employee will be given a basic award calculated like a statutory redundancy payment and could be awarded up to a year’s pay, or £76,574 (whichever is the lower amount) depending on financial losses.
If you have an employer/employee dispute and would like it resolved swiftly, cost-effectively and discreetly, contact JMR solicitors.