Bartons advises businesses and senior employees on the challenges which can arise in the work environment.
We understand that employment relationships are often more nuanced than other business relationships and present unique challenges for businesses. We are always available to provide you with practical advice and support on employment and HR issues when you need it.
We can advise on a broad range of employment issues including:
- Unfair dismissal and constructive dismissal claims
- Confidentiality and Business Protection
- Business Transfers and TUPE
UNFAIR DISMISSAL AND CONSTRUCTIVE DISMISSAL CLAIMS
If you receive a tribunal claim from a former employee for unfair or constructive dismissal, you will likely want advice on the prospect of the claim against you succeeding, the process which the tribunal will follow in order to decide the claim and, importantly, how you can effectively resolve the claim.
Our solicitors have defended businesses against claims for unfair and constructive dismissal in the Employment Tribunal and the Employment Appeals Tribunal. We can represent you at all stages of the tribunal process, including preparing your initial response, engaging with ACAS, advising you on settlement and presenting your case in the tribunal.
Our experience of these claims means that we can advise you at an early stage of the likely result and identify a case strategy which meets your commercial objectives.
Whilst we will always work to seek an early resolution to a claim, we will also prepare your diligently and fight your corner so that if the case does have to be decided by the tribunal, you have the best chance of winning.
We have particular expertise in unfair dismissal claims relating to shareholder directors and the additional complications this can bring.
Engaging in a redundancy process can be a drain on management resources for your business and also damage the morale of your employees. Redundancies can also present a number of legal risks to your business which require careful planning and consideration.
However, there are times when redundancies are necessary in order to ensure the profitability and sustainability of your business in the future.
We can provide you with practical advice on conducting a redundancy process to ensure that you comply with your legal obligations. We can advise you on every step of the process, from identifying pools for redundancy and selection criteria, to engaging in successful consultations.
CONFIDENTIALITY AND BUSINESS PROTECTION
Whether it is your client and supplier lists and relationships or technical information and knowhow, your employees deal with your most sensitive and confidential information and property on a daily basis. When employees leave your business, this can present a significant risk to ongoing success of your business.
We can help you reduce this risk by:
- Drafting suitable restrictive covenants and confidentiality provisions in your employment contracts; and
- Advising you on effective management of employees who are leaving your employment, including exercising any right to place those employees of garden leave; and
Unfortunately, even if you have suitable restrictive covenants in place and you manage your employee’s exit from the business carefully, disputes can still arise if your former employee fails to comply with the restrictive covenants or confidentiality provisions in their contract by:
- Doing business with your key customers or suppliers;
- Providing their new employer with your customer lists or other confidential information; or
- “Poaching” your other employees.
In these circumstances, time can be of the essence to urgently protect your business. Our solicitors have experience of advising and representing employers and employees in application to court for urgent injunctions.
If you think that your former employee is in breach of their restrictive covenants, or you are an employee who has been served with a claim for an injunction, we can advise you on the options available to resolve matters satisfactorily and at a proportionate cost.
BUSINESS TRANSFERS AND TUPE
We work closely with our colleagues in our commercial and corporate departments to advise you on employment issues which might arise in the sale or purchase of a business.
The employees of a business will often be an important asset of a business which is being sold. However, they can also present a risk to both the outgoing and incoming owners of a business.
We can support you in such business transaction by advising you on the terms of the sale agreement and complying with your obligations to inform and consult under TUPE.