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Rice-Jones & Smiths - Central London Solicitors

Employment Law

We advise on and deal with all aspects of employment law

Michal Czugala - Employment Lawyer for Rice Jones & Smiths

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Settlement Agreements

We always ensure that the terms of the settlement are fair to our clients. Advising on a settlement agreement is more than just a “sign-here” exercise.

A properly drafted Settlement Agreement is likely to deal with such matters as arrangements on termination, bonuses, commission, legal fees, waiver of claims, employee indemnities, company property and information, employee warranties, reference, garden leave, restrictive covenants, confidentiality and, most importantly, the termination payment.

Careful consideration needs to be given to the entire agreement and the termination payment needs to be assessed considering all the relevant issues and circumstances.

Termination of employment / Unfair dismissal

An employee who has been continuously employed for the prescribed period of time has the right not to be unfairly dismissed (unless the dismissal is an “automatic unfair dismissal” in which case there is no requirement for the minimum qualifying service).

Irrespective of the length of the employee's service, an employer will be well advised to dismiss an employee only if the principal reason for the dismissal was one of the following reasons: capability or qualifications, conduct, redundancy, contravention of a duty or restriction imposed by or under an enactment; or some other substantial reason.

The employment tribunal will then decide whether or not the employer acted reasonably in dismissing the employee for that reason. Compensation awarded by the Tribunal will be determined subject to the statutory caps, the employee’s length of service, loss mitigation and the employee's conduct.

Discrimination

A claim for discrimination can only be made if the unwarranted act related to a protected characteristics; these are limited to: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation.

There are four types of discrimination: direct discrimination, indirect discrimination, harassment, victimisation. Please contact us for advice on this topic.

Whistleblowing

Employees should be able to raise health and safety, environmental, criminal and other serious concerns through appropriate reporting channels. Legislation gives employees certain protection against victimisation resulting from protected, qualifying disclosures.

Since June 2013, a qualifying disclosure need no longer be made "in good faith", but the employee must reasonably have believed that the disclosure was "in the public interest". Please contact us for advice on these matters.

Contracts of employment

Contracts of employment need not be in writing (other than the statutory minimum written statement of particulars of employment).

However employers will be well advised to set out the terms of employment in a comprehensive document encompassing matters such as the term of the employment, employee duties, place of work, salary, hours of work, expenses, holidays, sickness and sick pay, confidentiality, notices, payment in lieu of notice, restrictive covenants, garden leave. We will work with our clients to tailor the agreement to their needs.

Our clients may also find of some interest such topics as disciplinary and grievance procedures, redundancies, TUPE, employment status, part-time workers and fixed-term employees, pregnancy and family friendly rights.

This overview is not intended to constitute legal advice and must not be relied upon as such. If you require legal advice or representation on any of these topics please get in contact on 0207 269 9973 or mc@londonrjs.co.uk.

For more information please contact Michal Czugala

Contact Michal directly on:

0207 269 9973

mc@londonrjs.co.uk