Employment regulations are constantly changing. Curwens' Employment Team is here to guide you through the maze of "best practice". We can offer you HR advice to help cut through the red tape of regulation and free your time so you can run your business.
We work with you so that we can understand your short and long term plans, including expansion or restructuring. We can help you formalise terms of employment, prepare staff handbooks, implement HR procedures, comply with employment law. By taking over these HR functions for you we can allow you to do what you do best - run your business.
Curwens’ employer services include:
- HR Support
- Employment status of individuals
- Redundancy procedures
- Changing terms and conditions of employment
- Transfer of Undertakings (Protection of Employment) Regulations 2006
We can advise your HR Department on changes in Employment Law and assist in their implementation. In addition, you can use our Employment Team as a sounding board to check that any changes in your staff's employment terms comply with the latest regulations. We can also offer peace of mind by guiding you through any disciplinary actions or grievance procedures.
Self-Employed or Employee
Whether an individual can be classed as self-employed or an employee has become an increasingly complex area of law and every individual situation needs to be judged on its own circumstances.
Even if an individual does not meet the legal definition of an “Employee” they may still be a worker and afforded protection under anti-discrimination legislation, the Working Time Regulations 1998, the Minimum Wage Act 1998 to name but a few.
We can guide you through the various factors which the Tribunal will take into account when considering whether an individual is in reality an employee or self employed so that you will be aware of the level of protection afforded to that person under employment legislation.
Defending Employment Tribunal claims
We appreciate that it may be a daunting prospect when you receive an Employment Tribunal claim from an employee or former employee which must be dealt with within a stipulated time period. You may consider the claim to be without merit but we can advise you from an early stage as to the strengths of the defence and also the litigation risk of fighting the matter at Tribunal.
We understand that there may be times when you have to make redundancies but even in a genuine redundancy or restructuring situation, we often find employers fail to follow the correct procedure, which can then result in the redundant employee bringing an Employment Tribunal claim and being awarded significant compensation.
By taking our advice at an early stage you can significantly reduce the risk of an employee Tribunal claim or, if a claim is made, present the best possible defence.
We have extensive experience in advising businesses on the correct procedures to be followed when making 20 or more employees redundant where a more complex procedure will be adopted.
Changing terms and conditions of employment.
As an alternative to redundancies, you could consider altering your staff terms and conditions of employment, making necessary savings by reducing hours, salary, benefits, annual leave etc.
Unless this procedure is handled properly, such reductions could amount to a fundamental breach of contract entitling an employee to resign and make a constructive dismissal claim to the Employment Tribunal. This could involve not only legal costs in defending the action but may result in significant compensation being awarded to the employee.
We can advise on the correct procedure and in our experience, when the correct procedure is followed, staff often agree to the proposed changes so that savings are achieved without legal action and perhaps, more importantly, staff dissatisfaction.
Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
The TUPE Regulations 2006 are a legal minefield. We can guide you through the Regulations, with clear and practical advice so that your staff are correctly consulted. Failure to consult and inform staff can result in a claim being made by every affected employee. The financial implications of mishandling the process can be significant.
Our Employment Team has a wealth of experience in defending employers against claims brought by employees in the Employment Tribunal, High Court and County Court.