Employment law advice for employers
Our expert team of employment law barristers, solicitors and lawyers can help you with advice on:
- dismissing staff fairly and avoiding employee litigation
- performance management processes and practice
- reducing absence and managing sickness absence
- planning and making redundancies
- Starting a new business or making an acquisition
- Transferring employees between companies under TUPE Regulations
- Reviewing and checking contracts, procedures and policies for legal compliance and suitability
Our legal advice can help you reduce the chances of an employee taking you to an employment tribunal. If you do have to go to tribunal, we provide practical, experience-based advice on the best way to defend your organisation.
Whether you have a large or a small workforce, and however strong your HR policies, it’s a fact of life that disagreements between employees and employers happen. If you have a situation that’s escalating, we can help you to manage it and make sure what you’re doing complies with employment law, helping to avoid expensive litigation.
If it does come to a formal case, we can represent you in defence at tribunal hearings. Before you get to court, we’ll give you advice in plain English about your chances of success in court, any risks, and the full range of options for defence or settlement that are available to you.
Legal proceedings can be intimidating if you’re not used to the language and processes used. Our team of experienced employment barristers and solicitors will guide you at every step, from completing forms and documentation and understanding what’s happening in court to making decisions during the case.
How much do employment law services cost?
At Webster & Co we can usually work on a fixed fee basis, so you always know the cost you are committed to. We will agree this with you at the start.
You might be more familiar with the idea of hiring a barrister through a solicitor. In fact, research shows that you could halve your legal costs by approaching a barrister directly. Our experienced, specialist team will recommend the best Webster & Co lawyer with the most relevant experience for your particular case.
Phone us for support and advice on 0808 164 9328 or fill in the online contact form.
Frequently Asked Questions
It’s illegal under the Equality Act 2010 to discriminate against a person because of their age, race, gender, sex, sexual orientation, religion or disability. If you’ve experienced discrimination at work because of any of these things and your employer hasn’t put it right, we can help you understand what you can do about it and act for you in negotiations or legal action.
Appeals and grievances
If you’re not happy with the action taken by your employer, you can appeal in writing. State clearly why you’re appealing. Your employer needs to reply in writing promptly.
If you raise a grievance and your employer arranges a meeting to discuss it with you, you have the right to take a colleague or union member with you.
Sometimes, if your employer doesn’t resolve your grievance properly and it’s making your workplace intolerable for you, it can lead to a situation of constructive dismissal, because it’s impossible for you to continue working there. This is not fair. You could be entitled to compensation if this is the case. We can give you clear advice on what to do if your employer hasn’t resolved a grievance or employment issue in a fair and reasonable way.
Can an employee appeal against the employer?
Nothing should stop an employee from making an appeal if he/she is not satisfied with the action taken by the employer. The appeal should be in writing, stating the employee’s grounds and reasons for the appeal. Employers should respond to the employee in writing, without unreasonable delay. An employee also has a statutory right to be accompanied by a colleague or union representative. A failure by an employer to resolve a grievance can, in certain circumstances, amount to constructive dismissal. If your employer has failed to resolve a grievance which is making your workplace intolerable for you, please contact me immediately and I will advise you of your options. If you think that your problems at work have not been resolved fairly or reasonably, please click here
to contact me.
Can you appeal against disciplinary procedures?
Generally speaking (as it depends on an individual’s circumstances), an employee may appeal against such disciplinary procedures if he/she believes that:
- The decision was wrong.
- Unfair procedures were used.
- The punishment is too harsh.
- New evidence has come to light.
There are other unforeseen circumstances. An employee cannot make an Employment Tribunal claim against a warning, or disciplinary procedures reached, although an employee could claim constructive dismissal if the conduct of his/her employer forces him/her to leave. There is also an alternative approach to this, which is to suggest mediation.
What are Disciplinary procedures?
Employers use disciplinary procedures to let employees know that their work or behaviour isn’t acceptable. This is a formal process that's supposed to be fair and clear to the employer and employee. But in practice, it doesn’t always work that way.
You can usually appeal against a disciplinary if you think your employer has made a wrong decision, if you’ve found out new information or if your employer has treated you unfairly. That includes imposing a punishment that’s too severe or using the wrong procedure. If your employer effectively forces you to leave unfairly, you could claim for constructive dismissal at an Employment Tribunal.
With warnings and disciplinaries, every case is different. Talk to our expert employment law team to understand clearly what your options are in your specific situation.
What are the various forms of discrimination?
Some kinds of discrimination are perfectly legal. For example, it is not illegal to discriminate against people who are overweight or who support a different football team to you. However oranges are not the only fruit. Discrimination on any of the following characteristics is illegal under the Equality Act 2010.
- Gender / Sex / Sexual orientation.