Employment Contract and Handbooks
Businesses will often be damaged by insufficient or inadequate contractual protection with regard to its former employees disrupting business, taking clients, other employees and confidential information. We mitigate such risks by preparing bespoke employment contracts and reviewing existing contracts of the target company. This ensures that its talent is bedded in the contact and that value in the business is retained and protected, maximising its value on sale or purchase.
Alongside the review of the contracts of employment, we also consider handbooks, often containing the policies and procedures, to ensure that they are up to date and in line with ever evolving workplace practices and legal requirements.
Evolving Employment Terms
It is vitally important that an employment contract can either be varied by agreement or changed through a lawful process. Our legal team is experienced in advising employers in this process to ensure that employment contracts align with the day to day needs of the business.
Dismissals and Settlement Agreements
Our team are highly experienced in advising employers in managing disciplinary proceedings, including investigations. We can then advise on practical commercial solutions to enable action to be taken on dismissals and, where the need arises, on settlement agreements. Our legal team has a wealth of experience advising on the termination of executives who may also be shareholders or have options over the company’s shares.
Re-Organisations and Redundancy
We assist many clients in minimising the risk of employment claims where their business is going through a re-organisation or is looking to reduce numbers. Many genuine redundancies lead to employment claims as a result of the employer’s failure to follow reasonable procedure, apply fair selection, consult affected employees or properly consider suitable terms of employment. We advise on all stages of this whether it be in the context of stand-alone redundancies or whether it is in relation to, or in anticipation of, a company or business sale.
TUPE - Selling or Buying a Business
TUPE can be a minefield for a business undergoing an acquisition, sale, merger or significant out or in sourcing. Our team provide expert advice on this complex area of law to make sure the acquisition, sale, merger, out sourcing or in sourcing is successful. Our team give practical commercial advice on how to handle the employment challenges involved, including after the transaction to harmonise the employment terms of existing employees and those joining the business.
Early Stage Advice
Claims by employees are time consuming, costly and a significant distraction to owners and senior management running a business. They are a particular issue when the business is going through a potential or actual sale, as any purchaser will have regard to the potential claims that an employee has or will make against the company and the financial consequences. We therefore give advice in relation to these issues which is pragmatic, realistic and commercial, so that the most cost effective and prompt solution can be found in relation to employment disputes.
Acting on Claims for Employers
Employment claims in an Employment Tribunal or the Courts simply cannot be avoided. If you choose to litigate we will give you the best chance of success and resolution in order to eliminate complications in the event of a sale or acquisition.