When handling industrial relations and employment matters, JP Law Solicitors has experience assisting both employers and employees.
For employers, we can assist you with:
- Drafting employment agreements
- Enforcement of employment agreements
- Business advice for re-structuring your company correctly
We have provided representation for our clients before the Courts and have extensive experience with handling legal proceedings for all matters involving industrial relations.
It is always recommended to consult an experienced solicitor when making changes that will affect your workforce.
For employees, we can assist you with:
Contract of employment
The law requires employers to furnish their employees written statement of particulars of employment as part of the contract of employment within 2 months of commencing employment with the company. The statement must set out the major terms of the employment including: job title, contracted hours of work, pay rate, holiday entitlement, notice periods, etc.
Breach of contract
Where the employer breaches any part of the contract including the implied terms, this entitles the employee to resign. If the breach of contract is that the employer failed to give notice in line with the contract, a claim for wrongful dismissal may arise. Also, if the employee suffers financial loss as a result of the employer’s breach of contract, they may be able to bring a claim for breach of contract. Claims can be brought to the employment tribunal only if the employment has been terminated and the amount of the claim does not exceed £25,000. Claims for breach of contract must be brought to the employment tribunal within 3 months of the termination of the employment. All other breaches of contract claims are brought to the High or County courts and the time limits for commencing claims are much longer.However, if an employee breaks the contract, the employer may be able to recover compensation for the losses incurred.
We advise and assist on settlement and compromised agreement. We can represent employer or employee in negotiations around the terms of settlement or compromised agreement. We can also advise on specific terms of the settlement or compromise agreement ensuring that you understand the limits that it will be likely to impose on any future employment tribunal claims.We have good track record of negotiating successful outcomes for our employer and employee clients. Our solicitors can advise employers and employees on all settlement and compromised agreements.
Privacy at work and Data protection
Monitoring and surveillance at work for instance: CCTV recordings, opening emails, examining website and telephone usage, keystroke logging on computers, vehicle tracking, etc. are regulated by Human Rights Act, Data Protection Act, and other relevant legislations. Some activities like intercepting emails and telephone calls may be a criminal offence in certain circumstances. Management of data requires that only accurate information about employees are retained and must be kept confidential.An employee has the right to see the information held about them and to make a claim if this is inaccurate or not, in compliance with the Data Protection Act 1998. This could be used to challenge performance assessments or issues regarding pay and promotion.Our solicitors can advise both employers and employee in all areas of privacy and data protection compliance.
Employers have the right to take disciplinary action against their employees if they consider that the conduct, job performance or attendance of the employee is not satisfactory. This action must be fair and in line with natural justice. An employee has the statutory right to be accompanied to a disciplinary meeting by a work colleague or a trade union official or representative. The employee should be given the opportunity to put their case forward. In some cases, they may have a right to be represented by a solicitor. There should be a note of what is said at the meeting. Sometimes disciplinary meetings are recorded. Where sanction is imposed, the employee can appeal against the imposed sanction. Our solicitors have sound and practical knowledge of Nursing and Midwifery Code (NMC) of conduct and can advise both employers and employee in all disciplinary matters.