Issues may arise for an employee, such as bullying and harassment, discrimination, issues with pay or transfer of employment to another body (‘TUPE’ transfer). We provide advice and assistance on these issues as they arise. We can prepare a grievance for submission to the employer if required. Alternatively, if you are being subject to a disciplinary process, we can review the charges against you, identify any evidence that would be useful to defend your position, and prepare a document which you can use to defend your position in the disciplinary hearing. The law only entitles an employee to bring in a trade union representative or work colleague, so Solicitors are not generally allowed to participate in the internal process, but we can assist you in preparing a robust defence to the charges as said.
We also identify and pursue claims on behalf of our employee clients, including claims for unfair dismissal, breach of contract, discrimination (be it race, sex, disability, age, sexual orientation or religion or belief) and we can provide representation at the Employment Tribunal, Employment Appeal Tribunal and Higher Courts (Court of Appeal and Supreme Court). We have arrangements with experienced Barrister’s Chambers who have a proved record of success and can offer fixed fees for representation in most employment or County Court matters.
Those who occupy managerial positions in organisations face unique challenges. On the one hand, they are subject to pressures to deliver from those above, but may equally face challenges from those that they manage. Not all ‘middle managers’ feel supported by their employer and from time to time, may need professional advice. We have advised a number of middle managers when they are subjected to disciplinary processes from their employers, or alternatively, where they are the subject of a grievance from individuals that they are managing. We can provide advice tailored to the specific circumstances of the individual and if necessary, provide a written document to support a case being brought or to respond to a grievance allegation as required.
We often hear from our clients that they do not feel supported by their trade union representative. Union representatives have a demanding role, but at times, they may not be as supportive as they would wish. We are able to step in and fill any such gaps and provide the required support.
If you wish to discuss your employment matter in the strictest of confidence and with no obligation, please call us on 0208 858 5996.
Brown & Co has achieved a number of successful outcomes for clients in the employment sphere through mediation (be it judicial mediation or through the services of ACAS). This is a cost effective means to allowing the parties to discuss their issues and reach an agreed outcome. If you wish to explore mediation as a possible resolution of your dispute please give us a call.
As part of our employment law practice we have also developed particular expertise and significant outcomes for clients who have suffered sexual harassment in the work place. The law defines ‘harassment’ as unwanted conduct which has the purpose or effect of violating someone’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for someone. Victims of sexual harassment often feel humiliated, embarrassed and powerless especially if the harassment is being perpetrated by a more senior colleague. That is where we come in. We will assess your case in a confidential no obligation setting and if you instruct is we will take your case forward. Awards for sexual harassment (as with discrimination generally) are uncapped although there are guidelines from the higher courts. In strong cases we would expect to obtain a significant award at tribunal or earlier settlement. In strong cases also the employer will be concerned at reputational damage and so more likely to settle early.
We can provide you with a suite of HR policies and procedures, tailor made to your business for a fixed fee. Alternatively you can purchase any number of discrete policies.
We also offer an annual review of your policies and procedures to ensure they remain compliant with the law. As a retained client we would alert you if there were any significant changes in employment law which impacted on your policies and procedures and amend accordingly if you so require. We provide an annual review of your policies and procedures.
In a recent settlement agreement matter our client and his employer agreed for him to leave upon terms. The employment contract contained a restrictive covenant which would prevent our client working for a competitor. We negotiated with the employer a variation to the restrictive covenant clause allowing our client to act as a consultant or employee to a competitor of the employer. This is important as otherwise our client has no recent experience in any other industry.
Our client was a plumber for a large hotel chain. During a period of sickness absence the employer dismissed him without any warning or fair process. We claimed unfair dismissal and disability discrimination (as the underlying health issue amounted to a ‘disability’ under the Equality Act 2010 in our assessment). After a contested hearing we won and our client was awarded £17000. We also took steps to enforce payment and our client has been paid in full.
We recently won a case for unfair dismissal and disability discrimination for a female employee who was dismissed by the employer after 9 months on sickness absence due to uterine fibroids. The employer met with the employee to discuss options and then 2 days later dismissed her without any further discussion. This hasty action was also found to be disability discrimination