Our client had been having issues at work and, shortly after raising a grievance in respect of the same, was asked to have a ‘without prejudice’ conversation with their employer. As part of this conversation, the client was offered a settlement agreement, which the employer claimed was unrelated to the grievance, instead citing a breakdown in their working relationship and disciplinary concerns.

Our approach was to meet with the client to understand the background of the matter, including the circumstances leading up to the settlement agreement, their employment history, and to advise them of any potential claims they had against their employer. This allows the employee to understand what their options are moving forwards, both in respect of accepting the settlement agreement and any other avenues, such as pursuing a claim.

We also discussed the suggested amendments we had for the settlement agreement, in particular waiving certain restrictive covenants and requesting that commission payments be included.

In this case, there was quite a lot of background to go through, so a second meeting was required to go through the terms and effect of the agreement itself, once we had adequately considered all their options moving forwards. It is a legal requirement to take legal advice on the meaning of a settlement agreement in order for it to be valid and binding, so this second meeting was required in this case.

Following the meeting and some further correspondence with the employer to finalise amendments, the settlement was agreed and signed by the parties.

We successfully negotiated a settlement agreement which the client was happy to proceed with, including waiving some of his restrictive covenants to allow him to move forwards and obtain a new role, and an increase in the monies he would be receiving under the terms of the agreement to include a pro-rata commission payment for work completed in the current financial year up to the termination date.

It is important to seek advice regarding settlement agreements from someone who will not only explain the settlement agreement itself, but also who will take the time to consider the circumstances leading up to the agreement and your employment history. It is vital for an employee to understand what rights they are giving up as part of the process and also what options they have moving forwards.

Our client instructed us to review their current contracts of employment for all staff and the directors of the company.

We provisionally reviewed their existing contracts and made suggested amendments to comply with Section 1 statement requirements. We then prepared more detailed and bespoke Directors’ Service Agreements for the directors.

As part of our instructions with this client, our Corporate team was also subsequently instructed to put together a Shareholders’ Agreement.

Once the documents were approved by all parties, we coordinated with our Corporate team to ensure the documents were duly approved, signed and completed in conjunction with the Shareholders’ Agreement.

We updated the contracts of employment and completed three Directors’ Service Agreements in line with our client’s instructions. We coordinated internally to ensure these were completed in a manner that was cohesive with the corporate matters also being worked upon.

It is quite often the case that employer matters commencing with our employment team may also require advice from our Corporate team or additional documentation to be drafted by them, such was the case here.

We work collaboratively with our Corporate team and will often work together on matters to provide our clients with the best possible service from a holistic perspective.

Our client came to us requesting that we review their contracts of employment, as well as their disciplinary and grievance policies.

Our first step was to conduct a Section 1 check to see whether their contracts of employment were compliant with the legislation. This requires that certain fundamental pieces of information be included within an employment contract and provided to an employee. We also reviewed their grievance and disciplinary policy to ensure that there were adequate policies in place.

Following these reviews, we arranged to meet with the client to advise upon the outcome of our review. In this case, the contracts were not compliant with their Section 1 requirements, so we took instructions accordingly in respect of those pieces of information which would need to be inserted, as well as instructions more generally on things they wanted to include.

In respect of the handbook, we advised on the areas we felt needed to be amended to more adequately protect the company, particularly in respect of confidentiality, criminal proceedings and covert recordings of meetings.

Following this meeting, we amended the contracts accordingly before sending them to the client for their initial review. We asked the client to review the same and provide us with any further instructions and their comments more generally. Following this, we were able to finalise the drafts.

We successfully updated the contracts, disciplinary and grievance policy to ensure that they were adequately protecting the employer, affording the employee their respective employment rights and, importantly, are now compliant with Section 1 Employment Rights Act 1996.

It is important to ensure that your contracts of employment are compliant and fit for purpose. From a practical perspective, when commencing a new employment relationship, it is vital that both parties understand their obligations and responsibilities from the outset, which should be set out within the employment contract.

For employers, it is of particular importance to ensure you are compliant, as a failure to provide a compliant Section 1 statement can result in an employee raising this as part of a substantive claim to an Employment Tribunal. Whilst a failure to provide this cannot result in a standalone claim, where a substantive claim has been brought (for example, unfair dismissal), the Tribunal can award additional compensation.

Our client was treated unfairly at work after he raised concerns about internal processes not being followed (whistleblowing). He subsequently went off sick suffering from stress and anxiety. He was further discriminated against during a grievance process.

We issued a claim in the Employment Tribunal on behalf of our client. We then guided him through the case management process, ensuring that all directions were complied with.

We represented the client at a preliminary hearing, a full hearing, and a remedies hearing. Throughout the process, we provided support to the client, who was particularly vulnerable during this difficult time.

The claim was successful. The Tribunal found in our client’s favour on the claims of unfair dismissal, whistleblowing and discrimination, and compensation was awarded.

Employment Tribunal claims can be complex and lengthy. The process can be particularly stressful for individuals who have already experienced difficult treatment at work.

Having legal representation ensures that your case is properly prepared and presented, and that you have support throughout what can be a daunting process.

Our client was approached by ACAS for early conciliation, and a claim was subsequently issued in the Employment Tribunal alleging unfair dismissal and disability discrimination.

We supported the client through the ACAS early conciliation process. Following the issue of the claim, we prepared the Response and Grounds of Resistance to defend the claims within the 28-day deadline.

We then guided the client through the Tribunal’s case management process, ensuring that all directions were complied with and that the case was properly prepared for hearing.

The matter proceeded to judicial mediation, where we represented the client in negotiations with the claimant.

The claim was settled at judicial mediation, meaning the matter did not proceed to a full hearing.

Employers are required to respond to a claim within 28 days of receipt from the Employment Tribunal. Professional advice is essential to defend the claim properly and to ensure that all procedural requirements are met.

Employment Tribunal claims can be time-consuming and costly. Early legal advice can help manage the process effectively and explore settlement options where appropriate.

Our client was seeking advice in respect of two employees with performance issues. They wanted to understand what their options were moving forwards.

A meeting was arranged with the client to understand the background and their concerns with the employees, as well as a better understanding of how they wanted to deal with the matter moving forwards.

We advised on their options and the pros and cons of each. We noted in particular that performance concerns (capability) can be one of the five fair reasons to dismiss an employee, but that a fair process must also be followed. This typically involves going through a performance improvement plan (PIP) process, which can be lengthy and time-consuming.

An alternative to this process would be to hold a ‘without prejudice’ conversation, to allow the parties to openly discuss both positions and offer settlement terms for a mutually agreed exit.

The employer followed the advice accordingly and, subsequent to the meeting, we put together draft settlement terms and a corresponding offer letter to present to the employee. The settlement was successfully negotiated between the parties.

A mutually agreed settlement agreement was reached for the exit of the employee from the business.

Unfair dismissal claims can be costly, time-consuming and damage reputations. If you are considering dismissing an employee, it is very important to understand not only the fair reasons for doing so, but also the process you need to follow in order for it to be considered fair in all the circumstances.

Equally, it is important to understand what your options are as alternatives to going through these processes.