Employment for Corporates
All organisations and industries are affected by employment law issues and have a duty to comply with ever changing legal obligations.
In practice, anticipating and dealing with employment issues demands an understanding of human beings, which are a business’s most valuable asset. Balancing those legal duties against operating a working environment increases staff morale and allows performance to flourish.
Finding this balance demands a blend of legal knowledge and practical business awareness, tailored to the employer’s industry and culture. We support employers across a wide range of industries and sectors.
We can advise on:
- Business and asset protection
- Business structuring and transactions
- Employment disputes and avoidance
- Equal opportunities
- Industrial relations
- Organisational restructuring
- Workplace contracts, policies and benefits
We also advise senior individuals on employment issues from the employee’s perspective and assist businesses with employee relations and industrial action issues, as well as the problems and opportunities presented by social media in the workplace.
- 1 Business and asset protection
Maintaining and protecting business assets is an essential part of commercial success.
We can advise on:
- Confidential information
- Customer and client connections
- Data protection and privacy
- Employees and workforce teams; and
- Intellectual property
All of these assets can be protected in various ways, including through effective contractual terms, policies and processes, as well as the use of practical and tactical commercial strategies to avoid potential risks.
- 2 Business structuring and transactions
Our employment team works with organisations to help them shape their workforce to meet the needs of their developing businesses.
Adopting effective structures and restructuring exercises involves strategic employment considerations.Commercial business relationships with third parties demand significant consideration of workforce management, and this is of particular importance where the Transfer of Undertakings Protection of Employment Regulations (TUPE) may be applicable.
We can advise on:
- Staff transfer and consultation issues in outsourcing or retendering
- Management of staff in a share sale
- Transferring or inheriting staff in a merger or acquisition
In any situation we will guide you through the process of internal restructuring and the staffing elements of commercial transactions to highlight employment considerations and to balance business aims, workforce morale, legal requirements and practical experience.
- 3 Employment disputes and avoidance
Our primary aim in employment disputes is that of avoidance and resolution.
This involves working with businesses on a day-to-day level to adopt strategies which foresee potential claims such as constructive dismissal, discrimination or stress and sickness related allegations.
We take a pragmatic and commercial approach both in dispute avoidance and in the conduct of employment tribunal and court litigation, as well as dealing with effective strategies for settlements on termination of employment.
- 4 Equal opportunities and diversity
All businesses need to operate in a manner which complies with anti-discrimination legislation under UK and European law.
Discrimination law requires many practical considerations and an understanding of the legal application within the work place.
Prohibited grounds of discrimination can include:
- Marital status
- Religion or belief
- Sexual orientation
Whether these issues are engaged in recruiting staff, drafting contracts and policies, or in day-to-day management, our team is trained to assist businesses in operating as equal opportunities employers, and in dealing with and resolving wherever possible, allegations of discrimination.
Linked to this area are the protections in place for staff who may be classed as ’whistleblowers’ which can impact corporate employers in numerous ways.
- 5 Industrial relations
Good employee relations are absolutely essential to any business, but in a unionised environment employers need to be in a position to work in conjunction with union representation.
Industrial action has serious implications for an employer’s business and reputation. Preventing it requires rapid specialist legal action.
We have extensive experience and expertise in this niche area. We help a diverse range of clients resolve their disputes and build an IR framework to minimise the risk of any occurring.
Whilst we are best known for injuncting industrial action, our longer term aim is to help our clients achieve and maintain good employee relations through strategic planning.
We can advise on:
- Dealing with union and employee representatives
- Implementing union recognition and de-recognition
- Providing information and consultation
- 6 Workplace contracts, policies and benefits
Effective contracts of employment, tailored and updated to suit specific business needs and drafted to fit different levels of seniority within a business, together with practical workplace policies, provide the bedrock of an effective working employment relationship, whether individually or collectively negotiated.
In addition, employee incentives such as pension entitlements, bonus schemes and employee share schemes all form part of the bond between employers and a loyal workforce.
We assist businesses in ensuring contracts, policies, and benefits are clearly drafted with a view to protecting against perceived business risks, but in a practical and positive manner to assist business development.
We are proud sponsors of the http://www.aim-awards.co.uk/awards/ Diversity Champion award. This has been created to identify companies, listed on the AIM stockmarket, who are leaders in terms of fostering diverse thinking and demonstrating that diversity and inclusion is built into their workplace environment.