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For an employee, employment law can be a confusing and daunting area.
Employment Law
Help From A Specialist Team
Here at Eatons we can provide practical advice and assistance on your employment rights in the workplace. Our expert staff can provide timely and cost-effective advice to assist you. Our expert staff are always on top of the changing legal landscape around employment law and can therefore provide up to date and cost-effective advice on the law.
Employment Law
How we can help
We can assist you on all aspects of employment law including:
From answering a simple query to representing you at an Employment Tribunal, Eatons’ team of experts can help.
Eatons – the safe side of Employment Law.
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Learn more about the services provided to private persons by Eatons Solicitors, lawyers in Bradford, Bingley and Yeadon.
Some of our FAQ's
Click below to see some of our FAQs, providing the answers to help you understand our services better. Still can't find what you're looking for? Please don't hesitate to reach out to us directly.
Terms and Conditions Of Employment (Contract of Employment)
Restrictive Covenants
Senior Executive and Director Agreements
Discrimination
Disciplinary and Grievance Issues
Unfair Dismissal Claims
Constructive Dismissal
The Advisory, Conciliation and Arbitration Service (ACAS)
Settlement Agreements
Redundancy Situations and Transfer of Undertakings (Protection of Employment) Regulations (TUPE)
Terms and Conditions Of Employment (Contract of Employment)
A person’s employment contract sets out all of the specific terms and conditions between the parties and is therefore the foundation of any working relationship. For this reason, it must be fully understood by all parties before it is entered into.
An employment contract can be a daunting document to absorb. Eatons have great experience in drafting employment contracts and as such, we can provide advice on the document itself and any implications of signing it.
Call our Employment Team today.
Restrictive Covenants
Restrictive covenants often exist within the employment contract or as an addendum (addition) or annex to the contract. Many people will not realise that their employment contract includes such onerous provisions and this means that they will not realise that they are subject to restrictions on their trade upon the termination of their employment.
A restrictive covenant is a restriction placed on a person to limit their activities when leaving the company in relation to competitors, clients or third parties. These restrictions may however only be enforced if they are a "genuine attempt" to protect the former employer's business within its industry and they must be very specific to that person's role.
It is too late to only consider these conditions when the decision is made by an employee to exit a business. You must seek legal advice on these clauses before signing the contract of employment. Eatons can provide valuable assistance on the interpretation of a restrictive covenant clause.
Call our Employment Team today.
Senior Executive and Director Agreements
Eatons have a wide range of experience in acting for Senior Executives and Directors including providing advice on Disciplinary and Grievance procedures, restrictive covenant documents, garden leave, Settlement Agreements, termination and severance packages, Consultancy Agreements and Shareholder Agreements.
Call our Employment Team today.
Discrimination
If you believe that you have been the subject of discrimination in the workplace then Eatons can help.
Discrimination is, in simple terms, the unequal treatment of an employee or a group of employees who qualify as a "protected person" under the Equality Act. There are various forms which Discrimination can take including direct and indirect discrimination, victimisation, harassment and failure to make reasonable adjustments for those with a disability.
A claim can be made for discrimination in relation to the following "characteristics": age, gender, race, sexual orientation, marital status, pregnancy/maternity, gender re assigned, religious beliefs and a disability.
If you believe that you have been subject of discrimination then call our Employment Team today.
Disciplinary and Grievance Issues
It is often the case that a company will have an internal disciplinary and grievance procedure that must be followed before further action can be commenced. These procedures will often seem confusing to employees.
If you are experiencing a dispute or problem at work you may find yourself faced with a disciplinary hearing. Eatons can review the allegations and evidence being put to you and we can help you formulate and document a response to the allegations. Eatons can also advise you on any potential outcomes and your options at all times.
Should you find yourself unhappy with issues at work or decisions being made that impact your employment then Eatons can also assist with the drafting of a grievance letter. This is a crucial part of reaching a solution for issues that you are unhappy with at work. We can assist with the actual drafting of the grievance and guide you through the process to try and achieve your desired outcome.
Call our Employment Team today.
Unfair Dismissal Claims
Eatons can provide advice on whether or not you have a claim for unfair dismissal. If you have been dismissed by your employer without a valid reason or if your employer has failed to use a fair procedure then you may be able to pursue a claim for unfair dismissal in the Employment Tribunal.
In very general terms, the employee must have been employed by their employer for a period of 2 years to bring a claim for unfair dismissal. Once a claim is brought, the employer must be able to show that the grounds for the dismissal falls within five categories; Redundancy, conduct, capability, breach of contract or some other substantive reason (SOSR).
It is vital to document and record all details when faced with a dismissal as the procedures followed and/or communications entered into go to proving the unfairness of a decision. When assessing the fairness of a procedure, the Tribunal will consider whether or not the employer followed the ACAS Code of Practice. If not, this could influence a Tribunal's view on the fairness of the dismissal.
If you believe you have an unfair dismissal claim, call our Employment Team today.
Constructive Dismissal
Constructive dismissal claims arise from a situation where the employee is "forced" out of their employment. This can be because the employer has constructed an environment or role which makes the employee's job no longer tenable.
When seeking to claim constructive dismissal, an employee should resign from their role in response to a fundamental breach of their contract of employment. A fundamental breach is an action taken (or not taken) by the employer that is so severe that it has effectively, destroyed the relationship between the employer and the employee. It is not sufficient that your employer has acted 'unreasonably'. We would strongly recommend that you seek legal advice before reaching this stage.
At the outset of any claim for constructive dismissal, it is important to establish whether two tests can be satisfied. The first test is that the employee must have been continuously employed for a period of 2 years prior to the date of their resignation and the second test is that the employee has resigned soon in response to the 'fundamental' breach of the contract of employment by the employer.
If you believe you have a constructive dismissal claim, call our Employment Team today.
The Advisory, Conciliation and Arbitration Service (ACAS)
The first step in bringing a claim in the Employment Tribunal is to engage in the Early Conciliation Process which is administered by ACAS. This process involves ACAS contacting both parties and they will attempt to find a resolution acceptable by both sides.
If ACAS are unable to settle the matter during the early conciliation procedure the claimant will be issued with an early conciliation certificate which allows the claimant to then issue the unfair dismissal claim in the Employment Tribunal.
Both the ACAS Early Conciliation stage and all subsequent court proceedings are subject to very strict time deadlines and therefore we advice that contact is made with our office urgently to ascertain the timescales applicable to your claim.
Settlement Agreements
The purpose of a Settlement Agreement (formerly known as a Compromise Agreement) is to set out the agreed terms for the termination of the employees' employment. This allows both parties a "clean break". For this reason, it is extremely important (and a legal requirement) that all employees seek independent advice on any settlement agreement before signing it.
Eatons Employment Team can provide advice from experienced specialists in this area. They give clear and thorough advice to clients to ensure that they are in receipt of all the information available before making their decision.
Often Settlement Agreements are given with a deadline for returning and Eatons will always try and accommodate any such deadlines.
Call our Employment Team today.
Redundancy Situations and Transfer of Undertakings (Protection of Employment) Regulations (TUPE)
Sometimes a company closes or it needs to restructure its staff which can lead to the company having to make redundancies. When this situation arises, the employer should follow a fair and reasonable process and should consult with all effected employees appropriately.
Providing an employee has been employed continuously for over two years, they may be entitled to a redundancy payment.
The process that an employer must follow depends on the number of employees who are at risk of redundancy. Many employers get this stage of the process wrong and by doing so, it may mean that an employee is unfairly chosen and thereby giving rise to a claim for unfair dismissal (subject to their length of service and circumstances).
Should the employer fail to consult correctly, select an unfair "pool" of staff or place someone at risk whose job continues to exist, then they may be exposing the company to a claim for unfair dismissal.
The effect of the TUPE regulations means that employees' terms and conditions are preserved when a business or undertaking or part of one is transferred to a new employer. Similarly where activity is ceased to be carried out by one person or organisation and undertaken by another (known as a Service Provision Change), TUPE is likely to take effect protecting the employment rights of the employees affected by the transfer.
If you feel you have been dismissed unfairly as part of a redundancy process or that your employer has not complied with the TUPE Regulations then call our Employment Team today.
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