Employment

Employment

At a time when there is continually changing legislation, access to expert advice has never been more important.

At E. Rex Makin we understand that dealing with these types of matters can be stressful and time consuming for you. Our expert solicitors will give you the right advice and guide you through the process.

Whether you are an employer or an employee you can be confident that we will do our very best to achieve the result you want.

We are very flexible in our approach to costs and are willing to discuss a range of funding options with you. In some circumstances we can offer to work for you on a fixed price contract or under a No Win No Fee type agreement.  For more information about funding click here.

If you have an employment matter that is not listed here and you would like to discuss it, please call 0151 709 4491 or click here to contact the employment law department.

Unfair Dismissal

We act for either employer or employee in unfair dismissal claims. We advise on the merits of a case and the likely value. We can also support a party involved in a claim, either with full representation or a more targeted bespoke service.

We understand that these types of matters can be stressful and time consuming.  Our experts will guide you through the whole process and you can be confident that they will do their very best to achieve the result you want.

If you require advice or assistance and would like to discuss your requirements with one of our experienced solicitors please call 0151 709 4491 or click here to contact us by email

Redundancy

The statutory definition of “redundancy” encompasses three types of situation:

  • Business closure
  • Workplace closure
  • Reduction of workforce

We offer advice for either employer or employee in redundancy matters. We can advise on the redundancy process and we can also support a party involved in a redundancy claim, either with full representation or a more targeted bespoke service.

We understand that these types of matters can be stressful and time consuming.  Our experts will guide you through the whole process and you can be confident that they will do their very best to achieve the result you want.

If you require advice or assistance and would like to discuss your requirements with one of our experienced solicitors please call 0151 709 4491 or click here to contact us by email.

Discrimination

This occurs when a person is treated less favourably than another because they possess a protected characteristic such as:

The protected characteristics:

  • Sex
  • Race
  • Pregnancy and maternity
  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Religion or belief
  • Sexual orientation

 Types of discrimination

There are various types of discrimination and other unlawful conduct that apply to most (and in some cases all) of the protected characteristics:

  • Direct discrimination
  • Indirect discrimination
  • Harassment
  • Victimisation

We offer advice for either employer or employee in discrimination matters and advise and assist on how to bring or defend a discrimination claim. 

We understand that these types of matters can be stressful and time consuming.  Our experts will guide you through the whole process and you can be confident that they will do their very best to achieve the result you want.

If you require advice or assistance and would like to discuss your requirements with one of our experienced solicitors please telephone 0151 709 4491 or click here to contact us by email.

Harassment and Bullying

Harassment

This is unlawful pursuant to the protection of Harassment Act 1997 which introduced a statutory tort of harassment.  This is defined in Section 1 of the Act which provides :

1. A person must not pursue a course of conduct :

a) Which amounts to harassment of another; and

b) Which he knows or ought to know amount to harassment of the other

Bullying

The employer owes the employee a duty of care to protect them from unacceptable treatment at work. ACAS characterises bullying as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.

Bullying cases can be very difficult to prove and victims are encouraged to keep a diary of events noting down any incident of bullying including exclusion, derogatory remarks, etc, and wherever possible try and collect documentary evidence.

We understand that these types of matters can be stressful and time consuming.  Our experts will guide you through the whole process and you can be confident that they will do their very best to achieve the result you want.

If you require advice or assistance and would like to discuss your requirements with one of our experienced solicitors please call 0151 709 4491 or click here to contact us by email.

Employment Tribunals

We offer advice, assistance and representation in bringing or defending Employment Tribunal claims. The service can be tailored to your needs so for instance a person may simply require advice as to the merits of a case, help in drafting the claim or full representation throughout the entire case.

If you require advice or assistance and would like to discuss your requirements with one of our experienced solicitors please telephone 0151 709 4491 or click here to contact us by email.

TUPE

TUPE applies to a “relevant transfer”, which means either or both of the following:

1) A transfer of a business, undertaking or part of a business or undertaking where there is a transfer of an economic entity that retains its identity (a business transfer).

This involves three elements:

  • an economic entity
  • a transfer of that economic entity
  • the economic entity retaining its identity following the transfer

TUPE introduced three concepts into UK employment law:

  • The automatic transfer principle: employees transfer to the transferee who inherits all rights, liabilities and obligations in relation to them
  • Protection against dismissal in connection with a TUPE transfer
  • The obligation to inform and consult with representatives of the affected employees

We understand that these types of matters can be stressful and time consuming.  Our experts will guide you through the whole process and you can be confident that they will do their very best to achieve the result you want.

If you require advice or assistance and would like to discuss your requirements with one of our experienced solicitors please telephone 0151 709 4491 or click here to contact us by email.

Whistle Blowing

Employers have an interest in uncovering wrongdoing or dangerous practices within the organisation, while also managing what information (if any) is spread to the outside world.

If you are an employer encouraging the reporting of these matters through internal channels may help avoid serious accidents, fraud, regulatory breaches or financial scandals. We can draft and help you to implement procedures to promote this in your work place.

The law protects whistle-blowers whose employer dismisses them or subjects them to detriment on the ground that they have made a protected disclosure. Such cases are not subject to the usual qualifying period of employment for unfair dismissal claims, or the usual statutory cap on unfair dismissal compensation. If you are an employee our experts can guide you through the process after considering the facts that are relevant to your matter.

We understand that these types of matters can be stressful and time consuming.  Our experts will guide you through the whole process and you can be confident that they will do their very best to achieve the result you want.

To discuss your next steps, call 0151 709 4491 or click here to contact us by email.

Employment Contracts and policies

These need to be provided whether you are setting up a new business or you are a business owner faced with the ever changing employment legislation.  We understand that these matters can be complicated and time consuming for you.

By allowing our experts to deal with your employment law obligations you can spend your time increasing the revenue of your own business. You will be confident in the knowledge that our experts will deal with your obligations correctly on your behalf.

We have a great deal of experience and resources to help us to draft any employment related document which we can tailor to your company’s specific needs.

From employment contracts, office policies and disciplinary and grievance procedures, we can draft these documents to ensure ensuring that they comply with current legislation, ACAS guidelines and are legally binding.

If you require advice or assistance and would like to discuss your requirements with one of our experienced solicitors please call 0151 709 4491 or click here to contact us by email.

Employment Disputes for Employers

We offer advice, assistance and representation in bringing or defending Employment Tribunal claims. The service can be tailored to your needs so for instance a person may simply require advice as to the merits of a case, help in drafting the claim/response or full representation.

We are happy to discuss a range of funding options that are suitable to your businesses requirements.

If you would like to talk to us about tribunals on 0151 709 4491 or click here to contact us by email.

Group Compensation Claims

These occur where a number of employees have the same claim, such as for equal pay or recovery of unlawful deductions, e.g. for not being paid (fully) for holidays.

We can offer special rates when dealing with group claim. 

Do you think you may have a claim? Call us 0151 709 4491 or click here to contact us by email.

Holiday Claims

Working Time and Statutory Holdiay Pay

In a landmark decision, the Employment Appeal Tribunal (EAT) has held that non-guaranteed overtime must be taken into account when calculating statutory holiday pay. Payments for overtime that a worker is required to work but which an employer is not required to offer (non-guaranteed overtime) should be regarded as “normal remuneration”. Allowances that are directly linked to a worker’s work and are more than merely expenses must also be included.

However, the EAT significantly limited the extent to which workers can make retrospective claims for underpaid holiday. It held that workers cannot use each shortfall in holiday pay as part of a series of deductions (for the purposes of unlawful deductions claims) where a period of more than three months has elapsed between the deductions.

This decision means that, in the future, employers will be required to include such overtime payments and allowances in statutory holiday pay for the first four weeks’ of annual leave. Employers will need to review their staff’s working arrangements to assess whether they have workers who regularly work non-guaranteed overtime or are paid allowances which are more than simply expenses.

Settlement Agreements

Settlements agreements (formerly known as a compromise agreement) may occur when an employee or worker agrees not to pursue certain statutory employment tribunal claims against an employer. This document is commonly used to record an employee’s terms of departure where they are to receive a termination payment in return for the waiver of all actual and potential statutory (and usually common law) claims against the employer.

We can help with advising, drafting and negotiating settlements between parties, acting for either side.

We understand that these types of matters can be stressful and time consuming.  Our experts will guide you through the whole process and you can be confident that they will do their very best to achieve the result you want.

If you require advice or assistance and would like to discuss your requirements with one of our experienced solicitors please call 0151 709 4491 or click here to contact us by email.