Private Clients: Employment
Persons responsible for this department: Michael Creamore and Jennifer Ison.
Engagement
All employees have a contract of employment. If your employer has not given you a written contact, the law considers that an oral contract has been agreed and certain employment rights have been recognised. The contract of employment is deemed to exist even if the employer has not written down or presented the terms of that contract to you. If your employer refuses to give you a written contract, we can explain your employer’s obligations and tell you what you should do next.
Sometimes contracts are tailored to specific individuals or particular circumstances. In these cases, we always recommend that you should go through it with a solicitor. You may have to consider how your performance is measured, bonuses, share options, restrictive covenants, termination procedures and special provisions that you may require included. The complexity of a contract of employment is usually reflected in the seniority of the employee’s position.
In work
If you are being treated unfairly in your work, we can help. We can also advise on such issues as discrimination, harassment and disability, and problems arising from a take-over, revised contract terms or winding up. We can explain your contract to you and advise about the increasing number of implied terms under UK and EU law. If you are in dispute with your employer, we can advise you how best to present your case or we can represent you at the tribunal.
If you believe your work is damaging your health or you work in a dangerous situation, contact us as soon as you can.
Termination
If your employment has been terminated unfairly, we can guide you through the negotiation and, if necessary litigation, advising on redundancy, severance terms and grievance procedures. We will make sure you understand any special terms placed on your departure and that you are treated fairly and receive all the compensation due to you. If necessary, we will pursue your claim through the Employment Tribunal.
If you are leaving employment to set up your own business or move to a rival, then we can provide sound, practical advice to help ensure you start your new venture without any restrictions that may limit its potential.
