Transfer of Undertakings and Protection of Employees

When a business changes hands or the assets of a business change hands this, in almost all cases, includes the employees. This is even the case where the business was owner managed with few members of staff. The TUPE provisions are important to both the outgoing business owner and the new owner as they are both responsible to ensure that the correct procedures are followed. What many employers don't realise is that the staff transferring on a business sale retain their terms and conditions of employment and attempts to vary these on acquisition of the business or failure to follow... Read more

Reorganisation and Redundancy

Whether changes simply need to be made in your business structure or difficulties need to be addressed, at some point many employers will need to consider the potential for redundancy or reorganisation. Employment law is such that in circumstances where employment contracts need to be varied, hours shortened, roles adjusted or staff dismissed, for example, the employer is under a strict duty to act fairly and consistently. The failure to follow a proper procedure can result in an unfair dismissal and a greater financial impact on the employer in defending and/or settling such a... Read more

Discipline and Grievance

The ACAS Code for Discipline and Grievance of 2009 was adopted as the legal framework for all disciplinary action and grievance resolution to be followed by employers and employees. Failure to follow the Code and follow through a proper and fair procedure can result in an unfair dismissal and Tribunal action. We can assist and guide you through the Code and create a framework for the procedure to be adopted should you need to discipline an employee or address a grievance. ... Read more

Employment Contracts

Although there is no legal obligation to have a written employment contract, every employee is entitled to a written statement of specific terms such as their start date, remuneration, intervals of pay, hours of work, job title etc and this must be provided within a fixed time after the commencement of their employment. Whether or not in writing, a contract of employment of some sort will exist where there is an employer / employee relationship. Some terms will be set out in the written statement referred to earlier and some will be implied by law but the remainder is open to dispute.... Read more

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