Category Archives: employment law

Defending Employment Tribunal Claims


Defending Employment Tribunal Claims

We often advise on complex and high value employment disputes, and robustly defend claims against our clients.

We have an excellent track-record of success in defending employment tribunal claims and we have substantial experience of defending complex and sensitive claims. Our team can help prepare your ET3, and grounds of resistance; but they are often called upon to advise at an earlier stage – as part of a disciplinary or grievance procedure – to advise on potential litigation risk.

We seek to resolve disputes by the most appropriate method whether via litigation in the employment tribunal or employment appeal tribunal; or via negotiation, ACAS conciliation or mediation.

We can advise on all employment related claims in the employment tribunal and employment appeal tribunal; including:

  • Complex and sensitive discrimination claims
  • Unfair dismissal – including automatically unfair dismissal – claims
  • TUPE related dismissal claims
  • Wrongful dismissal claims
  • Unlawful deductions from wages claims
  • Whistleblowing claims
  • Equal pay claims
  • Breach of contract

“Philip and I worked closely together on a complex employment law matter over several weeks. I found his diligence and attention to detail exceptional. His ability to structure and present the relevant information to successfully progress the case was a highly regarded achievement and led to a successful outcome. I thoroughly recommend Philip”. HR Director.

“Philip is a superb employment lawyer. I was extremely impressed with the manner in which he simultaneously displayed both empathy and professionalism. His attention to detail and thorough preparation resulted in a very successful outcome in an extremely contentious Employment Tribunal proceeding.” Senior Partner of an America Law Firm based in central London.

 

We look forward to working with you

 

Contact details:

Philip Henson, Partner and Head of Employment Law

Email: p.henson@dklm.co.uk

Telephone: 020 7549 7872

 

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Terminating Employment for businesses


Terminating Employment for businesses

Our specialist employment team acts for a range of employers including SME’s, start-ups, entrepreneurs, LLP’s, global companies and professional services firms. We are fortunate to work with many high growth companies that we have supported at all stages of their growth and development.

  • We advise on best practice when dismissing an employee, including senior executives
  • Analyse the legal issues and explain the risks of any litigation and set out a strategy to meet your goals and desired objectives
  • Prepare correspondence which sets out your position robustly and succinctly
  • Help you with any negotiations with the employee; their solicitors, or ACAS
  • Prepare the settlement agreement that you will need if you reach agreement
  • Review litigation risk with business owners, or directors

Our employment partner, Philip Henson, is known for being supportive, commercial, pro-active and straight talking.

“Philip is a superb employment lawyer. I was extremely impressed with the manner in which he simultaneously displayed both empathy and professionalism. His attention to detail and thorough preparation resulted in a very successful outcome in an extremely contentious Employment Tribunal proceeding.” Senior Partner of an America Law Firm based in central London.

We look forward to working with you.

Contact details:

Philip Henson, Partner and Head of Employment Law

Email: p.henson@dklm.co.uk

Telephone: 020 7549 7872

 

 

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Bringing a claim in the employment tribunal


Bringing a claim in the employment tribunal

We often advise employees and senior executives on complex and high value employment disputes.

We have an excellent track-record of success in bringing employment tribunal claims and we have substantial experience of complex and sensitive claims. Our team can help prepare your ET1, and grounds of complaint; but they are often called upon to advise at an earlier stage – as part of a disciplinary procedure, grievance procedure, performance management process, or redundancy consultation procedure – to advise on strategy and tactics.

We seek to resolve disputes by the most appropriate method whether via litigation in the employment tribunal or employment appeal tribunal; or via negotiation with your employer and/or their solicitors, ACAS conciliation or mediation.

We can advise on all employment related claims in the employment tribunal and employment appeal tribunal; including:

  • Complex and sensitive discrimination claims
  • Unfair dismissal – including automatically unfair dismissal – claims
  • TUPE related dismissal claims
  • Wrongful dismissal claims
  • Unlawful deductions from wages claims
  • Whistleblowing claims
  • Equal pay claims
  • Breach of contract

“At a time when it was important to have someone in my corner, Philip was really great at working through the issues and coming up with practical solutions. His knowledge of Employment law was first-rate and I found his judgment and negotiation skills to both be of the highest order”. Former director of FTSE 100 company.

“I have worked with Philip on a number of employment-law cases and have always appreciated his attention to detail, his thorough understanding of the issues and his incisiveness. He seems, at times, to have inexhaustible reserves of energy and drive. In my view, Philip is an excellent lawyer who is not only reassuringly practical but who also has a comprehensive and detailed knowledge of employment law”. Elliot Gold, Barrister, Sergeant’s Inn

We look forward to working with you.

Contact details:

Philip Henson, Partner and Head of Employment Law

Email: p.henson@dklm.co.uk

Telephone: 020 7549 7872

 

 

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Employment contract review service


Employment contract review service

Our specialist employment lawyers are often asked to review contracts of employment or service agreements for employees and senior executives when they have been offered a new role.

Our team will explain the key provisions of the employment contract or service agreement to you, answer any questions that you have and highlight any contractual provisions which cause concern.

We can also assist with the negotiation of the terms of your contract, whether by advising you in the background and drafting correspondence for you to send to your new employer, or by writing to your new employer directly and suggesting amendments.

We can also review your existing contract of employment or service agreement to establish if there is any litigation risk with you accepting a positon with a new employer. For example, if your offer of employment is from a competitor of your current employer, or if you are subject to any restrictive covenants.

“At a time when it was important to have someone in my corner, Philip was really great at working through the issues and coming up with practical solutions. His knowledge of Employment law was first-rate and I found his judgment and negotiation skills to both be of the highest order”. Former director of FTSE 100 company.

We look forward to working with you

 

Contact details:

Philip Henson, Partner and Head of Employment Law

Email: p.henson@dklm.co.uk

Telephone: 020 7549 7872

 

 

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Pregnancy or maternity related discrimination


Pregnancy or maternity related discrimination

Our employment team provide a specialist service representing women who have suffered pregnancy related discrimination, maternity related discrimination or sex discrimination.

We understand that our clients need a high level of support in what can be a challenging, and stressful period of their professional lives. We have considerable experience in achieving excellent results for our clients, many of whom have executive roles in the City of London, or FTSE 250 companies. This is one of the busiest areas of our practice, as we receive a high volume of personal recommendations and referrals from our existing clients and professional contacts.

Our Head of Employment Law, Philip Henson, recently assisted a team providing submissions to the Women and Equalities Committee’s inquiry on ensuring strong equalities legislation after Brexit.

“At a time when it was important to have someone in my corner, Philip was really great at working through the issues and coming up with practical solutions. His knowledge of Employment law was first-rate and I found his judgment and negotiation skills to both be of the highest order”. Former director of FTSE 100 company.

“I have recommended Philip to a number of my clients. They always speak very favourably of him. Philip is an expert in his field; he gives sound advice, is measured, but if necessary will take a robust position in litigation and defend and protect his client no matter what.

Philip is a rare breed of lawyer – good company and personable, as well as being skilled at what he does”. Lisa Pepper, Partner, Osbornes Solicitors LLP.

We look forward to working with you.

 

Contact details:

Philip Henson, Partner and Head of Employment Law

Email: p.henson@dklm.co.uk

Telephone: 020 7549 7872

 

 

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Settlement agreement advice for senior executives


Settlement agreement advice for senior executives

If your employer has provided you with a settlement agreement (formerly known as compromise agreements) you will need independent legal advice.

Our specialist employment team has considerable experience of providing confidential independent legal advice to employees whether you are a manager at an SME, a city worker, or an executive at a FTSE 250 company.

We offer a quick and efficient settlement agreement advice service.

Quick guide to settlement agreements (formerly known as compromise agreements)

What is a settlement agreement?

A settlement agreement is a contract, regulated by statute, between an employer and an employee (or ex-employee) to settle a claims or a potential claims and/or to prevent the employee from instituting or continuing with employment proceedings in the employment tribunal (and other jurisdictions, such as the civil courts).

Why have I been asked to sign a settlement agreement?

It is increasingly common for employers to want all employees – regardless of seniority – to enter into a settlement agreement. Your employer will offer a financial sum to you in return for an effective waiver of all claims (these are often listed in a separate annex) against your employer (and often group companies and names individuals) arising out of your employment and its termination.

Settlement agreements are commonly provided to employees where the employer wishes to avoid the publicity and costs of litigation attached to terminating an individual’s employment.

Why do I need independent legal advice?

For a settlement agreement to be valid and legally binding, it must meet the following criteria:

  • It must be in writing,
  • It must relate to a particular complaint or particular proceedings and
  • the employee must have received legal advice from a relevant independent adviser on the terms and effect of the proposed agreement; and its effect on the employee’s ability to pursue any rights before at an employment tribunal.

What does an independent legal adviser do?

As your independent legal adviser, our employment partner will advise on the terms and effect of the settlement agreement, and in particular, its effect on your ability to bring a claim in the employment tribunal under the relevant legislation.

We can help you to negotiate the terms of your settlement agreement

If instructed to do so, we can also help you to negotiate the terms of the settlement agreement drawing on over 12 years of experience.

What if we cannot agree terms of the settlement agreement?

If there is a dispute and the parties are not able to resolve the matter amicably then we can advise you as to the merits and likely quantum of a claim,

How much does it cost to take advice on a settlement agreement?

Most employers will make a contribution towards your legal costs for taking advice on the settlement agreement.

Our client care letter will set out details of our charge rates, and the likely costs of the initial stages. We will advise you on the likely costs, and where appropriate in any negotiations, ask your employer to increase any contribution.

What can employees do to make the process quicker?

To make the process quicker, it would be helpful if you could put together a bundle of the following documents:

  • The settlement agreement (in a Word file format if possible)
  • Copies of any relevant correspondence (including emails) that you have received from your employer about the settlement agreement
  • Your contract of employment
  • Relevant company policies or procedures – these are often included in a staff handbook.
  • Details of any benefits/share schemes.

Your employment history

We also need to know some details about your employment history including:

  1. Your start date and the reasons for any breaks in the contract (to calculate statutory period of continuous employment)
  2. Your date of birth (so as to calculate any statutory entitlements)
  3. Details of disciplinary records and/or performance appraisals
  4. Details of any grievances, formal or informal, (if applicable)
  5. Your home address

Administrative steps for new clients

We set out below a list of the initial administrative steps that we need to carry out for all new clients:

  1. Conflict check: We need to carry out a conflict check to ensure that there would not be a conflict of interest in representing you.
  2. Client care letter: We need to send you a client care letter, and our terms and conditions of business. This will set out details of our charge rates, and the likely costs of the initial stages. You will need to sign this and return it to us, along with any requested monies on account.
  3. ID Check: We will need to take copies of your passport or a photo driving licence, and also a recent utility bill or a bank statement sent to your home address.

“At a time when it was important to have someone in my corner, Phillip was really great at working through the issues and coming up with practical solutions. His knowledge of Employment law was first-rate and I found his judgment and negotiation skills to both be of the highest order”. Former director of FTSE 100 company.

We look forward to working with you

 

Contact details:

Philip Henson, Partner and Head of Employment Law

Email: p.henson@dklm.co.uk

Telephone: 020 7549 7872

 

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MP’s are calling for ‘substantial’ reduction in Employment Tribunal fees (House of Commons Select Committee)


The House of Commons Select Committee has published its second report into Tribunal fees. The full report can be found here: http://www.publications.parliament.uk/pa/cm201617/cmselect/cmjust/167/16702.htm

Terms of reference

In relation to court and tribunal fees, the l terms of reference of the inquiry asked:

  • How have the increased court fees and the introduction of employment tribunal fees affected access to justice? How have they affected the volume and quality of cases brought?
  • How has the court fees regime affected the competitiveness of the legal services market in England and Wales, particularly in an international context?
  • How will the increases to courts and tribunals fees announced in Cm. 9123, “Court and Tribunal Fees”, published on 22 July 2015, and the further proposals for introducing or increasing fees included for consultation in Cm. 9123, affect access to justice?

The Committee Recommended:

That the Government publish forthwith the factual information which they have collated as part of their post-implementation review of employment tribunal fees. 

  • the overall quantum of fees charged for bringing cases to employment tribunals should be substantially reduced;
  • the binary Type A/type B distinction should be replaced: acceptable alternatives could be by a single fee; by a three-tier fee structure, as suggested by the Senior President of Tribunals; or by a level of fee set as a proportion of the amount claimed, with the fee waived if the amount claimed is below a determined level;
  • disposable capital and monthly income thresholds for fee remission should be increased, and no more than one fee remission application should be required, covering both the issue fee and the prospective hearing fee and with the threshold for exemption calculated on the assumption that both fees will be paid;
  • further special consideration should be given to the position of women alleging maternity or pregnancy discrimination, for whom, at the least, the time limit of three months for bringing a claim should be reviewed.

For employment law advice, please contact Philip Henson – Partner and Head of Employment Law at DKLM LLP. http://www.dklm.co.uk/site/people/profile/p.henson

 

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