Employment Law and HR Support for Businesses

An employee handbook outlines workplace policies, expectations, and standards, creating a structured environment and establishing clear guidelines for employees. UK law requires employers to have specific policies in place, including those related to equality, disciplinary action, and health and safety. Our solicitors assist in developing tailored employment policies and handbooks that meet all legal requirements:

• Equal Opportunities and Anti-Discrimination Policies: UK businesses are required by the Equality Act 2010 to ensure fairness and prevent discrimination. An effective anti-discrimination policy promotes inclusivity and helps protect the business from discrimination claims.
• Disciplinary and Grievance Procedures: A clear disciplinary policy sets out steps for managing employee misconduct, ensuring fair treatment. Grievance procedures provide employees with a clear process for raising concerns. Both are essential for maintaining an orderly workplace and ensuring legal compliance.
• Health and Safety Policies: The Health and Safety at Work Act 1974 mandates that employers provide a safe working environment. Health and safety policies outline how the business will protect employees, providing a safer workplace and reducing the risk of accidents and liabilities.
• Flexible Working and Remote Working Policies: With flexible working increasingly common, having a formal policy in place helps manage requests and set expectations for remote work arrangements, ensuring productivity and compliance with employment laws.

Our solicitors create tailored employment policies and handbooks that align with your business goals while ensuring full compliance with UK employment law.

Understanding and respecting employee rights is fundamental to maintaining a fair and compliant workplace. From recruitment to termination, employees are entitled to various protections under UK law, including rights related to pay, leave, and unfair dismissal. When disputes arise, it’s crucial to handle them professionally and in accordance with the law. We offer expert guidance on:

• Statutory Employment Rights: Employees have the right to fair treatment in areas such as wages, working hours, and leave. We help businesses navigate statutory requirements, including minimum wage, paid leave, and working hours limits, ensuring compliance.
• Handling Employment Tribunals: When disputes cannot be resolved internally, they may proceed to employment tribunals. We represent businesses in employment tribunal cases, defending against claims of unfair dismissal, discrimination, or breach of contract.
• Internal Dispute Resolution: Many workplace disputes can be settled internally with the right approach. We offer support in mediating conflicts, including those related to harassment, discrimination, and pay disputes, helping to avoid tribunal proceedings.
• Whistleblowing Procedures: Whistleblowing laws protect employees who report wrongdoing. We advise businesses on establishing whistleblowing procedures that encourage transparency while safeguarding the rights of all involved.

We assist businesses in handling disputes professionally and efficiently, reducing risk and supporting workplace harmony through fair treatment and compliance.

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) are essential when a business is sold or merged, or when services are transferred to a new provider. TUPE protects employees by transferring their contracts to the new employer, but it involves complex obligations and can have significant implications. Our team provides guidance on:

• Identifying a TUPE Transfer: Not all business transactions trigger TUPE regulations, so it’s essential to determine whether TUPE applies. Our team analyses each situation, advising on whether TUPE protections are required and, if so, which employees are affected.
• Consultation and Notification Obligations: Employers must inform and consult employees or their representatives before a TUPE transfer. We help businesses comply with consultation requirements, preparing notifications and facilitating discussions to ensure transparency and compliance.
• Employee Rights Post-Transfer: TUPE protects employees’ terms and conditions of employment, preventing the new employer from changing them immediately. We guide businesses on managing employee rights post-transfer, helping them comply with TUPE while minimising disruption to operations.
• Redundancy and Restructuring Post-TUPE: After a TUPE transfer, businesses sometimes need to make organisational changes or redundancies. We provide advice on restructuring processes to ensure compliance with redundancy regulations and fair treatment of employees.

With our support, businesses can navigate the TUPE process smoothly, respecting employee rights and reducing risks associated with transfers.

In some cases, businesses may need to let go of employees due to financial constraints, reorganisation, or performance issues. Redundancy and termination processes must be handled carefully to ensure compliance with UK law and minimise the risk of disputes. Our solicitors offer expert guidance on managing redundancy and termination processes in a legally sound manner:

• Redundancy Procedures: When redundancy is necessary, employers must follow a fair and objective process. This includes selecting employees based on fair criteria, consulting affected employees, and providing statutory redundancy pay where applicable. We support businesses in planning and implementing fair redundancy processes that comply with UK law.
• Settlement Agreements: In certain cases, it may be beneficial to end the employment relationship through a settlement agreement. This legally binding agreement compensates the employee in exchange for waiving certain rights, such as the right to bring a claim to an employment tribunal. We draft and review settlement agreements to ensure they are fair, enforceable, and protect the business.
• Unfair Dismissal Claims: Wrongful or unfair dismissal claims can be costly and damaging to a business’s reputation. We provide guidance on fair dismissal procedures, helping you manage performance issues or misconduct legally to avoid potential claims.
• Exit Interviews and Post-Termination Restrictions: We assist in conducting exit interviews to gain insights and manage potential risks. Additionally, we draft enforceable post-termination restrictions, such as non-compete clauses, to protect your business interests.

Handling redundancies and terminations lawfully and sensitively helps protect your business from costly disputes and reputational damage.

A proactive approach to HR not only ensures legal compliance but also supports employee wellbeing and productivity. Our HR consultancy services provide businesses with expert advice and ongoing support in managing HR matters, ensuring a compliant and efficient work environment:

• Performance Management: Effective performance management supports employee development and helps identify issues before they escalate. We offer guidance on establishing clear objectives, conducting performance reviews, and managing underperformance.
• Workplace Investigations: When allegations of misconduct arise, a thorough and impartial investigation is essential. We conduct or support internal investigations, ensuring a fair and comprehensive approach that complies with employment law.
• Employee Wellbeing and Mental Health: Employee wellbeing is increasingly recognised as crucial to productivity and retention. We provide advice on implementing wellbeing policies, including those addressing mental health and work-life balance.
• Diversity and Inclusion Initiatives: A diverse and inclusive workplace promotes innovation and fairness. We assist businesses in developing diversity and inclusion policies, training programmes, and initiatives to create a positive and supportive work environment.

With our HR consultancy services, businesses can ensure that their HR practices are legally compliant, aligned with best practices, and supportive of both employee wellbeing and business goals.

Managing employees in compliance with UK employment law is essential to protect your business and foster a productive workplace. From establishing clear policies and handling disputes to managing redundancies and providing ongoing HR support, Godwin Austen Solicitors offers expert assistance in all aspects of employment law and HR. Our services help ensure that your business operates lawfully, supports employee satisfaction, and mitigates potential risks, empowering you to focus on growth and success. With our expertise, you can confidently manage your workforce and build a positive, legally compliant workplace culture.