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Employment law and HR
The landscape of employment law is ever-changing. We help clients to navigate this rapidly evolving area of law by offering employment law advice cost-effectively, providing accurate legal advice, support and guidance tailored to your specific needs.
Our employment lawyers work with employers and employees across England and Wales and regularly deal with clients from London, Birmingham, and Midlands to advise and resolve employment law issues.
People are a significant asset within any business, and, like any asset, they need to be supported and managed effectively and efficiently.
Our employment law solicitors work with employers across a wide variety of industry sectors to help avoid and manage issues and protect and defend your business should the need arise.
Our expertise
Latest employment law advice
Employment law is a changeable field. Any employment law breach, inadvertent or otherwise, can be draining on your business, both financially and operationally, given the management time often required to rectify these issues.
Our expertise and knowledge ensure that you are up to date with the latest legislation by reviewing or creating your essential staffing contracts, staff handbook, policies and procedures and providing tailored employment law advice where needed.
With the law regularly changing and new employment cases being decided daily, we produce a monthly e-bulletin which will keep you updated with any significant changes or milestone decisions. You can sign up to receive our e-bulletin here.
Managing performance
Performance can be one of the most challenging aspects of managing people, and it shouldn't just be left until the annual employee review. The challenges you face when you're dealing with an individual’s performance or ill-health can put a strain on your business, so it is crucial to have plans in place from the outset.
Performance and capability policies are designed to improve the standard of performance and ensure that standards are consistent across your business. These policies can be a great tool in your armoury when dealing with performance issues as they offer a benchmark to work to.
Performance issues due to sickness or short-term absences can be far trickier to deal with. It's advisable to have a clear absence management policy, which is applied across your business and is accessible to all employees.
"Friendly team who take time to understand us and how we work."
Grievances
Conflicts in the workplace will happen. Employees will encounter problems, concerns and issues that they feel need resolving. Some of these can be resolved informally, and if necessary by following a grievance policy that has been designed specifically for your business. However, if things escalate, it's important to seek an early resolution to try and avoid any disruption to your business, and the costs and stress of having to involve the Employment Tribunal.
The ACAS Code of Practice sets out the requirements for dealing with grievances. All employers are required to act fairly and in a reasonable manner when dealing with grievance issues.
By having a clearly defined grievance procedure, it will be clear to all employees the process you will go through to address their concerns. As with all policies, your grievance policy and procedure should be reviewed periodically to ensure that they remain compliant,are updated in line with any changes made to employment law and continue to suit the needs of your business.
Our advice on managing grievances is tailored to you and is specifically designed to achieve a resolution quickly to minimise the time and risks to you and your business. We can provide you with an external HR consultant to assist with these processes and chair and necessary grievance meetings if required, we are also happy to provide your management team with tailored training on how to manage grievances.
Restrictive covenants in employment contracts
Employment contracts often contain clauses restricting an individual’s working activity when they leave a business. These clauses, known as ‘post termination restrictive covenants’, typically restrict the ex-staff member’s ability to work in competing businesses, to deal with clients, to try to win business from them, or to poach other staff members.
From an employer’s perspective, restrictive covenants are an obvious way of protecting its interests after the loss of a key employee. By the same token, employees will not want their freedom to work elsewhere or to deal with business contacts curtailed. Given these competing interests, it is not surprising that, as several court cases have shown, enforcing restrictive covenants is rarely straightforward so careful drafting is crucial. To succeed, a restrictive covenant has to be very specific, proportionate to the employee’s status, reasonable in its demands, and the employee must agree to the terms.
We have considerable experience in advising on restrictive covenants, having drafted clauses for all levels of employment contracts.
Mediation
Taking a claim to a tribunal can be costly, time-consuming, and emotionally draining. Courts and tribunals have long encouraged the (voluntary) use of mediation as a confidential method of settling disputes in a more conciliatory, less confrontational way, which is why it is most effective when used by parties who are actively seeking an agreement.
Mediators themselves are independent, professionally trained individuals, many of whom are lawyers, who help both parties to see the wood for the trees. Mediators do not offer an opinion on the dispute; they are there to facilitate an agreement. They are able to put a positive interpretation on proceedings to help both parties reach an agreement that works for both sides. Wright Hassall has a number of trained mediators.
Both sides to an employment dispute often find the use of mediation to be a constructive method of resolving the argument. It is cost-effective and should produce a better outcome providing both parties fully commit to the process. If you would like to find out more about mediation and whether it is the right route for you, get in touch with us.
"Tina Chander was outstanding & totally got my situation & could totally understand how difficult the case was from a very personal point of view. If I was to describe Tina in a team sport this is definitely someone you would want on your side"
Restructuring and redundancy
Businesses restructure for many reasons, to downsize, to cut costs or to concentrate on other product lines and markets. In many cases, this involves making some employees’ roles redundant to avoid the business going into administration.
It is essential as an employer to ensure this process is carried out fairly and legally. For example, if you're making up to 99 employees redundant, you need to start the consultation process at least 30 days before the first redundancy takes place. For over 100 employees, this changes to 45 days.
You should always seek legal advice from a qualified employment lawyer on this process, including the option to request voluntary redundancy and to understand whether TUPE applies. Seeking advice will ensure that the risk of any employment tribunal claims is minimised. If you require any advice in relation to proposed redundancies then please do not hesitate to contact any of the member of our employment team who would be happy to discuss this with you.
TUPE
TUPE (“Transfer of Undertakings (Protection of Employment) Regulations 2006”) can be a complex area of employment law, and one that most employers overlook. However, it is crucial that employers are aware of their obligation and liabilities under this complex, but frequently engaged piece of legislation.
There are several scenarios where TUPE applies, for example, when a business or part of it, is sold to a new employer. TUPE is designed to protect the original rights and terms and conditions of the employees before and after the sale.
Our lawyers specialise in TUPE work, supporting the TUPE aspects of the transactional work undertaken by the commercial, corporate and social housing teams. We have advised both purchasers and vendors in company acquisitions, sales and outsourcing transactions and the team is particularly experienced in advising registered providers on the TUPE implications of LSVTs.
Tribunal claims
Defending employment tribunal claims is a stressful and time-consuming period. Our employment solicitors are experienced in dealing with any employment disputes and are able to guide you through the tribunal process from start to finish, gather evidence, and provide you with practical steps on how to progress matters.
The most frequent disputes in an employment scenario are unfair dismissal and constructive dismissal, redundancy, discrimination and bullying.
Before submitting a claim, all employees have to follow the ACAS Early Conciliation (“EC”) process. This gives both you and your employee a chance to resolve the dispute without the need to go to the employment tribunal. Our employment lawyers have a wealth of experience in handling the ACAS EC process, and would be happy to provide you with any assistance you may require.
If the ACAS EC process is unsuccessful, and the employee does proceed with a claim, it is advised that you seek legal advice quickly. You have to respond to the employee’s claim within 28 days and it is vital that you do not miss this deadline and that the defence you submit is fit for purpose.
We can assist you in responding to the claim by assisting you to complete the ET3 response form including the specific particulars of your defence, ensuring all the details and facts are captured. We can also assist in gathering and preparing witness statements and evidence to support your defence.
We work with a wide variety of clients, ranging from SMEs and start-ups through to global organisations and public sector bodies. In the event that an employee does submit a claim against your business, we are well placed to guide, advise and assist you seamlessly through the tribunal process.
We have defended a wide range of cases on behalf of both corporates and senior directors involving an extensive range of issues such as whistleblowing, unfair dismissal, discrimination on the grounds of religious belief, age, race, sex and disability as well as TUPE dismissals.
Disciplinary issues
Disciplinary issues involving employees are never something that should be taken lightly. ACAS set out clear guidance on following a reasonable procedure when considering disciplining an employee.
It’s wise to have a disciplinary policy and procedure in place as part of your overall people management toolkit. Your policy should set out the exact steps to be followed should a disciplinary situation arise.
However, with or without a policy, you still have to abide by the four-stage process so that, no matter what the outcome, you can demonstrate you have followed a fair procedure. This process includes; conducting an investigation, informing the employee of the allegations against them, having a formal meeting with them to allow them to respond, and giving them the right to appeal against any outcome.
It is essential to deal with cases requiring disciplinary action as soon as they arise to avoid the situation spiralling and to protect your business, it is also part of a fair procedure to deal with issues promptly. Knowing the right steps to take can save you time, and mean you avoid a claim being brought against your business. If you require advice or support in respect of a potential disciplinary issue, the our employment lawyers are on hand to help and guide you through the process.
Settlement agreements
A settlement agreement is used to bring a contract of employment to an end without the risk of the employee bringing a claim in the employment tribunal against you; you offer them a “sweetener” in the form of compensation and they agree not to pursue the business in respect of any potential claims they may have. Settlement agreements are usually comprehensive, well-drafted documents that list out all the possible claims to indemnify the business against them.
Our employment law solicitors can work with you to negotiate the terms of the settlement agreement, the amount offered as part of the agreement and ensure details such as post-termination restrictions are covered to protect you from ex-employees taking current and future business or key personnel from you. If you are considering offering an employee a settlement agreement our employment law solicitors can guide you through the process and can draft the agreements for you to issue.
Why choose our employment lawyers?
We know you want prompt, reliable and accurate employment law advice – we go above and beyond by adding a friendly face and consistent contact to guide you through whatever issue or process you’re facing. You’re not just another client; you’re an advocate.
Our team of employment lawyers offer bespoke advice tailored to your unique situation. The team is recognised in the Legal 500 for their outstanding knowledge and service delivery.
"The team at Wright Hassall offers an exceptional legal service. They make you feel valued, supported and equipped to deal with complex situations with legal implications. It’s a gold standard service’"
Redundancy
TUPE
Unfair dismissal
Constructive dismissal
Gross misconduct
Settlement agreements
Flexible working
Employment law and HR training
We have developed a comprehensive training programme for companies so they can equip their managers with the skills and knowledge they need to run and develop their teams or departments. We can develop bespoke training to suit your needs, covering an extensive range of topics, including the following:
- An introduction to employment law for managers.
- An introduction to HR processes and procedures.
- Recruitment and selection: how to pick the “right” candidate;
- Termination of employment: an overview.
- How to manage stress in the workplace.
- Managing absence: holidays, family friendly leave and long-term sickness.
- Conducting effective disciplinary investigations and hearings.
- Conducting an effective grievance process.
- Flexible vs hybrid working: what are the differences?
- Homeworking: practical considerations for employers.
- Banter v Discrimination in the workplace.
- Discrimination in the workplace: the impact of the Equality Act 2010.
- Bullying and harassment in the workplace.
- Sexual harassment in the workplace.
- Redundancy: how to conduct an effective and legal process.
- Protected Conversations/Without Prejudice discussions and Settlement Agreements: what are they and when can they be used?
- How to manage underperforming employees.
- Conduct vs capability: which process should you use?
- Worker, employee or self-employed: how to determine employment status.
- What do the Working Time Regulations mean for your business?
- Employer and employee obligations post termination.
We believe the maximum benefit of these training sessions or interactive workshops can be achieved by delivering them face to face. However, we are happy to discuss delivering this training remotely if this is more suitable for your organisation.
These sessions can be held as a half day, from £1,400 + VAT (plus VAT charged at 20%), or a full day with from £2,500 (plus VAT charged at 20%), depending on the number of attendees.
We are also able to offer our training programmes in a more informal and flexible way via our Lunch and Learn sessions, from £600 (plus VAT charged at 20%), where attendees will receive a session of approximately 90 minutes for a small group (up to 8 employees) as well as a light lunch.
If you would like more information on what we can offer, or to organise training sessions, please contact us for more information.
When I found myself being bullied out of my workplace, there was one organisation in Warwickshire I called first - Wright Hassall. While managing the complexity of my corporate mistreatment, WH and Mali Smith provided the expertise and guidance I needed to navigate every stage. I was delighted with the outcome of my process as WH secured a significant pay-out, negotiating a final amount that exceeded my expectations. I would recommend WH and use them again in the future.
Pricing transparency
Employment tribunal
Quality assured: Wright Hassall is Lexcel accredited, the Law Society’s legal practice quality mark for practice management and client care.
The cost of running a tribunal depends on the complexity of the case: *complex cases involving a range of claims, multiple witnesses and extended documentation will, inevitably, cost more than routine or straightforward cases that concern one single claim, fewer witnesses and less documentation.
What is involved in taking a case to tribunal?
Representing an employer: An employer defending a claim from an employee for unfair dismissal or discrimination will have to invest more time and money than the employee, even if the case is straightforward. This is because more people are involved (in the investigation and hearing stages) and an employer will have more contractual documentation to be reviewed. Employers also need to remember when defending a discrimination claim that, if the tribunal finds against them, compensation payments are uncapped.
Representing an employee: An employee bringing a case for unfair dismissal or discrimination is likely to have less contractual paperwork to sift through and there are usually fewer witnesses involved (for instance those carrying out the investigation will appear on behalf of the employer, not the employee). Therefore, the overall cost may be lower than that for an employer; nonetheless the complexity of the issues involved will determine the final cost.
The example fees set out below cover all of the work in relation to the following key stages of the claim:
- Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change)
- Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached
- Preparing claim or response
- Reviewing and advising on claim or response from other party
- Exploring settlement and negotiating settlement throughout the process
- Preparing or considering a schedule of loss
- Preparing for (and arranging representation at) a Preliminary Hearing
- Exchanging documents with the other party and agreeing a bundle of documents
- Taking witness statements, drafting statements and agreeing their content with witnesses
- Preparing bundle of documents
- Reviewing and advising on the other party’s witness statements
- Agreeing a list of issues, a chronology and/or cast list
- Preparation and attendance at Final Hearing, including instructions to Counsel
The details
The indicative prices outlined below are based on a tribunal case being run with a combination of junior and senior lawyers whose time will be apportioned depending on the complexity of the case.
The key differentiator between a ‘straightforward’, ‘medium complexity’ or ‘high ‘complexity’ tribunal case is where there are an increased number of claims being raised or defended, for example an unfair dismissal case would be considered as high complexity where there are additional allegations of discrimination and whistleblowing. Where there are additional and more complex claims to consider, additional time is required to consider each of the claims, which is reflected in the increased fees.
In all instances, the work undertaken for each case is summarised in the bullet points captured above. Our service would include all necessary steps to prepare the employer to defend their tribunal case, or the employee to bring their claim to tribunal. The indicative prices do not include costs payable to a third party, such as a barrister.
*Complex cases
The complexity of a case depends:
- on the number of witnesses and documents involved;
- issues around a claimant’s disability;
- allegations of discrimination;
- whether the case is constructive unfair dismissal or unfair dismissal;
- claims linked to whistle-blowing; unlawful deduction of wages, and wrongful dismissal;
- whether an application has to be amended or additional information about an existing claim is required; and
- making or defending a costs application.
Indicative fee scale
NB: the costs outlined below are based on our hourly rates (which vary according to the seniority of the lawyer involved) and the price range reflects the complexity of a case and apply to both employees and employers.
| Average range of prices (plus VAT charged at 20%) |
| From | To | |
| Straightforward case | £8,000 | £12,500 |
| Above range is based on our hourly rates: £185 - £325 (plus VAT charged at 20%) | ||
| Medium complexity case | £10,000 | £17,500 |
| Above range is based on our hourly rates: £185 - £325 (plus VAT charged at 20%) | ||
| High complexity case | £15,000 | £30,000 |
| Above range is based on our hourly rates: £185 - £325 (plus VAT charged at 20%) |
|
The above prices exclude costs payable to a third party, such as a barrister. The disbursements payable will be the use of counsel (barrister) to attend the tribunal. Barristers’ rates vary according to their year of call. During any matter, we will liaise with Chambers on your behalf in order to secure a range of fee estimates for Barristers’ whose experience would match the complexity of the case, for you to decide who to instruct. |
|
Timescales On average it takes approximately 12 months from lodging a claim to the tribunal hearing but this timing is wholly dependent on the directions set by the Tribunal and the hearing date. The tribunal will list the hearing and cases can be listed for 1 – 5 days (or more) depending on the number of witnesses and complexity of the claim before it. |
| Preliminary Review of case | Price (plus VAT charged at 20%) |
|
Initial conversation to discuss the scope of a claim (including review of any claim form or response) It is likely that other documentation will need to be reviewed prior to such a call, and we can provide a quote for such a review based on the volume of documentation relevant to the matter. |
£350-500 |
You can find out more about the status of your claim, and what constitutes fair process, by checking the Acas Code of Practice on the Acas website.
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