Employment solicitors provide invaluable advice and representation to both employers and employees facing workplace legal issues. Their involvement can make a substantial difference in the resolution of such matters. But when is the right time to contact an employment solicitor in Reading? This article provides insights into scenarios where the expertise of an employment solicitor may be necessary.
How Employment Solicitors Can Help a Startup
Startups, given their nascent stage, often face a plethora of employment-related matters. An employment solicitor can provide guidance on creating employee contracts, setting up policies and procedures, ensuring compliance with employment laws, and advising on hiring and termination practices. Early involvement of a solicitor can help startups avoid potential pitfalls, saving them from expensive litigation down the line.
Change of Contracts
An employment contract serves as a legal basis for the employer-employee relationship. Any changes to its terms should be carefully handled to avoid legal issues. An employment solicitor can guide through this process, ensuring that changes are made in a lawful manner that respects the rights of the employee, while also meeting the needs of the business.
Redundancy
Redundancy can be a complex process, rife with potential legal pitfalls. An employment solicitor can help employers navigate the redundancy process, ensuring it is carried out lawfully and fairly, minimising the risk of costly unfair dismissal claims. For employees, a solicitor can ensure they receive a fair redundancy package and that their rights are upheld during the process.
How Employment Lawyers Can Help Employees
Employment solicitors can help employees in various situations, such as if they believe they’ve been unfairly dismissed, discriminated against, or if they’re dealing with issues such as bullying or harassment in the workplace. Solicitors can provide advice, help negotiate settlements, or represent employees in tribunals. They can also review employment contracts or advise on changes to terms and conditions.
Should I Get a Solicitor for Employment Tribunal?
Engaging a solicitor for an employment tribunal can significantly improve the chance of a successful outcome. While it is possible to represent yourself, the process can be complex and stressful. An experienced employment solicitor can provide expert guidance, prepare your case, and present your claim to the tribunal, ensuring your rights are effectively represented.
Scenarios An Employment Solicitor Is Needed
Discrimination Issues
Employment solicitors are essential when dealing with workplace discrimination issues. Whether it’s discrimination based on race, gender, age, religion, sexual orientation, or disability, a solicitor can guide employees through the process of making a complaint, and if necessary, bringing a case to the employment tribunal. For employers, solicitors can provide advice on how to handle such complaints and avoid discrimination issues in the first place.
Whistleblowing
In cases where an employee needs to report illegal, unethical, or improper conduct (whistleblowing), an employment solicitor can provide advice on the correct procedures, potential repercussions, and the protections available to whistleblowers under the law. They can help ensure the employee is protected from retaliation and navigate any ensuing legal actions.
Non-compete Agreements and Intellectual Property Issues
Employment solicitors can provide invaluable advice for issues related to non-compete clauses and intellectual property (IP). This is particularly relevant when starting a new job or leaving a position where you had access to sensitive business information. Solicitors can clarify the terms of such agreements and advise on the legal implications.
Grievance Procedures
Employment solicitors play a critical role when an employee wishes to raise formal complaints or grievances. They can help draft the grievance, ensuring it clearly outlines the issues, and guide the employee through the subsequent steps. They can also represent the employee at grievance hearings if necessary.
When Should I Contact Acas?
Acas (Advisory, Conciliation and Arbitration Service) is an organisation that provides free and impartial advice on workplace relations and employment law. Contacting Acas is recommended when you need advice on employment rights, rules and best practices, or if you’re involved in an employment dispute. It is also a legal requirement to notify Acas before making a claim to an employment tribunal.
What Sort of Problems Can Acas Deal With?
Acas can handle a wide range of employment issues, including disputes related to pay and contracts, discrimination, redundancy, unfair dismissal, and workplace bullying. They offer advice, provide conciliation services to help resolve disputes without going to a tribunal, and deliver training on a range of workplace issues.
Free Consultation with Your Employment Solicitor
Many employment solicitors offer a free initial consultation. This meeting allows you to discuss your situation, get a sense of your legal standing, and understand potential costs. It’s an opportunity to assess whether you feel comfortable with the solicitor and if their expertise aligns with your needs. It’s recommended to prepare thoroughly for this consultation, bringing all relevant documents and preparing a list of questions.
Understanding when to contact an employment solicitor can help you navigate the complex world of employment law. Whether you’re an employer setting up your business or an employee facing workplace issues, a solicitor can provide crucial advice and representation. An initial consultation, often free, is an excellent first step to understanding your legal needs and rights.
David Philip Harris is a recognised employment solicitor with over 10 years of experience in advising employees and employers on employment law matters. He is a frequent contributor to BBC Radio Berkshire and People Management Magazine. David has represented individual and corporate clients in the employment tribunal as well as the High Court and County Court. David is a member of The Law Society and The Employment Lawyers Association (ELA UK). To contact David, visit the Contact Us page. For media enquiries: info@dphlegal.com.