When employment disputes arise, setting out the issues and engaging in an early dialogue can avoid the need for the involvement of the Tribunal.
Employment claims must now be referred to ACAS before a claim can be issued at the Tribunal so there is a greater emphasis on reaching a commercial compromise early on. Given that legal costs in Tribunal claims are generally irrecoverable, it is in the interests of both parties to reach a deal.
Employment disputes can be avoided or their impact minimised if the appropriate documentation is in place and the correct procedures are followed.
Settlement of an employment claim should be recorded in a compromise agreement. The agreement compromises an employee’s right to bring or continue a claim in the employment tribunal.
Settlement agreements are very often used when a package is agreed between an employer and employee for the employee to leave. Tribunal claims can be lengthy and costly so it is in the interests of both the employer and employee to reach an early settlement if possible rather than litigating.
The terms of the compromise agreement depend upon the role of the employee and what potential claims he may bring.
We assist both employers and employees with drafting and advice on the terms of compromise agreements.
Employees must be provided with information about their employment terms. A contract of employment helps both the employee and the employer understand what their responsibilities and entitlements are.
With well drafted contracts of employment and clear policies in place, it can be easier to resolve disputes and problems when they arise.
Not only should a contract of employment cover the relationship during the employment but consideration should be given as to what restrictions may be in place after the employment ends, such as restrictive covenants. Restrictive covenants may limit what an employee can do once he has left employment, such as contacting clients or staff of the employer.
Having a staff handbook in place can assist with disciplinary and grievance issues. When available, it also helps employees understand the procedures involved, in particular if they have grievance to bring.
We can review your existing documents, advise on the appropriate changes and prepare any amended documents. Please get in touch if you require our assistance.
