David Taylor Employment Solicitor


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David Taylor Employment Solicitor

  2. 2. D AVID T AYLOR E MPLOYMENT LAWYER <ul><li>  </li></ul><ul><li>Employment law is the law governing the relationship of employer and employee and would include such matters as whether a person is employed or self-employed, whether a person had been dismissed unfairly of wrongfully, whether a person can claim paid holidays, time off for child care etc. It also governs questions such as whether an employee of a firm or organisation purchased or taken over by another firm has rights against the new employer. In addition the law has developed a comprehensive system of rules to prevent discrimination against a person on a number of grounds including their race, sex, disability, age, religious belief or sexual orientation . </li></ul>
  3. 3. D AVID T AYLOR E MPLOYMENT LAWYER <ul><li>Employees </li></ul><ul><li>Types of claim </li></ul><ul><li>This is not a comprehensive list but a guide to the types of problems with which we can help: </li></ul><ul><li>Unfair dismissal </li></ul><ul><li>An employer has to show that any dismissal was for one of the 6 permitted reasons: - misconduct - lack of capability - retirement - redundancy - contravention of any enactment - some other substantial reason - and that the method by which they made a decision to dismiss itself was reasonable </li></ul> 
  4. 4. D AVID T AYLOR E MPLOYMENT LAWYER <ul><li>Wrongful dismissal </li></ul><ul><li>An employee is entitled to their contractual or statutory notice period. The statutory notice is a minimum of one week after 4 weeks service going up to 2 weeks after 2 years and increasing at one week for every years service, to a maximum of 12 weeks. </li></ul><ul><li>Discrimination </li></ul><ul><li>The law prevents discrimination against employees in either a direct or indirect way or by way of victimisation. This is a complex area and employees should seek advice as soon as possible. </li></ul>
  5. 5. D AVID T AYLOR E MPLOYMENT LAWYER <ul><li>Working Time Regulations </li></ul><ul><li>There are now maximum periods of time that most employees can be asked to work and also rules governing rest periods. The law has also set minimum periods of paid holiday that have to be given </li></ul><ul><li>Minimum Wage </li></ul><ul><li>The government has now set down minimum hourly wage rates that are reviewed every year. </li></ul>
  6. 6. D AVID T AYLOR E MPLOYMENT LAWYER <ul><li>Work Related Stress or Bullying at Work </li></ul><ul><li>There is a developing area of law allowing employees to claim for the personal injury which they suffer as a result of stress associated with their work. The employee needs to take advice on this point at an early stage . </li></ul><ul><li>  </li></ul>
  7. 7. Employment Tribunal Procedure For the overwhelming majority of claims in employment law there is a time limit of 3 months in which to complain to an Employment Tribunal. For dismissal it is 3 months from the last day of employment. For discrimination claims it is 3 months from the last act of discrimination. These time limits are strictly adhered to by the Tribunal and therefore it is vital that advice is obtained at an early stage. A form called an ET1 is submitted to the Tribunal by the employee and a reply called an ET3 is then submitted by the employer. The Tribunal will then normally set a date for a final hearing. There is little delay in the system and in London you would usually have a hearing within 3 months of submitting the original claim. There are normally no costs awarded at a hearing unless the Tribunal believes that a party is acting unreasonably or if the case is considered misconceived i.e. has no realistic prospect of success. David Taylor Employment lawyer
  8. 8. D AVID T AYLOR E MPLOYMENT LAWYER <ul><li>What will it cost me? </li></ul><ul><li>If we believe that you have a winnable case then we will offer you what is known as a contingency agreement. This is a no win, no fee type of agreement. The terms of the agreement will be that we are paid out of any damages awarded by the Tribunal or negotiated with the other side. You may be insured. Check your household or motor insurance. </li></ul><ul><li>Compromise Agreements </li></ul><ul><li>These are contracts between employers and employees bringing the contract of employment to and end by mutual agreement. The employer should have the advice of an independent lawyer on the content of the agreement before signing it and thereby making it binding. Most agreements will have a provision that the employer will pay a contribution to the employee’s legal costs in obtaining this advice </li></ul>
  9. 9. D AVID T AYLOR E MPLOYMENT LAWYER <ul><li>Employers Contentious work </li></ul><ul><li>We can represent employers in all the matters listed above. </li></ul><ul><li>Non-contentious work </li></ul><ul><li>In addition we can help with drafting of contracts, disciplinary procedures, staff handbooks etc </li></ul>
  10. 10. D AVID T AYLOR E MPLOYMENT LAWYER <ul><li>What will it cost me? </li></ul><ul><li>We can negotiate fixed fees for both contentious and non-contentious work. Mediation David Taylor is an accredited mediator and can provide mediation services in employment problems. This can be extremely valuable where a claim from an employee is made whilst still in employment and both sides wish to maintain the working relationship. In addition we provide representation for parties in the mediation process . </li></ul><ul><li>  </li></ul>