Employment Law Advice

Running a business today requires employers to take all precautions to avoid being on the receiving end of an Employment Tribunal claim. The onus on Employers to move with the times when more and more complex Employment legislation is being introduced into previously untouched areas has never been greater. The recent outlawing of discrimination in the workplace on the grounds of age in recruitment, promotion and retirement is an example as is the new Equality Bill which included the following:

• Liability of employers for harassment by third parties of employees on the grounds of sex, gender reassignment, race, disability, sexual orientation, religion or belief and age. If an employer knows that harassment of an employee by a third party is taking place the employer must intervene to stop it.

• Secrecy clauses preventing people from discussing their pay will be banned and outlawed. Employees who discuss their pay must not be victimised for doing so.

• Employees who associate with someone of a particular sex or are wrongly perceived as being of a particular sex must not be harassed. For example a man denied promotion because his reference is written by a woman who is assumed to be less credible than male managers would be able to claim discrimination because of association with a woman. A young man who applies for a job but is not considered because the employer mistakes his name for that of a woman and the employer does not want a young woman working for him in case they became pregnant would be able to claim.

• If Employers wish to contract with a public body, such as a Local Authority, to provide goods and services they may be denied from doing so if they have a poor employment record on Discrimination and Equality. This means that if Employers have a record of previous discrimination claims being upheld against them they may suffer the consequences of not being awarded a contract by a public body.

At Silver Shemmings we understand:

• The challenges faced by employers in dealing with the tide of regulation and the onset of the "compensation culture".

• It is important for employers not to make mistakes in picking through the red tape as these can be costly both in terms of compensation and the glare of publicity engendered by an Employment Tribunal claim.

• Employers need to have robust procedures in place to ensure they avoid insurmountable claims that they have acted unfairly.

• Employers need to be advised of the merits of a defence at an early stage and to be advised through the twists and turns of Employment Litigation.

• Employers need to act quickly and decisively in ensuring they are perceived as having acted reasonably by an Employment Tribunal.

Silver Shemmings can use their experience and knowledge to provide assistance in defence of all types of claim for Unfair Dismissal, Redundancy dismissals, unlawful Discrimination and Equal Pay claims. We can advise on settlement negotiations through ACAS or directly with the claimant’s representative. We can advise on all aspects and range of Employment tribunal claims including defence of all forms of discrimination claims, unfair dismissal and redundancy.

We can also assist with advising you on your employment contracts, interim procedures, handbook, grievance and disciplinary procedures to ensure they are compliant with current legislation.

Should you require arbitral procedures drafted, assistance in bringing or defending a claim in arbitration or the services of an Arbitrator then please contact any of the following experts in the field of ADR and particularly arbitration:

For more information and initial advice please contact us on:

Sarah Shemmings or Richard Silver

Tel.:     0845 345 1244
Email:  office@shemmingsllp.co.uk

Robert Shawyer – Cardiff

Tel.:     02920 474 570
Email:  cardiff@shemmingsllp.co.uk

Don’t forget that you can also make initial contact through our free helpline 08455 1 92 92 1