Employment Law Services for Businesses

Employment Law Services for Businesses

At Kerseys we assist businesses on a wide range of employment law matters.

We use our expertise and experience to ensure that we provide a high quality and cost-effective employment law service to all of our clients.

Employment Law Services

Below are a breakdown of the specific areas that we deal with as well as the various matters that we can assist you with.

Restructures, Redundancies, and Business Transfers

We can devise, advise on, and implement restructures and redundancy programmes for you. These will allow you to ensure that your business has the right resources going forward. This can include putting in place a fair selection process and a proper consultation process that will ensure you don’t unfairly dismiss any of your employees or discriminate against them.

We can prepare a timeline for you, draft letters to individuals and any collective body, prepare selection criteria, assess any selection you make, prepare crib sheets and scripts for the consultation meetings and deal with any appeals.

If you are selling part or all of your business or buying another business, we can advise you on what you need to do as well as preparing all the necessary documentation, undertaking due diligence and ensuring that you comply with the very specific legal requirements in such a situation.

Managing your Employees

We can help you with any disciplinary or grievance that you may have.

We can offer as much or as little help as you need. Whether you just want to have a quick chat with us about the matter, want our helpful crib sheets and scripts, or you want us to run the whole process for you, we can provide the assistance that you want and need.

We can also help you manage any employee who is off work on sick leave. We will help you to use a strategy and put processes in place that help you reduce the impact of an employee’s sickness on your business.

Our support will make any process as stress free as it can be, whilst also ensuring that you minimise any exposure to a legal claim.

Employees Leaving

In the event that your relationship with an employee can no longer continue, we can assist you with managing that employee’s exit. This can include arranging an exit interview, preparing a termination letter and advising on, negotiating, preparing and completing a settlement agreement if it is appropriate.

Human Resources

We help employers with day-to-day HR issues such as:

  • recruitment
  • managing sickness
  • handling of grievances
  • disciplinary matters
  • larger projects such as restructures

Employment Disputes

We act for businesses in contentious employment matters. We are experts at resolving disputes and we are committed to working out the most cost-efficient way of resolving issues for you by:

  • negotiation
  • arbitration
  • mediation
  • litigation
  • combination of these methods

Role as an Employer

Kerseys can help you with the process of managing your legal obligations to your employees, from recruitment through to your responsibilities when employees leave. We can guide you through the following areas:

  • Recruiting employees
  • Offer Letters & Employment Contracts
  • Creating a Staff Handbook
  • Managing your employees
  • Restructures, redundancies and business transfers
  • Employees leaving your business
  • Litigation and settlement

Recruiting Employees

We can help you prepare job descriptions and interview questions. This will not only help you attract the ‘right’ employee, but we will also help you avoid the pitfalls of recruitment such as discriminating against a candidate.

We can also help you with your legal obligation of checking a candidate’s legal right to work in the UK.

Offer Letters & Employment Contracts

Once you’ve chosen your new employee, we can prepare and issue an offer letter for you.

We can also draft a contract of employment, which will clearly set out the contractual relationship between you and your employees and ensure that your business is protected if the employee decides to leave.

Staff Handbook

If you haven’t already got a staff handbook, then we can prepare one for you. A handbook will allow you to set out the policies and procedures that you will use to manage your business and employees. It will also let your employees know what is expected of them and how you operate your business.

If you already have a handbook, we can review and update it for you so that it takes account of any changes in the law or best practice.

Litigation and Settlement

We offer a full Employment Tribunal service. We can assist you with preparing your response to a claim (ET3), undertaking disclosure of documents to the other side, preparing documents such as witness statements and representing you at any hearings.

What our employment lawyers can offer you

Our wide-ranging services cover everything from HR consulting to litigation. Your services will be ‘joined up’, with everyone fully aware of your issues and opportunities. This ensures that your options and outcomes are not only fully compliant but will be guided by best practice and will provide excellent value for money – we guarantee we will always offer you the most cost-effective solutions.

Many of the employers we advise choose to work with us on a retainer basis. You can choose between three retainer packaged options, click here to view our HR Services and Retainer Options.

At the start of the retainer period, we offer a free initial health check of your existing employment contract and HR policies. We support you in every way by not only offering advice but also by being alongside you to ensure implementation. If required we will be on-site, involved and always ready to consult.

View Our HR Services

We provide advice on:

  • recruitment, shortlisting and interviewing
  • employing staff
  • employee engagement
  • employee relations and staff consultation
  • managing performance
  • managing absence
  • disciplinary procedures and processes
  • discrimination
  • talent management
  • succession planning
  • withdrawing employment offer
  • data privacy issues, including Subject Access Requests
  • redundancy, restructure and TUPE Settlement agreements and negotiations

Employment Tribunal claims and county court claims, such as:

  • Pay disputes
  • Unfair dismissal
  • Wrongful dismissal
  • Constructive dismissal
  • Discrimination claims

Contact Us About Employment Law

Request Your Appointment Here

Fill in our online form and a member of our specialist team will arrange a convenient time with you to discuss how we can assist your business.

Online Form here

How much does it cost?

Find out more information about the various pricing options that are available to you on ways to pay for our services by clicking below.

Monthly Retainer Pricing

Employment Law & HR Services FAQs

What is employment law?

It is legislation that governs employer and employee relationships, including trade unions. Many of the laws look to outline and protects UK worker’s rights and employee’s rights. We find the employment rights in the UK in various acts, regulations and laws.

There are 3 main types of employment status under the law:

  • Employee: those who have an employment contract)
  • Worker: those who have a contract for services;
  • Self-employed: owners of a company, freelancers or contractors; Employee rights.

It is essential that, as an employer, you are knowledgeable about employment legislation and laws. There are several acts and laws that protect employees and worker’s wellbeing.

Let’s look at what employment law covers, as well as the reasons for it to exist in the first place.

You have a duty to abide by employment law and it’s important to have a good understanding of their obligations.

Failing to follow these correctly and violating employee rights in the UK could allow staff to bring claims to an employment tribunal.

What does employment law cover?

It covers a wide range of issues relating to the work environment and processes. Here are some examples of what’s covered by employment law—including:

  • Age discrimination
  • Bullying and harassment
  • Disability
  • Discrimination based on race, religion, sexuality or gender
  • Dismissal and employee grievances
  • Employment contracts
  • Equal pay
  • Holiday pay
  • Minimum wage
  • Parental leave
  • Redundancy
  • Working hours

A list of employment laws in the UK

Having a list of key employment legislation in the UK is a great way for you to keep on top of them. There are a core set of acts that embody the main parts of employment law.

By regularly reminding yourself of these laws and your responsibilities as an employer, you are far less likely to break them inadvertently.

Here are the most important pieces of employment law legislation and key information on these laws.

  • Employment Rights Act 1996: An update to older Labour Law, this act covers the rights of employees in situations such as dismissal, unfair dismissal, paternity leave, maternity leave and redundancy.
  • National Minimum Wage Act 1998: This act sets out the NMW for employees and employers across the UK. The government regularly reviews this to keep it in line with inflation, etc.
  • Employment Relations Act 1999: Establishes a number of rights at work for trade union recognition, derecognition, and industrial actions.
  • The Maternity and Parental Leave etc. Regulations 1999: Statutory legislation that governs the rights of employees for time off work for
  • Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000: A UK labour law measure that requires that employers give people on part-time contracts comparable treatment to people on full-time contracts who do the same jobs.
  • Transfer of Undertakings (Protection of Employment) Regulations 2006: Protection of existing employees rights and any employment contracts or promises when a company goes through a business transfer. This is
  • The Equality Act 2010: An act that prevents discrimination in the workplace and the recruitment process. It identifies protected characteristics that cannot be used as a reason for any workplace decisions—unless it is a decision to make suitable arrangements to accommodate them in the workplace.
  • Agency Workers Regulations 2010: Statutory legislation that prevents discrimination of people who work for employment agencies. Treat them equally in pay and working time when compared to full-time counterparts who do the same work.

What are the types of employee rights in the UK

An employee’s rights are determined by their employment status. This can be determined by a few factors:

  • The type of employment
  • Method of payment
  • Who pays your tax

There are 3 main types of employment status under the law:

  • Employee: those who have an employment contract)
  • Worker: those who have a contract for services
  • Self-employed: owners of a company, freelancers or contractors

Employee rights

As an employee, they have rights set out by employment law. These can include:

  • A right to written terms which outline their job rights and responsibilities, as a minimum.
  • The right to sick, holiday and parental leave pay
  • The right to claim redundancy and unfair dismissal after 2 years of service.

Worker’s rights

As a worker, they have rights set out by employment law. They are slightly different to employees but are still protected by many of the same laws. These can include:

  • A right to written terms which outline their job rights and responsibilities.
  • The right to national minimum wage
  • The right to paid holiday
  • Payslips
  • Protection against unlawful discrimination

Rights for the self-employed

Despite the nature of the employment type, those who are self employed are still protected by employment law legislation. It is not as comprehensive as the previous employment statuses, but there are still some that should be taken into account. They are as follows:

  • Protection for their health and safety on a client’s premises
  • Protection against discrimination

What is the main piece of health and safety legislation?

While not directly employment law, health and safety legislation also affects employer and employee relationships. You need to understand your responsibilities towards health and safety in the workplace when navigating employee issues.

The Health and Safety at Work etc Act 1974 is the primary piece of legislation covering occupational health and safety measures in Great Britain. It’s sometimes referred to as HSWA, the HSW Act, the 1974 Act or HASAWA.

These acts place a duty on employers to protect their health, safety and welfare while at work. This applies to all of those on the premises, be that workers, temps or even clients and the general public.

The Health & Safety Executive (HSE) was set up under HASAWA. It enforce these duties and to penalise non-compliance.

What are the 3 basic employment rights for a worker in health and safety?

The various acts and legislation outline that all employees or workers have 3 basic rights when it comes to health and safety in the workplace.

  1. The right to know: Employers must ensure they make their employees or workers aware of the hazards presented by people, equipment, the environment or the processes. And they may receive training and information about dangerous aspects of the workplace.
  2. The right to participate: Employees may be involved in identifying, assessing and controlling health and safety hazards.
  3. The right to refuse unsafe work: It also allows them to refuse work they believe is likely to endanger themselves or others. The act protects workers from reprisal should they refuse.

This shows that, while not strictly employment law, these rights and acts have an effect on employee and employer relationships.

For example, dismissal for refusal to work in an unsafe environment would be unlawful under health and safety rather than employment law.

What is IR35?

IR35 also known as “off-payroll working,” refers to the United Kingdom’s anti-avoidance tax legislation. The purpose of the IR35 regime (and of other regimes involving intermediaries) is to prevent the avoidance or reduction of tax and National insurance contributions (NICs) by employees who are disguised as contractors.

Essentially, IR35 affects all contractors who do not meet HMRC’s definition of ‘self employment’.

What are the off-payroll working rules?

The off-payroll working rules can apply if a worker (sometimes known as a contractor) provides their services through their own limited company or another type of intermediary to the client.

An intermediary will usually be the worker’s own personal service company, but could also be any of the following:

  • a partnership
  • a personal service company
  • an individual

The rules make sure that workers, who would have been an employee if they were providing their services directly to the client, pay broadly the same Income Tax and National Insurance contributions as employees.

The client is the organisation who is or will be receiving the services of a contractor. The client will be responsible for determining if the off-payroll working rules apply. HMRC will be able to levy fines and interest for failure of businesses to comply with IR35. It is therefore, important to ensure that your business is compliant with IR35 in order to avoid backdated demands from HMRC.

Other important legislation

There are also several other pieces of UK legislation that, although not solely related to employment law, contain key employment law information. These are:

  • Bribery Act 2010: Covers the criminal law relating to any act of bribery. It’s a serious issue in any working environment requires vigilance to avoid.
  • Data Protection Act 2018: A national law complementing the General Data Protection Regulation (GDPR) and Data Protection Act 1998. It regulates how your business stores employee and customer information.
  • Working Time Regulations 1998: Generally thought of as health & safety legislation. But it still contains important rules you should follow, particularly the working hours and holidays that staff are entitled to.

What are the costs and services for Unfair or Wrongful Dismissal for Businesses?

You can see the pricing and services for Unfair or Wrongful Dismissal for Businesses here.

What is wrongful dismissal?

It is a dismissal that is done so in breach of contract. For example where an employer dismisses an employee usually for gross misconduct and refuses to pay the employee the notice pay and benefits that the employee would have received had the employer not dismissed the employee for gross misconduct.

Wrongful dismissal claims are also often brought in connection with constructive unfair dismissal claims. This is where the employee resigns with immediate effect in response to the employer’s fundamental breach of the contract of employment. Under such circumstances, the employee has no alternative other than to resign with immediate effect. As such, the employee is prevented from working their notice and receiving the benefits for that period.

What is Unfair Dismissal?

An employee may pursue a claim for unfair dismissal where they have been dismissed by their employer and who, in most cases, has the requisite two years’ qualifying period of service. The qualifying period does not apply in most cases where the dismissal is for an automatically unfair reason such as whistleblowing or the dismissal is linked to discrimination.

There are circumstances in which an employee who meets the qualifying criteria may not be able to pursue a claim, such as for example, where the employee does not have the legal right to work in the UK or they are out of time to bring a claim.

More Information

What is the minimum wage in the UK?

From April 2021, all workers aged 23 and over are legally entitled to at least £8.91 per hour.

  • 21-22 year olds £8.36 per hour.
  • 18-20 year olds £6.56 per hour.
  • 16-17 year olds £4.62 per hour.
  • Apprentices under 19 or in the first year of their apprenticeship £4.30 per hour.

National Minimum Wage 2021

National Minimum Wage

National Minimum Wage Entitlement – ACAS

What is the difference between National Living Wage (NLW) and National Minimum Wage (NMW)?

They are the same thing but the National Living Wage is the title the government has given to the highest tier of the National Minimum Wage for those workers who are 25 and over.

Employment Blogs

Employment Team

Annalie King

Annalie King

Employment Solicitor - Consultant
About Annalie King. Annalie qualified as a solicitor specialising in Employment Law in 2008. She trained and worked initially upon...
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Adrian Chaffey

Adrian Chaffey

Senior Solicitor
About Adrian Chaffey. Adrian joins our growing commercial team from the London office of a major regional firm and brings...
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Kate Barnes

Kate Barnes

Head of Dispute Resolution - Partner Solicitor
About Kate Barnes. Kate is our Head of Dispute Resolution and is an experienced Dispute Resolution solicitor who has been...
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