General Employment Law Support
From recruitment to retirement; managing workplace disputes and absenteeism; conducting disciplinary hearings and dismissing staff are likely to be daily occurences.
What happens when employers suspect misconduct by a member of staff? How should allegations be investigated, and subsequently framed. What are the requirments for conducting a fair disciplinary hearing? Are disciplinary findings well thought out based upon the evidence?
Recruitment advertisements need to be non-discriminatory, so too must job application forms and other employee screening tools. In conducting both immigration and DBS checks employers need to understand what evidence is required in order to establish a right to work in the UK, and how spent convictions operate as this all forms part of the recruitment mix. At interview stage managers need an awareness of their interviewing techniques so as to avoid discriminatory questions, sterotyping and innuendo.
In what circumstances should employers make job offers subject to certain conditions such as the receipt of satisfactory references, the right to work in the UK and the provision of medical reports?
What are the “must have” clauses of a contract of employment and, by the same token, what other provisions are better left for a staff handbook? In what circumstances can an employer change contracts of employment, and what happens if some employees will not agree to any changes?
Are restrictive covenants really necessary – if so, what company activities need to be protected and for how long? How does one draft a restrictive covenant which has a reasonable chance of being enforceable?
How does one manage the employee who is persistently having bouts of short-term sick absence; or the individual returning from a long-term illness and claiming they are disabled? What are “reasonable adjustments” and how far does one have to go in order to satisfy any statutory duty in respect of accomodating a disabled employee?
Then there are the more routine matters – understanding the rights and obligations of maternity, paternity and other types of statutory leave. These rights are all enshrined in detailed and sometimes quite pithy regulations.
Sometimes the right approach may be straightforward. More likely, however, there will be a range of options, each one having different consequences.