Employment, Pensions & Incentives
Key Services
Contracts of Employment, Policies and Procedures
The contract of employment plays a key role in each employment relationship. It has become a requirement to issue members of staff with the statutory grievance procedure and statutory discipline and dismissal procedure. Whilst a company's existing procedures can be utilised, it is essential to ensure that these comply with the Regulations, otherwise your organisation could face claims for automatic unfair dismissal and an increase in any compensation awarded of up to 50%.
If you wish to monitor your employees e-mails or internet use to ensure that they are not wasting company time, or highlight that this is unlawful to discriminate against fellow employees in order to avoid potential discrimination complaints, it is important that you have policies in place.
Whether you require a basic written statement of particulars, a service agreement for a senior executive, a 'health check' of your existing employee handbook or new policies/procedures to be drawn up, Harper Macleod can assist.
General Employment Support
Our Employment, Pensions & Incentives Practice Group has extensive experience advising on all aspects of employment law. We believe that prevention is better than cure and as such, have devised our emplyment law retainer scheme. This allows clients unlimited 24 hour telephone advice in order to allow HR practitioners and managers to obtain advice at the earliest possible stage and to attempt to avoid difficult situations becoming employment tribunal applications.
For further information on the Employment Retainer Scheme please contact Karen Loudon on 0141 227 9315
Litigation
The number of employment claims, the awards made and the publicity of these are all on the increase. As a result, if a claim is raised against your organisation, it is essential that you receive specialist advice and representation.
We have extensive experience covering the full spectrum of employment tribunal claims from unlawful deduction from wages through unfair dismissal to discrimination. We have experience at all levels of claims, up to and including the House of Lords and regularly appear in tribunals in Scotland, England and Northern Ireland.
Our employment law team also has expertise in representation in civil court actions in relation to employment law, such as breach of contract and restrictive covenant. We have also been successful in obtaining interim interdicts against industrial action, together with the only award of damages (which we are aware of) against the trade union, in relation to a defective ballot procedure.
Employee Relations
Whether you require guidance and advice to assist you with your relations with trade unions or employee representatives, wish more particular advice in relation to reorganisations or collective redundancies or require advice on compliance with the Information and Consultation of Employees Regulations 2005 we can help.
Business Reorganisations
Most companies will, at some stage, undergo some sort of reorganisation, down-sizing or will be involved in a merger, acquisition or transfer. Whenever such a situation arises, it is essential that you are aware of the obligations on your organisation in relation to consultation and appropriate procedure. Harper Macleod will provide advice on these essential issues, together with guidance on how to ensure minimum disruption to your business.
Disciplinary and Grievance Procedures
Whenever any such issues arise within you business it is essential that you comply with all relevant legislation, codes of practice and case law, in order to ensure that your organisation is not open to the risk of litigation. Harper Macleod can provide invaluable guidance through this minefield, ensuring that you take appropriate steps to properly investigate any issues which arise and thereafter, where appropriate, how to conduct hearings and make decisions.
Data Protection
All employers hold data in relation to their employees and thus fall within the scope of the Data Protection Act 1998.
It is important that employers are aware of, and comply with the terms of the Data Protection Act. Failure to do so could lead to claims for constructive dismissal, complaints to the Information Commission and, ultimately, criminal liability. Harper Macleod can provide you with advice, guidance and/or training on all aspects of the Employment Practices Data Protection Code to help ensure that your organisation is fully compliant.
