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 Employment contract solicitors

Employment contract solicitors

Our specialist employment law team can advise on all aspects of employment contracts including breach of contract, contract disputes, contract reviews and restrictive covenants.

Overview

Contract law solicitors

Under the law, an employer is obliged to provide you with a written statement setting out the main terms of employment within eight weeks of employment commencing. If a business is found not to have issued an employment contract, then it can be fined between 2-4 weeks’ pay in the event that a dispute goes to an Employment Tribunal.

The employment contract will state the many benefits to which you are entitled, which may include; pay, overtime, sick pay and annual leave allowance. The contract will often provide information on company procedures such as what is to happen if you are sick and how much notice you needs to give to end employment. Businesses can insert a number of clauses into a contract in order to protect their interest, including terms to prevent employees from setting up in competition or even such mundane matters as providing a mechanism for reclaiming accidental over-payments.

THE TEAM

FAQS

Common questions about employment contracts

What happens in a breach of contract dispute?

Answer

A breach of contract occurs where one of the terms in a contract is broken, for example an employer does not pay agreed wages. If the problem cannot be solved informally or through mediation, you may have the right to take legal action.

This may see the case go to a civil court or an employment tribunal. An employer can also make a counterclaim to any legal action. It is very important to get legal advice beforehand as there will be cost involved.

Our expert team of employment solicitors can help guide you through what will be involved in relation to your particular dispute and the best course of action for you to take.

Should I have a lawyer review my employment contract?

Answer

Your contract of employment is an important document and it is crucial that it delivers what you expected from your employer.

If you are in any doubt about anything contained within your contract, or a new contract you are being offered, you should have it reviewed by a specialist employment lawyer.

This is particularly important if you are going to be carrying out a senior role in a business or organisation, or if your contract has complex financial elements.

What is a restrictive covenant?

Answer

Restrictive covenants are common place in many contracts of employment. They operate to provide a degree of security and comfort to employers in situations whereby an employee ceases to be employed (whether that is by virtue of the employee giving notice and leaving, or whether the employee has been dismissed by the employer).

In brief, the prohibitions that restrictive covenants set out include, for example, restricting a former employee from working for a direct competitor, or to setting up a competing business in a certain geographical area relative to the original employer.

What factors constitute unfairly dismissed cases?

Answer

Unfairly dismissed cases involve a multitude of factors that contravene employment laws and impact the rights of employees. Employment law solicitors  assess the circumstances surrounding dismissals to determine their fairness and legality.

Factors such as breach of contract, wrongful dismissal, or an employer’s failure to adhere to legal requirements and procedures can contribute to a case being deemed unfair.

What is a settlement agreement?

Answer

A settlement agreement, handled by settlement agreement solicitors, is a legally binding contract designed to resolve employment disputes or terminations. Commonly referred to as a compromise agreement, it addresses financial settlements, legal fees, and potential claims. It’s essential to seek legal advice to fully understand the terms of the settlement agreement, typically provided by a law firm with a specialist employment team.

The negotiation process involves direct discussions or a telephone conference. To ensure fairness, individuals seek independent legal advice from a settlement agreement solicitor, safeguarding their interests and achieving the best deal.

What happens in an employment tribunal?

Answer

An employment tribunal is a structured process designed to resolve workplace disputes. Initiated by the claimant, it involves stages such as claim filing, response, a potential preliminary hearing, document and witness statement exchange, and the main tribunal hearing.

Legal representation can aid in presenting a compelling case. The tribunal issues a written judgement, detailing findings, and any awarded remedies, such as compensation or reinstatement.

Testimonials

“I have dealt with Harper Macleod for over ten years and have nothing but respect and admiration for the firm. I also use them for my own personal legal matters as I have total confidence in their professionalism and in the quality of their staff and advice.”

– HM client

“Bruce Caldow has extensive experience in this area of law, and is well regarded within the profession. He is an effective and resourceful negotiator who sees through legal difficulties to find the best solutions for his clients.”

– The Legal 500 2023

“Lorna Davis is a dedicated professional who gives 110% to her clients. She is tenacious and fearless in litigation and never takes the easy options unless they are the best ones. She is intelligent, hardworking and a good team player and enjoys excellent relations with her extensive client base.”

– The Legal 500 2023

“Lorna Davis provides a clear and concise advice, whilst fully understanding the commercial implications.”

– Chambers UK 2023

“Scott Milligan is a very knowledgeable partner who will provide very impactful advice that is reasonable in understanding the business stance and highlights risk in any employment law issue.”

– The Legal 500 2023

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CONTACT US

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Get in touch

Call us for free on 0330 159 5555 or complete our online form below to submit your enquiry or arrange a call back.

Speak to us today on 0330 159 5555

Get in touch

CONTACT US

Get in touch

Call us for free on 0330 159 5555 or complete our online form below to submit your enquiry or arrange a call back.