The vast majority of employment disputes are resolved well before they get to an employment tribunal, so we’ve compiled some tips on how to avoid getting to the stage where an employee makes a claim to an employment tribunal:
Employment disputes often have their roots in some form of miscommunication. So having good written records and following a fair process are really important:
Many disputes can be resolved informally, and early intervention is particularly helpful. In larger businesses, this is often done by HR departments, but we can help provide informal advice at any point in the process to small business owners on an ad-hoc basis.
For issues where termination of the employment is likely, settlement agreements (or compromise agreements as they used to be known) can be useful if you are able to agree a mutually acceptable set of terms with the employee. This services as a legally binding agreement which prevents the employee from later bringing a claim to an employment tribunal. This is particularly helpful if the employer wants to avoid a protracted process such as a performance review process or a full redundancy process when dealing with a particular situation.
Our specialist employment solicitors can assist at any stage of the process and help small business owners resolve these issues as efficiently as possible. Our accountants are also pretty good at the numbers, so we can help you weigh up the possibilities and make sure the solution makes the most financial sense too.
Rachel has a wealth of experience in corporate and commercial law, having worked in practice and in-house since she qualified in 1993.
Rachel runs our legal team at Accounts and Legal, and specialises in drafting bespoke commercial contracts, shareholder's agreements, loan agreements, commercial leases and share option schemes.
Her colleagues also have specialisms in employment law and intellectual property, and cover the full spectrum of disciplines required by entrepreneurs and small business owners.
So if you have a specific requirement, or think you might benefit form a company health check, please don't hesitate to drop her a line.