Employment Department

Employment law is perhaps the most dynamic area of legal practice. It is also a very complex area of law for both employers and employees. At John Henderson & Sons LLP we will guide you through all aspects of your rights and responsibilities in this area.

Whether you are running a business or at risk of losing your job this can be very stressful. We are able to offer clear, concise and practical advice to clients facing these difficult situations.

It is essential that all employers have in place adequate and accurate policies in relation to all areas of employment law affecting your staff. We can assist in preparing contracts of employment and all policy documentation relating to disciplinary and grievance procedures, maternity and parental leave entitlements, holiday rights etc which you will need to protect your interests. We can also provide detailed advice on how to deal with grievance and disciplinary issues in the workplace so as to minimise your exposure to Employment Tribunal proceedings being brought against you. In the event that you do ultimately face such claims then we can offer experienced representation before the Employment Tribunal and Employment Appeal Tribunal.

For our employee clients an awareness of your rights and the strict time limits within which they can be exercised is critical. We can offer advice and representation to allow you to protect your position at work and to secure the compensation you are entitled to. Legal Aid may be available to you subject to your financial circumstances.

We can deal with all types of potential employment claims and provide you with representation and advice. The most common claims which arise are as follows:-

Unfair or Constructive Dismissal

Where you have been dismissed unfairly or forced to resign by the actions of your employer you are entitled to recover compensation for loss of wages and of your statutory employment rights. All such claims must be commenced within a strict 3 month time limit.

Discrimination Claims

The Equality Act 2010 now sets out 9 protected grounds on which discrimination is prohibited on either a direct or indirect basis. Such claims are complex and we can offer clear advice to protect your interests and recover compensation for loss of wages and any injury to feelings which you may have suffered.

Compromise Agreements

Where employer and employee agree a financial package to bring employment to an end a Compromise Agreement can be signed to provide for payment to be made (often free of tax deductions) so that no Tribunal claim can then be taken. We can offer independent advice on the terms of such agreements. Legal fees will usually be met by the employer as a condition of the agreement being signed.