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Employment & HR

In the world of employment law things never stand still – nor do we. Constantly changing legislation requires a dynamic approach – we stay informed to keep you informed.

Every business is unique, so our employment law specialists get under the skin of your organisation to ensure our advice best suits your needs.

In matters ranging from contracts to redundancy, staff handbooks to disciplinary procedures, it’s essential to receive legal advice you not only trust, but understand – and can implement.

Napthens’ pragmatic approach offers you jargon-free, legal expertise combined with commercial awareness. So we can help you avoid the pitfalls that can cause serious disruption to your business.

Contact a member of our employment law team today for advice including:


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I am proposing to close one of the company’s sites. What should I do?
If you are proposing to make 20 or more employees redundant you must follow a procedure known as 'collective consultation'. The number of proposed redundancies will determine the time frame of the consultation. You must also submit a HR1 form with the insolvency service. As with any redundancy process a fair and reasonable procedure must be followed.

I have an employee who is ‘bad mouthing’ the company, what can I do?
You may have grounds to discipline or dismiss if the employee is bringing the company into disrepute. You must carry out a thorough investigation as part of the disciplinary procedure in accordance with the ACAS Code to decide on the appropriate action. You may also consider whether the company could bring any other action against the employee in relation to defamation.

I have just discovered that an employee has been stealing from the company. What can I do?
You may have grounds to dismiss for Gross Misconduct and if you wish to pursue that you should follow a fair and reasonable disciplinary procedure. You should consider the ACAS Code of Practice if you do not have your own up to date policy.

My company is in financial difficulty and there is not enough work for my employees. However, there is some hope that we may seal a large contract soon. What can I do in the interim?
Employers have no statutory right to lay off employees or place them on short-time working without their express consent, unless you have a right in the contract of employment to do so. Any employee who is laid off or kept on short-time working may be entitled to a statutory redundancy payment. If the poor financial situation continues the business may consider a re-organisation or at worst insolvency proceedings if appropriate.

My employee has suddenly resigned and I suspect he has taken client contact details and the designs of our product. What can I do?
Look at your employee’s Contract of Employment to check if there are confidentiality provisions or post-termination restrictions in the contract that can be enforced. There may also be Intellectual Property clauses which state that all work the employee has created remains the property of the employer. In the absence of any Contract, there are still some implied terms of confidentiality that all employees are bound by.

Our Fixed Fee Services

We provide a range of fixed fee services for employers. The list below outlines the documentation that we can provide on a fixed fee basis. Please contact a member of the team to discuss your requirements, and we can begin drafting your documents to suit your particular business needs.

A Basic Contract of Employment

Why is it important? A contract of employment governs a relationship between you as the employer and the employees. An employee is entitled to receive a contract of employment after 3 months employment. It’s important that any employee’s terms are clearly defined so that you, as the employer, can manage the employee properly.
What do we provide? We will provide you with a basic contract of employment for your employees. One of our lawyers will contact you for a discussion first, to understand the terms you require within the contract. We don’t just provide you with a template contract but will tailor to meet your requirements.
Fixed fee: £450 plus VAT

Staff Handbook

Why is it important? Organisations by their nature have many rules and procedures. Employees need to understand your business’s rules so that they can comply with them. And it is important that if an employee does not comply, then the employer can take action if necessary. It is therefore crucial for a business to set out in writing the expectations it has of its employees and protects itself by having a written document setting out its internal policies and procedures.
What do we provide? We will provide you with a complete staff handbook which will include all your policies and procedures. We will contact you prior to drafting the staff handbook in order to assess your requirements and will make suggestions as to policies and procedures you may wish to implement. We won’t provide a template staff handbook – the handbook will be drafted to meet your specific requirements.
Fixed fee: £1500 plus VAT

Director’s Service Agreement

Why is it important? Senior individuals within a business generally have greater responsibility and therefore have access to sensitive and confidential information. A director’s service agreement can protect a company by ensuring that senior individuals have a clear understanding of what information remains confidential or the property of the business. You may also need restrictive covenants which protect the business if senior individuals leave the business. Also, senior employees generally have complicated financial packages and a service agreement is an ideal way to deal with those.
What will we provide you with? We will provide you with a complete director’s service agreement. We will initially contact you to discuss your requirements and then tailor the service agreement to meet your needs. We will make suggestions for appropriate clauses within the service agreement depending upon the size and nature of your business and the individual concerned.
Fixed Fee: £1000 plus VAT

Disciplinary & Grievance Procedures

Why are they important? Every employer should have a disciplinary and grievance procedure. The procedure sets out what conduct is expected of an individual as well as the procedures for dealing with issues of misconduct and capability. It is important that employees are aware of the sanction which may be attached to certain aspects of misconduct and of course, having a disciplinary procedure makes it easier for the employer to discipline. A clear, concise grievance procedure informs employees how they may make formal complaints to the company and sets out a system where matters can be resolved efficiently.
What will we provide you with? We will contact you to discuss your requirements, make suggestions as to what disciplinary and grievance procedures might operate effectively within your business and then draft a disciplinary procedure to meet your needs.
Fixed fee: £350 plus VAT

Equal Opportunities Procedure

Why is it important? The Equality Act 2010 harmonised discrimination law and introduced new types of discrimination. It is important that employees and employers are aware of the law on discrimination and an equal opportunities procedure and policy is an ideal way to communicate that. A properly drafted and implemented policy can also act as a defence for an employer in a discrimination claim.
What will we provide you with? We will contact you to discuss your requirements, make suggestions as to the issues that should be dealt with within your equal opportunities procedure, and will then draft a procedure for your consideration.
Fixed fee: £350 plus VAT

Internet & Email Policy

Why is it important? Employers need to make clear to employees what is inappropriate and should not be viewed on the internet whilst at work, and also what they should be using their e-mail for. It is important that employers are given the right to monitor internet and email use – without a policy that becomes very difficult.
What will we provide you with? We will contact you to discuss your requirements and then draft a policy taking into account the needs of your business. We won’t just provide a template policy, we’ll provide a policy tailored for your specific needs.
Fixed fee: £200 plus VAT

Tribunal Case Appraisal

We understand that defending an Employment Tribunal claim can potentially be expensive for businesses. We will therefore provide you with a written opinion on the merits of your defence. We will:

  • Appraise your case
  • Consider the likely risk of successfully defending a claim
  • Provide a detailed opinion on the areas of strengths and weaknesses of your defence
  • Highlight potential losses and costs involved with defending the claim
  • Set out any appropriate strategy for the future running of the case

Our advice will be set out in writing in plain English.
Fixed fee: £750 plus VAT

In-House Training

Napthens offer be-spoke, in-house HR workshops that provide practical HR and employment law training tailored to your business. Workshops can be provided on a wide range of topics, please take a look at our in-house training page for further information or contact a member of the team.
Fixed fee: £500 plus VAT for a ½ day course or £950 plus VAT for a full day course*
(* Costs based on 20 or less attendees)

Employer Protection Scheme

Please see our HR³ page for details of our employer protection service.

 

  • Amie Harrison
    Employment & HR
  • Anthony Fox
    Employment & HR
  • Charlotte Nuttall
    Employment & HR
  • Chris Boyle
    Head of Employment & HR
  • Chris King
    Employment & HR
  • Claire Haworth
    Employment & HR
  • Julie Duane
    Employment & HR
  • Kate Shawcross
    Employment & HR
  • Katy Parkinson
    Employment & HR
  • Kimberley Barrett-St. Vall
    Employment & HR
  • Nicola Mason
    HR
  • Oliver McCann
    Employment & HR
  • Roxanne Buckley
    Employment & HR
  • Sarah Collier
    Employment & HR
  • Stephen Betts
    Tax Specialist
  • Stuart Lowery
    Employment & HR
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