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Employment Law

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Employment Law

About Tollers' Employment Law Services

Tollers provides clear, unbiased commercial advice regarding all areas of employment law. Ours is a straightforward, practical approach to meeting your specific requirements and business challenges.

We are the experts so you don’t have to be. We are approachable employment law specialists that believe that ‘people buy from people’. As a direct result, we have excellent longstanding relationships with a diverse range of clients. And no matter how large or small their businesses, each gets the same exceptional service from us.

Our Aims & Our Team

We aim to become your “go-to” team of experts for all your employment law needs, we handle everything from drafting handbooks and contracts, to representing clients at Employment Tribunals, for which we have an excellent track record. We pride ourselves on providing employment law advice swiftly and accurately, according to your needs and circumstances. We can help you deal quickly and cost-effectively with difficult employment issues.

Our team are here to guide you through often complex legal processes and procedures, making them more manageable and less daunting and ensuring you maintain focus on the day-to-day running of your business.

Our Aims & Our Team - Tollers SolicitorsTollers also offers to its clients its own HR Package ‘Tollers HR’ which has been designed to help you manage your employees in a cost effective and confident way. To find out more about Tollers HR click here.

Employment Contracts and Contractual Changes

Employment Contracts

A contract is more than just a written or verbal agreement that may be enforceable by law. In business, it’s an opportunity to create a harmonious work environment that encourages maximum productivity. Getting the right balance benefits everyone, and helps avoid misunderstandings between employers and employees, that can lead to disputes.

Our Employment Team’s experience means we can work with you to structure legally compliant documentation, such as contracts, handbooks and policies that establishes and maintains a positive business culture.

Contractual Changes

Contractual changes, such as pay rises or promotion, normally happen by mutual consent and rarely cause any legal or practical problems for employers.

Employment Contracts and Contractual Changes - Tollers Solicitors

Sometimes employers and employees may look to make changes to the contract of employment that are not mutually acceptable, such as reducing hours or pay. Making those changes, requires a proper process and our Employment Law Solicitors can support and help guide you.

Restructuring and Redundancy

Redundancy

Redundancy is an area of law that affects your business if you’re looking to restructure, to make your business more efficient, you’re considering closing down an office and changing location or you need to make staffing cut backs, because you’re overstaffed. Some employers can fall into a trap of using redundancy as an "amicable way" to terminate an employee’s employment. This is a common mistake, as there has to be a genuine redundancy reason before an individual can be made redundant.

 

It is important to carry out a fair and reasonable redundancy process and there are a lot of considerations for employers, such as looking at alternatives to avoid redundancy.

Restructuring and Redundancy - Tollers Solicitors

We can help you to carry out a fair and legal process that will ultimately help you achieve the outcome that you want for your business, without giving you complicated legal advice, but by giving you practical advice that you can follow and always bearing in mind the commercial considerations facing your business.

Employment Tribunal Claims

Disputes can take your focus away from running your business, prompt, professional and straightforward advice from our expert team of employment law solicitors can help you achieve the best results, both in a time and cost-efficient manner.

Tollers have an excellent reputation in employment tribunals, and are here to support you every step of the way. By becoming involved early in a case, we will gain a detailed and intimate knowledge of it and will fully understand the facts and circumstances surrounding the case and can advise you as to the best course of action for your business. 

Employment Tribunal Claims - Tollers Solicitors

If the matter proceeds to a Tribunal, then we pride ourselves in taking our knowledge of the case with us, in order to best represent you at the Tribunal.

Tollers HR

Our Tollers HR package is designed to help you manage the HR side of your business, in a cost effective and confident way. Our solicitors will provide you with a personal and dedicated service. This is the Tollers Difference. The Tollers HR package is made up of the following key elements:

Assured advice

We like to understand your business. Once you’ve signed up to Tollers HR, we like to start our working relationship with a site visit, where our solicitors assess your existing handbooks, contracts and employment procedures and advise and guide you on any outstanding issues you may have.

We can then help you update documentation and procedures in line with the latest legislation. Our employment team are here to help with any HR legal issues that may arise and make sure you identify and rectify any potential problems before they affect your business. And for ongoing support, we provide members’ bulletins, content and contractual updates and early warning on forthcoming changes to help you plan more effectively for the future.

Anytime advice line

As a Tollers HR member, you’ll have a ‘direct to solicitor’ service, so you can speak to our team of experienced employment law solicitors whenever you need to, face to face or on the phone. We’re on hand to provide support and advice on everyday employment issues and general enquiries.

Tribunal indemnity scheme

In partnership with a leading specialist insurance provider, Tollers’ HR tribunal indemnity scheme covers tribunal costs and awards up to £100,000 per case. We do not self-insure which means we can cover all areas of potential claims, including discrimination. Our indemnity scheme is an essential safeguard against the unexpected costs of an employment tribunal and can take away the temptation to settle a case on a commercial basis.

Tribunal service

If you do have a Tribunal Claim, then we are here for you. Disputes can deflect focus away from the day-to-day running of your business, so prompt, professional and ethical advice can be crucial to successful outcomes.

Employment Tribunals involve a specialist legal process that can prove complex, time consuming and costly, but the insurance indemnity covers the cost of going to Tribunal. Under Tollers HR, our solicitors will have an intimate knowledge of the case. We can prepare your case, brief witnesses – on-site if required – and represent your business at tribunal, so that we support you from start to finish.

Health and Safety indemnity

Health and Safety legislation can be time-consuming and place considerable responsibility with business owners and senior managers, especially in light of the Corporate Manslaughter and Corporate Homicide Act 2007. HR Specialists - Tollers SolicitorsShould legal proceedings be brought against you and your organisation, Tollers’ expert solicitors can provide robust legal representation and indemnity against costs.

Discrimination

Sometimes, an employee can make a comment that they think is “banter” or is unjust or misguided. This can be interpreted by some members of staff in a discriminatory manner.

Discrimination on the grounds of sex, race, disability, religion or belief, sexual orientation, age or part-time working status can have lasting negative impacts on your employees and your business and can lead to claims against you in an Employment Tribunal.

We know that you cannot control what your employees say or do, but having steps and procedures in place to prevent discrimination or deal with discrimination in the workplace, can really help you in defending an allegation of discrimination. 

Discrimination Claims - Tollers Solicitors

We can help you provide a clear structure for management of employees that sets a benchmark for what is not socially or legally acceptable discrimination in the workplace.

Disciplinary Processes and Dismissal

Disciplinary Processes

It can often be clear that an employee needs to be disciplined. However, just knowing that and issuing a disciplinary sanction cannot be enough. A disciplinary process must be carried out and it must be done reasonably. This is where employers can inadvertently fall foul of unfair dismissal legislation.

Tribunals have a fixed idea of what constitutes a reasonable process, and will also consider whether or not any disciplinary decisions made are appropriate. Each matter will need considering on its own merits, but will always involve a process which should be set out in your policies and procedures. The disciplinary policy is usually the first port of call for you and the employees being disciplined. However, if you’re unsure if disciplinary action is necessary or appropriate, ask Tollers for expert advice and help. We can also ensure your policies and procedures are up to date.

We are here to guide you through appropriate disciplinary processes step-by-step and ensure those processes are proper and reasonable and that you achieve the right outcome for your business.

Dismissal

It’s important to draw up and implement an effective dismissal process before employing people, rather than in response to a dispute. The way you conduct your business when terminating employment will either be perceived positively by remaining employees, or set an awkward precedent for any future action. Disciplinary Processes and Dismissal - Tollers SolicitorsInvolving Tollers in creating an appropriate dismissal process can ensure minimum business disruption and enhance your reputation as a corporate and socially responsible employer.

Relationship Management and Equal Pay

Relationship Management

In a tight labour market and a buoyant global economy, people have more choice in whom they work for, where they work, and how. So it’s important a business aims to be the employer of choice in its sector and geographic location. Tollers’ experience and expertise can help you achieve this status.

There are many elements to work life, but enjoyment and recognition play a big part and affect individuals and business success and can boost morale. We can give you access to practical and informed advice across all areas of employment relationships to help you grow and nurture them in the way you want.

Employers and employees should also feel they can discuss their expectations clearly and often. This is also critical to a productive and harmonious work environment, and assuming everyone’s happy is not a good strategy. Tollers can provide invaluable advice and guidance on ways you can encourage open and informative discussions about rights and expectations, and avoid misunderstandings and conflict.

Equal Pay

The Equal Pay Act 1970 and the Equality Act 2010 set out that men and women should receive equal pay for equal work. This is becoming more prevalent, with the Government focusing more on equal pay and tribunal’s powers for equal pay audits to be carried out.

Relationship Management and Equal Pay

We are here to help ensure that you carry out a constant review of staff and pay grades, and be able to objectively justify any pay increase given to a person of a different sex to someone carrying out equal work. Failure to do this can give rise to equal pay claims. Tollers’ experience and expertise can help you avoid them.

Absence Management

Employees who are absent on sick leave for long periods of time, can cause disruption to your business. It is important to manage their absence properly and to help them return to working for you sooner where possible. As part of this, you would need to consider making reasonable adjustments to the workplace or the employee’s job to help them return. This will almost always include the need to obtain medical advice. We can help you through this process in a straightforward way, as failing to manage sickness absence appropriately can give rise to claims for disability discrimination.

Sometimes employees have a long period of absence because they have been on maternity, adoption or shared parental leave. When employees are ready to return to work at the end of their leave entitlement, or sooner if they wish, you will need to make sure that you give consideration to certain things, such as enabling them to return to their old job, or a similar one if they have been off for more than 6 months, or flexible working to assist with childcare. This has to be dealt with properly, as failing to do so can sometimes result in claims for sexual discrimination. We can help you handle your employees’ return to work, to minimise the risk of a tribunal claim.

Absence Management - Tollers Solicitors

With this in mind, it’s important to make sure that your policies and procedures are up to date. As employment law solicitors, we know how important managing absence can be and we can guide you through the processes, step-by-step, to help significantly reduce the risk of claims against your business.

Performance Management

Staff are your biggest asset and your biggest overhead. To succeed in your business, it is important that your staff are capable of doing their jobs. Dealing with an employee who is not performing in their job, can be a daunting issue to deal with. Employers can often struggle in addressing poor performance with staff, but it need not be an uncomfortable process.

Performance Management - Tollers Solicitors

Our Employment Law Solicitors can hold your hand through each process and adapt to each specific situation and help you effectively manage your staff so that you can carry on managing your business.

Enforcement of Restrictive Covenants

Protecting your business from an employee who leaves, is something you need to think about even when issuing that employee with a contract at the start of their employment.

Restrictive Covenants are clauses, which can be put into a contract of employment and which can have the effect of preventing an employee, for example, from working in competition or poaching staff and clients from you. These clauses could help to protect your business’ commercial interests from being disrupted by an employee when they leave.

Enforcement of Restrictive Covenants

As employment law solicitors, we understand the fine balance that needs to be struck with restrictive covenants, so that they are not too broad and protect your interests sufficiently. We can help you define the restrictions that address this balance most appropriately for your business.

Settlement Agreements

A settlement agreement is a legally binding contract, once it has been entered into, which means that the employee gives up their rights to claims they may have against their employer, in exchange for a sum of money.

Settlement Aggreement - Tollers Solicitors

Employees will need to take legal advice before they enter into the agreement and employers may need an agreement drafted by an employment law solicitor. As employment law specialists, Tollers solicitors can help and advise employers and employees on settlement agreements.

TUPE

The Transfer of Undertakings (Protection of Employment) Regulations 2006, more commonly known as TUPE, is an area of law that can be daunting. It is something every business will have to consider if they are selling or merging their business, buying a business or taking on or losing a business contract.

TUPE advice - Tollers Solicitors

We can help guide you through this process in a straightforward manner and help you comply with the legislation so that it need not be daunting and can be manageable.

Immigration

The world of work is changing. Because of increasing globalisation, immigration and visa requirements are important for recruitment and operational business decisions.

The overhaul of the immigration system in 2008 means an employer's ability to take on valuable employees is crucial.

Immigration - Tollers Solicitors

We have knowledge of immigration law and can assist you in obtaining visas and employing migrant workers, thereby making it easier for you to manage your business with the right people.

What Our Clients Are Saying...

  • Superb services with a great outcome.  Very friendly and professional staff, I would use them again if required.

    Ms S Hedges
  • Would recommend Rebecca to anyone, really good service.

    Mrs R Camper
  • Gary gave professional advice promptly and diligently - I like his style - Objective!

    Mr C Plant
  • Since working with Tollers I have been extremely pleased with the support and guidance provided by Rebecca Wilson and her team.  I found Rebecca to be highly professional and very approachable.  She was always prompt in returning calls and emails in respect to advice I was seeking, providing clear and precise instructions.  I have total confidence in Rebecca and would highly recommend Tollers in the Future.  A first class service, thank you.

    Mrs D Field, (Hr Advisor) Smurfit kappa T/A Smurfit Kappa CRP
  • Each time we have had to commission your services the level of service, attention to detail and guidance provided has, without fail, been outstanding.  Thank you.

    Manor School Sports College
  • We have found the service offered by Tollers, to be of an exceptionally high standard. There is little doubt that the expertise, diligence and tenacity of the team was pivotal in securing us the outcome we wanted. I would have no reservation in recommending Tollers to other business owners and associates in the knowledge that they offer a first class service.

    Helen McCallum - Sales and Marketing Director at Displaymode
  • I just wanted to let you know how happy I am with the service provided by your Northampton office. The service is exemplary. I have always found the team to be extremely professional, knowledgeable and nothing is ever too much trouble. I cannot recommend them highly enough! Please keep up the good work.

    S Mellor
  • I have worked with Rebecca now for approximately 3 years. Rebecca not only gives me expert commercial advice on employment law she has become a virtual member of our HR team and a friend. Rebecca always makes herself available and never just gives us a text book answer. She has taken the time to really understand our business and will work with us to best resolve many complex situations. She is extremely pleasant to work with and quite unlike many employment lawyers I have worked with previously. All member of the team at Tollers are extremely personable and I wholeheartedly recommend both Rebecca and the entire team.

    Jenny Witchell, HR Business Partner Norbert Dentressangle
  • In my recent dealings with Tollers Solicitors, I found the staff to be friendly and helpful. They explained everything to me in plain English and in doing so put me at ease. They where most helpful and courteous. I would have no hesitation in recommending Tollers Solicitors

    Marilyn Thorneycroft
  • All items of my case were explained very well to me and I was made to feel at ease in a relaxed atmosphere during which could have been a very traumatic experience for me. I would highly recommend your company to anyone requiring solicitor services.

    Mr Bull, Kettering
  • I have used Tollers for many years and for a variety of matters and as always, found them to be extremely professional and thorough. I would like to express my total satisfaction with the service received and praise Kathryn Williams for her assistance in my latest dealings with Tollers. Not only is she a true representation of professionalism she maintained constant contact, informing of all scenarios as a result of any decision. I made and was totally supportive and dedicated to my case. A very personal service in a very professional manner.

    Mr Pearce, Leics
  • Very good all round service.

    Client, Towcester
  • Always very professional and a quality service.

    G. Rouse - Chiltern Cold Storage Group Ltd.
  • Their expert knowledge and high level of professionalism gives us the confidence to pick up the phone for sound , helpful and practical employment law advice, without hesitation.

    Ingrid Newbould (Head of Employee Relations) - Greene King Plc
  • We have developed a strong working relationship with the Tollers Employment Team over the past 6 years.

    Elizabeth Beattie (HR Manager) - Yamaha Music Limited
  • The employment law advice I have received from Gary Tait has been concise, unambiguous and straightforward.

    John Batty (Managing Director) - JMJ Bulk Packaging Limited
  • I have found the advice given by Tollers to be business focused, clear and concise.  Their responsiveness matches our business needs and they ensure that legality is translated into pragmatic management information.

    Deborah Parker – (HR Director), Norbert Dentressangle Transport Services
  • When seeking practical and commercial legal advice concerning employment matters, we need a reliable, approachable source.  Tollers give us a swift and commercial response and provided us with valuable guidance in helping us to achieve our desired outcome.

    Jim Verity - (HR Manager), Lafarge Aggregates Limited
  • As a leading business within the region, we need to know our service providers are on the ball. The Tollers business legal services team has been a great choice for us. They are able, and pleased to deal with a whole range of employment issues for us.  It’s the support and security we need to help us face the opportunities and challenges of our business.

    David Frost – (Head of HR), Carlsberg UK Limited

Our experts in Employment Law

Related Service: Employment Law Specialties: Employment Law Office: Corby Gary is head of the Employment Law Team at Tollers. He has a Masters Degree in Employment Law. He advises and represents a number of high profile clients locally and nationwide. Gary has undertaken numerous cases on behalf of... Read More

Gary Tait / Equity Partner
t   01536 276487
Types of Client

Related Service: Employment LawSpecialties: Employment LawOffice: Northampton Rebecca works alongside Gary Tait and the firm’s commercial and corporate department. She has experience of all areas of employment law, both contentious and non-contentious, including, TUPE, acquisitions... Read More

Katie graduated from the University of Sussex and went on to complete her LPC at the University of Law in Guildford. Katie previously worked at a niche family law practice in London and with a national law firm in their banking and finance department. Katie started her Training Contract with Tollers... Read More

Katie Anderton / Solicitor

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