There’s nothing more personal in business that an employment relationship and employment law is the ever-changing rock on which that relationship stands. Ensuring that you make employment law work for you is essential, harnessing the protection it provides to your business whilst also avoiding the traps it lays out for the unwary. When your staff are working well, you can build on this solid foundation to achieve success. However, when relationships sour and reputations are at stake, employment disputes can drain the goodwill of the most well-meaning employer.
As a result, it’s more important than ever that your managers understand the risks of any particular course of action. You will then be well-placed to protect your organisation from any immediate threats and put measures in place to deflect those which might arise in the future.
Mundays’ Employment team provides advice to meet your commercial and strategic objectives. We won’t tell you what you can’t do, but identify the most appropriate course of action for your organisation from a range of options that gets you from where you are to where you want to be. By involving us at an early stage in any employment matter, we can guide you down the best pathways, delivering positive outcomes wherever possible, limiting your potential liabilities, minimising risk and saving you time and expense.
Services we provide
With our experience of working across a wide variety of business sectors, we work closely with you, providing the legal advice you require to get the best from your employees and make informed strategic and day-to-day decisions relating to your workforce. We’ll be part of your team, understanding your business, recognising your values and ambitions and contributing to your success, thereby giving you more time to concentrate on running your organisation.
This is likely to involve advising you on issues including:
Recently, we have advised employers on:
- Restructuring the workforce so as to eliminate the risk of claims by redundant staff and ensure retained staff were engaged on new work patterns
- The potential TUPE liabilities involved when tendering for a contract and thereafter managing a post-transfer redundancy exercise
- Dealing with multiple grievances raised by an employee in response to being disciplined and responding to data subject access requests
- Defending employment tribunal proceedings for unfair dismissal and discrimination, including representation at hearings
- Drafting and implementing new contracts of employment, focussing on the protection of the client’s business interests, together with a deed of confidentiality to be entered into between the client’s staff and their main customer directly
- Advising in connection with an employee who resigned following the commencement of an investigation into allegations of theft/fraud and the withholding of stolen monies from sums due to them on termination
- Successfully obtaining undertakings from a former employee who had been attempting to solicit the business of customers in breach of their contractual post-termination restrictions
- Advising on multiple grievances raised by various staff against a colleague alleging unwanted verbal and physical contact of a sexual nature
- Advising client in connection with disciplinary action taken against an employee who had sent offensive emails to other staff
- Drafting agreements for clients in the charities and education sectors which would allow the recovery of substantial training costs in the event of an employee leaving employment
- Reviewing staff handbook and contracts of employment for an international bank in light of the introduction of the senior managers regime in the financial sector
- Advising a client on the introduction of a new commission structure to comply with FCA regulations and the inclusion of average commission in the calculation of holiday pay to comply with recent case law
- Working with various employers to respond to data subject access requests, analysing data gathered and applying various exemptions where appropriate
- Advising family offices and estate managers on recruitment, retention and termination of household staff and all manner of employment and confidentiality matters. Also providing guidance and relevant contacts to assist clients in the conduct of their personal or corporate affairs
- Drafting bespoke contracts for butlers, nannies, chauffeurs, housemen, security and valets, incorporating terms tailored to suit the individual families, often including appropriate non-disclosure and protection clauses. Understanding the specific needs and requirements of such clients and providing them with solutions to enable them to achieve the necessary staffing requirements. Advice in this area requires specialist knowledge of the Working Time Regulations and innovative ways of achieving solutions within those statutory guidelines
- Advising a group company on the strategic closure of an office and termination of a senior executive. Providing tactical and detailed guidance on a wide variety of related issues including, shareholder and directors’ dispute, dealing with complex corporate and employment tax issues, liaising closely with external tax advisers and corporate and litigation colleagues as appropriate. Successfully leading negotiations and concluding the matter through mediation, settlement and a share buy-back
- Acting as a trusted adviser to clients who are seeking other professional advisers, such as accountants and tax specialists. Working with clients to instruct the most appropriate advisers suited to their needs
- Advising a client on the implications of recent mobile workers legislation and drafting appropriate clauses in contracts of employment
- Advising a large international client on damage limitation after a manager prematurely terminated an employment contract without due procedure. Advice gained prevented the likelihood of a successful claim being brought
- Providing a road map and guidance to a client managing long term sickness absence where employee had been off sick for over one year costing the client company substantially in terms of management and associated benefits
- Advising a client on the employment aspects of corporate restructuring to achieve the desired strategic long term solution for the organisation. Providing appropriate advice and guidance on levels of redundancy consultation required where affected employee is pregnant and/or on maternity leave
- Advised client on the management of their poor performing employee, providing guidance on termination and appeal. Thereafter, management and defense of subsequent employment tribunal claim. Advised on data subject access request and various data protection issues which included correspondence and successfully dealing with requests from the Information Commissioner’s Office