Employment Solicitors for Employers
An employee dismissed without the correct procedure, a discrimination claim from a former staff member, or a restrictive covenant that cannot be enforced — each costs more than the legal advice to prevent it. A solicitor protects the business.
Employers face employment tribunal claims for unfair dismissal, discrimination, whistleblowing, wrongful dismissal, unpaid wages, and holiday pay — regardless of whether the decision was made in good faith. The Employment Rights Act 1996, the Equality Act 2010, and the Working Time Regulations create a detailed framework of employee rights. A solicitor will advise on the correct procedure before any dismissal, draft settlement agreements that provide a clean break, and defend the business in the Employment Tribunal where a claim is brought.
Employment Law for Employers
Employment law from the employer's perspective — the key situations and how to manage them correctly.
Employment tribunal claims are expensive, time-consuming, and damaging to morale and reputation. Most claims arise from a procedural failure that could have been avoided with legal advice before the dismissal or settlement, not after.
Dismissal — fair procedure and fair reason
An employee with two or more years of continuous service has the right not to be unfairly dismissed. An unfair dismissal claim requires the tribunal to assess two things: whether the employer had a potentially fair reason (capability, conduct, redundancy, illegality, or some other substantial reason — SOSR); and whether the employer acted reasonably in all the circumstances, having followed a fair procedure. A fair procedure includes: inviting the employee to a disciplinary or capability meeting; informing them of the case against them; giving them an opportunity to respond; and offering the right of appeal. A solicitor will advise on the correct procedure before any dismissal is confirmed — significantly reducing the risk of a successful tribunal claim.
Settlement agreements — ending the employment relationship cleanly
A settlement agreement (formerly a compromise agreement) is a legally binding contract between an employer and an employee — by which the employee waives their right to bring specified tribunal or court claims, in return for a financial payment. For a settlement agreement to be valid, the employee must have taken independent legal advice on its terms. Settlement agreements provide a clean break — the employer pays a negotiated sum and is protected from future claims. A solicitor will advise on the appropriate payment, draft the agreement in a form that is binding and comprehensive, and manage the process — including providing the employee with information about independent advice and managing any negotiation.
Discrimination claims — Equality Act 2010
The Equality Act 2010 protects employees from discrimination, harassment, and victimisation based on nine protected characteristics — age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Direct discrimination (treating someone less favourably because of a protected characteristic) and indirect discrimination (a provision, criterion, or practice that disadvantages people with a protected characteristic) are both actionable. Discrimination claims have no qualifying service period — an employee can claim from day one. A solicitor will advise on the most appropriate response to a discrimination claim — investigating the allegation, assessing whether the treatment was discriminatory, and defending the tribunal proceedings or negotiating settlement.
Redundancy — fair selection and consultation
Redundancy is a potentially fair reason for dismissal — but the employer must follow a fair redundancy procedure: identifying the pool for selection; applying a fair and objective selection criteria; consulting with employees at risk (in sufficient time for consultation to be genuine); and considering suitable alternative employment. Failing to consult, applying a discriminatory selection criterion, or selecting an employee for redundancy for an ulterior reason (because they made a grievance or took maternity leave) makes the redundancy unfair. For 20 or more redundancies in a 90-day period, collective consultation obligations apply and ACAS must be notified. A solicitor will advise on the procedure for individual and collective redundancy and manage the consultation process.
Restrictive covenants — enforcing post-termination obligations
Restrictive covenants in employment contracts — non-compete, non-solicitation, non-dealing — can prevent a former employee from working for a competitor, soliciting the employer's clients, or poaching colleagues. For a restrictive covenant to be enforceable, it must go no further than is necessary to protect the employer's legitimate business interests. An overly wide restriction (too long in duration, too broad in geography, or too extensive in scope) will be void. A solicitor will assess whether the restriction is enforceable as drafted, send a cease and desist letter to the former employee and their new employer, and apply for an urgent interim injunction to prevent the competitive activity pending trial where the breach is causing ongoing damage.
Employment contracts and policies — protecting the business from day one
A well-drafted employment contract is the employer's first line of protection — setting out notice periods, probationary periods, confidentiality obligations, IP ownership in work product created in employment, and post-termination restrictions. Policies — disciplinary, grievance, equal opportunities, data protection, and social media — set the framework for managing employee conduct and protecting the business against liability. A solicitor will draft employment contracts and policies that reflect current employment law requirements, are proportionate to the size and nature of the business, and are enforceable when they need to be. Reviewing contracts every two years ensures they reflect changes in the law.