Employment Law

Employment Contracts

An Employment Contract is a statutory requirement for businesses to record the key terms governing the employment relationship between the employer and the employee. We are able to conduct a gap analysis on your current agreements and draft Employment Contracts (including full time, part time and zero hours contracts) for not only your junior members of staff but also Executive Service Agreements for your more senior staff.

We are aware that often your employment contracts with senior members of staff are negotiated on a commercial level and may incorporate other documents including, but not limited to, Terms and Conditions and Share Incentive Plans which we are also able to draft for you.

We are able to advise you on the important clauses you need in your Employment Contracts to ensure your business is protected including restrictive covenant clauses, garden leave clauses and clauses relating to employee’s obligations within the business.

We are also able to assist with drafting IR35 compliant consultancy contracts/ self- employed contracts.

TUPE Regulations

If your business is going through or considering going through a merger, acquisition, takeover or service provision change you will need to ensure you comply with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the ‘TUPE Regulations’). The TUPE Regulations place an employer under certain obligations to ensure that its employees are properly consulted about the proposed changes to the business and that the employee’s employment conditions are kept the same.

If you are an employee who is employed by a company going through a merger, acquisition or service provision change process, we are able to advise and assist you on ensuring your rights are protected and/or objecting to a proposed TUPE transaction.

Self-Employed IR35 Contracts/Consultancy Contract

If you employ self- employed contractors, you will be required to have an IR35 compliant consultancy contract in place. This is very different to an Employment Contract with an employee. It is very important that your IR35 consultancy contracts with your self- employed contractors are drafted properly to ensure that your contract or practices do not create an employment relationship. This is because, employees are granted greater employment rights under the law. We are aware of the clauses and requirements that a business requires to ensure that there a genuine self-employed relationship is maintained.

We also work closely with our in-house tax experts to ensure that our contracts are IR35 compliant and up- to- date with any relevant changes in the law.

If you are an employee, it is crucial to ensure that your consultancy contract has been drafted correctly by your employer and that it is IR35 compliant. This is so that you can take advantage of the IR35 tax benefits. Our in- house tax experts can also further advise you on potential tax benefits you may be entitled to as a self- employed person. If you are newly starting as a self-employed worker and you wish to set up a new limited company, we are also able to assist you with this.

Staff Handbook and Policies 

We are able to draft a Staff Handbook, also called an Employee Handbook or Company Manual, which contains the businesses policies, procedures and also statements on your company culture and ethics.

Your Staff Handbook should contain your policies and procedures in relation to Whistleblowing and Grievance and Disciplinary procedures. The Staff Handbook will ensure the standards expected of your employees are clear and may assist you in the event of a dispute with your employee.

We believe that following the correct processes and procedures in relation to your business and employees will protect your business from potential future Employment Tribunal claims.