MHA | Employment Law

Employment Law

Stephanie Pote · Posted on: June 18th 2024 · read


HR Solutions have many years’ combined experience of handling such issues employment law issues as they arise, and have worked across several different industries. We can assist and advise you on all of the following:

TUPE - Transfer of Undertakings (Protection of Employment):

  • A London-based Property Management company sought to take over the employment of concierge staff from the building owners. We advised on the TUPE process, carried out the HR due diligence, and conducted the consultation meetings on the client’s behalf, most of which were held out of office hours due to the employees’ shifts. We also sent all the required letters to the employees.
  • A Milton Keynes online company acquired another similar company with a large number of employees. We assisted with the process for electing employee representatives, including providing the necessary documentation for the ballot process, as well as advising on the consultation process itself and providing all template letters for the client’s use.

Settlement Agreements:

Where you are seeking to exit an employee from the business but either do not wish to go through a formal procedure or are aware that you have not got sufficient evidence to do so, one option is to invite the employee to enter into a Settlement Agreement whereby mutual termination of employment is agreed with the employee being paid a sum in compensation for agreeing not to pursue any claims against the employer in the Employment Tribunal. HR Solutions can advise on how to enter into a Without Prejudice conversation and the amounts to be offered, and can draft the initial Settlement Proposal letter. We can also draft the Settlement Agreement and liaise with the employee’s solicitor on your behalf.

Case Study:

A farm in Kent had a long-serving employee who had been challenging to manage throughout the entirety of the employment relationship. The farm had become unprofitable and it was proposed to rent out some of the land thus reducing the number of livestock on the property. There was no clear[1]cut TUPE situation as the duties which the employee primarily performed were not themselves being transferred. A redundancy consultation was commenced (with which we supported, supplying the appropriate documentation and attending the consultation meetings); however, due to the nature of the employment relationship, a Settlement Agreement was entered into. We drafted the Settlement Proposal letter and the Settlement Agreement, and then liaised with the employee’s Independent Relevant Advisor to obtain signature by all parties, thus resolving the issue.

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ACAS Early Conciliation:

Where you do have an employee who wishes to make a claim against you in the Employment Tribunal, it will firstly be referred to the Advisory, Conciliation and Arbitration Service (ACAS) for Early Conciliation. This is an opportunity for both parties to reach agreement without the case progressing to tribunal. There is no obligation for you to enter into conciliation, nor to make any offer to the employee; however, you may make a commercial decision to do so rather than have to draft witness statements, exchange bundles and attend at the Tribunal on the day, even if you believe the employee’s case to have no merit. HR Solutions can take instruction and liaise with ACAS on your behalf; this will usually involve the payment of an agreed sum without any admittance of liability by yourself.

Case Study:

A claims management company with US ownership asked for advice to terminate the employment of an employee with under two years’ service. Advice was given, highlighting that, as the employee had protected characteristics, it was possible she might may make a claim for discrimination. This did indeed happen and she raised a claim for race discrimination (for which no qualifying service is necessary); there was also an error made in respect of her P45. We liaised with ACAS on the client’s behalf; and they made the decision to make a payment to her with no acceptance of wrongdoing for which we then drafted the COT3 (formal ACAS agreement).

Support at employee meetings:

We can also attend employee meetings (disciplinary, grievance, welfare, consultation) to support you if you lack confidence in holding them alone or are concerned that you may say the wrong thing! We can provide as much support as you require, including scripting the meetings for you, provided that you always remain the decision-maker.

HR Solutions offer practical advice and support as well as a commercial way of thinking.

This insight was previously published in our HR Solutions June 2024 newsletter

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