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Redundancy
All members of the tbi Employment Team have experience advising businesses on redundancy exercises including collective redundancies, and advising on appropriate selection criteria to ensure the essential employees can be retained by your business.
Even if there is a short coming in your business' procedure it is often the case that your business' decision can be justified and the compensation limited. tbi's Employment Team has experience in limiting compensation in such circumstances.
Disciplinary Issues
tbi's Employment Team has experience in advising businesses at all stages of the disciplinary procedure, including the early stages in order to minimise the risk of any Employment Tribunal claims. Examples include:-
Serious allegations of discriminatory complaints against key employees.
tbi's Employment Team have advised on the appropriate action to take against employees, and defending the relevant discrimination claim against the key employees.
current employees trying to solicit customers for a business they were planning to set up in competition.
allegations of inappropriate behaviour against a care worker.
disciplining employees who have displayed an inappropriate attitude to customers.
Discrimination
tbi's Employment Team has advised in relation to all areas of discrimination i.e. sex, race, disability, sexual orientation, religion and belief.
Examples include:-
an employee falling asleep during work due to suspected epilepsy. Obtaining a diagnosis proved difficult due to the employee's culture attributing severe stigma to the condition.
serious sexual harassment including physical sexual assault.
advising on the indirect effect of long working hours on women with childcare responsibilities.
selection for redundancy of pregnant employees.
TUPE
From our experience when advice is either ignored or not sought the result could be extremely expensive for your business in terms of claims from employees. tbi's Employment Team experience includes:-
advising on numerous consultation processes and drafting and negotiating numerous warranties and indemnities. In one instance the pre-planning and the warranties saved expensive litigation due to circumstances which arose subsequent to the transfer. The situation was resolved with respect to consideration of the warranties rather than by way of claims issued through the Employment Tribunals.
providing advice to a business which wished to 'contract out' part of its business to separate contractors.
Executive Severance
tbi's Employment Team has experience in:-
advising as a result of TUPE situations in situations where either the executive's employment was terminated immediately or the executive was kept on during the transition period.
advising as to how best to approach executive severance situation in terms of management and financial package.
Contracts & Handbooks
tbi's Employment Team has drafted and/or reviewed numerous company handbooks and contracts.
Your business should be aware that even if it does have a contract and/or handbook the documentation needs to be reviewed and updated on a regular basis.
If your business has produced a standard handbook it may not fit the requirements of your business.
tbi's Employment Team has advised on numerous occasions how to implement changes to contractual documentation to ensure that it is effective in relation to all your business' employees.
Sickness procedures and capability
Experience includes:-
The tbi's Employment Team had advised on numerous long term sickness absences in order to implement procedures which may result in the return of the relevant employee to the workplace or a fair dismissal for capability.
For example the tbi's Employment Team has dealt with a situation where it was found an employee was constructively dismissed for late payment of statutory sick pay, notwithstanding the statutory sick pay was paid.
tbi's Employment Team has provided advice in many situations relating to management of employees who are not performing to the desired standard.
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