Lawyers specialising in Employment Law – for Employers
Our lawyers understand that as employment law becomes increasingly complicated, employers must take increasing care to avoid costly compensation claims. And in 2025 that’s more truth than ever with a range of worker friendly employment law reforms expected from the Labour government in the Employment Rights Bill. Whether you have a Human Resources team, a single HR manager or the boss does it all, most employers should seek professional legal advice for at least some employment law issues.
Worried about how to deal with an employee? Call our specialist employment lawyers on Salisbury 01722 422300 or FREEPHONE 0800 1404544 for FREE initial phone advice – with no strings attached
Watch out for the new Employment Rights Bill
The new Employment Rights Bill, which could be passed as soon as summer 2025, is something that every employers need to be very aware of. It promises the biggest extension of UK workers’ rights in 50 years.
Although many the changes may not act to come into effect until 2026, the bill contains a significant extension of workers’ rights. It is expected to contain 28 individual employment reforms, on a range of issues ranging from extending many employment rights (including the right to claim under dismissal) to the 1st day of employment to strengthening sick pay and ending both so-called “zero hours” contracts and fire and rehire practices to establishing day one rights for paternity, parental and bereavement leave for millions of workers.
Watch this space.
Employment law for employers – the growth of new cases and Tribunal backlog
The number of employment claims handled by the Tribunal service continues to rise. Recent figures from Q1 April to June 2024 show a 13% increase in the total number of new cases when compared to the same period in 2023. And the backlog of claims continue to rise – the same period saw a 4% increase in the number of open cases to a remarkable 668,000.
So with so many new applications being made, and with the new reforms expected, it’s more important than ever for employers to know exactly what they’re doing when it comes to the law and handling staff.
That’s why trying to go it alone without taking independent legal advice is a very risky business strategy. Especially when our employment law team are happy to give free initial advice on the phone to any employer about any aspect of employment law.
Getting employment law wrong – the very real costs
The costs of Employment Tribunal applications for employers can be significant. In the absence of valid legal expenses insurance cover , the legal costs of defending a claim can be significant. That’s on top of what is often a considerable amount of work involved in handing a claim, plus the huge stress of knowing there is a claim ongoing. And if the claim is successful, or if you decide to settle out of court, that’s potentially another significant cost for the employer.
And with fully contested claims taking up to 2 years to reach a final hearing, that cost and stress over such a lengthy period can have a significant impact on any business – large or small.
Figures from the Department of Trade and Industry have shown that around 80,000 firms have inadequate or non existent procedures.
Don’t put your business at risk – take expert legal advice from a specialist Employment Law Solicitor today.
Had any of these employment law problems?
- How do I deal with bullying at work?
- How do I deal with employees making allegations of discrimination or harassment?
- How do I tackle poor performance?
- Am I going through the right disciplinary process?
Our expert Employment Lawyers at our Salisbury, Fordingbridge Andover and Amesbury offices will advise you on any claim and help negotiate a settlement. Where this is not possible we represent clients at Employment Tribunals throughout Wiltshire, Dorset, Somerset and Hampshire – and further afield.
Employment Law Services For Employers
Our Employment Lawyers offer a wide full range of employment law services including the following:
- Breach of contract
- Complaints and grievance procedures
- Constructive dismissal
- Consultancy Agreements
- Director’s Service Agreements
- Disciplinary hearings and procedure
- Drafting and reviewing employment contracts
- Flexible working
- Maternity & Paternity rights
- Redundancy; procedure, consultation and redundancy payments
- Restrictive covenants
- Settlement Agreements [previously known as Compromise Agreements]. Click here to read more about how our Settlement Agreement Solicitors can help you
- TUPE – issues surrounding Transfers of Undertakings
Click here to read more about how our TUPE Solicitors can help employers with issues surrounding the transfer or sale of a business
- Unfair dismissal
- Whistleblowing claims
- Workplace harassment claims and harassment policy
- Wrongful dismissal
Can I rely on the verbal resignation of an employee?
Yes it certainly is legally binding but if it is subsequently disputed, the risk is that you may not be able to prove it. It is much safer if you get the employee to confirm the resignation in writing and you then write back accepting it. Best of all make it clear in your staff handbook that all employees are expected to submit resignations in writing , and that such resignations aren’t confirmed until they do so.
Can a worker retract a resignation?
An employee can resign at any time by giving proper notice under their employment contract. Although there is no legal requirement for a resignation to be written, to avoid confusion over whether or not an employee has resigned it is helpful for employers to state in employment contracts that resignations must be in writing. Once given, a resignation cannot be withdrawn except with the employer’s express permission, or where it was given in the heat of the moment and then quickly withdrawn.
Can I require an employee to work from a different location?
Yes, provided you include a properly drafted “mobility clause” in an employee’s contract, and your request is reasonable. Employers should also give sufficient notice to the worker of any change.
And if an employment contract does contain a well drafted mobility clause allowing an employer to ask an employee to relocate, any refusal to do so is likely to give grounds for a breach of contract – unless the worker is able to provide evidence that the request is not reasonable.
Do I have to pay an employee if they go absent without permission?
No, you don’t have to pay workers for any unauthorised absences, unless there are exceptional reasons.
By not turning up for work, they put themselves in breach of a fundamental part of their employment contract . It is best to make sure your employment contracts include policies concerning absence , whether due to sickness or otherwise, and turning up late for work. You may also want to consider putting a limit in the contract of employment on the number of sick days you actually pay for.
If someone turn up for work late, you don’t need to pay them for any time they did not work. However, employers do need to be careful. Workers are likely to be entitled to be paid for periods of absence if it’s normal practice, or their employment contract provides for it.
Can a worker make an unfair dismissal claim if they have resigned ?
Resignation is held to be a dismissal where an employee’s resignation is due to an employer’s breach of contract. This is called “constructive dismissal” and an employee can claim both for breach of contract and unfair dismissal if they can show the employer has committed a fundamental breach of contract. If the resignation is caused by alleged sexual, racial, disability, sexual orientation, religion or belief, or age discrimination the employee may also try claiming under the various discrimination laws.
