Employment

Employment law advice for employees and employers

Workplace problems can develop quickly and affect income, reputation, wellbeing and business continuity. An employee may be facing dismissal, discrimination or pressure to accept new terms. An employer may need to manage performance, restructure a workforce or respond to a claim while keeping day-to-day operations moving. Arona St James Solicitors advises both individuals and organisations across a broad range of employment matters.

Because we act for employees and employers, every new matter is subject to a conflict check before confidential details are considered. Once instructed, we act solely in our client’s interests. We give clear advice on legal rights, evidence, commercial realities, costs and risk without promising a particular outcome.

When an employee needs advice

You may benefit from early advice if you have been invited to a disciplinary or capability meeting, placed at risk of redundancy, offered a settlement agreement, dismissed, or treated differently because of a protected characteristic. Timing matters: internal processes can move quickly, and Employment Tribunal claims are subject to short limitation periods.

We can review employment contracts, policies, correspondence and meeting notes, then explain the available options. Depending on the facts, that may include raising a grievance, appealing a decision, negotiating an exit, engaging in ACAS Early Conciliation or bringing a Tribunal claim. Not every unfair experience gives rise to a legal claim, and we will distinguish between poor practice, breach of contract and conduct prohibited by employment law.

Settlement agreements

A settlement agreement usually provides for the employee to waive specified claims in return for agreed terms, often including a payment and arrangements for the end of employment. For the agreement to be valid, the employee must receive advice from an independent qualified adviser on its terms and effect. We can explain what rights are being waived, identify drafting issues and advise on whether negotiation is appropriate.

Timeframes are often short, but signing without understanding confidentiality clauses, tax wording, post-termination restrictions or reference provisions can create lasting problems. The employer commonly contributes towards the cost of the required advice, although the contribution may not cover wider negotiation.

Dismissal, discrimination and whistleblowing

We advise on unfair dismissal, constructive dismissal and wrongful dismissal. These are different legal concepts with different tests. Constructive dismissal in particular can be difficult to establish, and resigning before taking advice may affect the options available.

Discrimination and harassment law protects people in relation to specified protected characteristics. Claims may arise from recruitment, pay, promotion, working arrangements, treatment at work or dismissal. We also advise workers who believe they have suffered detriment or dismissal because they made a protected disclosure in the public interest. Evidence, chronology and the reason for treatment are often central to these cases.

When an employer needs advice

Employers need processes that are legally compliant and workable. We advise businesses on contracts of employment, handbooks, changes to terms, disciplinary and grievance procedures, performance management, absence, redundancy and negotiated exits. Advice at the planning stage can reduce disruption and help decision-makers follow a fair process.

Where a dispute has already arisen, we can assess correspondence and evidence, advise on internal steps and respond to ACAS or Tribunal proceedings. A robust defence starts with understanding both the legal test and the documentary record. We work with management and HR teams to identify what can be resolved commercially and what requires formal defence.

Restructuring, redundancy and TUPE

A genuine redundancy situation may arise where a business closes, a workplace closes or the need for employees to carry out work of a particular kind reduces. A fair process may require meaningful consultation, reasonable selection criteria and consideration of suitable alternative employment. Collective consultation obligations may also apply where larger numbers of redundancies are proposed.

TUPE may protect employees when a business or undertaking transfers to a new owner or when certain service provision changes occur. It can transfer employment contracts and restrict dismissals or contractual changes connected with the transfer. Whether TUPE applies is fact-sensitive, so organisations should seek advice before setting transaction timetables or communicating with affected staff.

Restrictive covenants and confidential information

Employment contracts may seek to protect confidential information, client relationships and workforce stability after employment ends. Restrictive covenants are enforceable only to the extent that they protect a legitimate business interest and go no further than reasonably necessary. We advise employees on the effect of restrictions and employers on drafting, enforcement risk and proportionate responses to suspected breaches.

Employment Tribunal claims and resolution

Many disputes can be resolved through internal procedures, direct negotiation or ACAS Early Conciliation. A settlement may provide certainty and avoid the time and stress of litigation, but it should be assessed against the strengths, risks and value of the case. We advise on strategy and can conduct negotiations on a client’s behalf.

Where proceedings are necessary, we assist with claims and responses, disclosure, witness evidence, preliminary issues and representation. Tribunal litigation involves deadlines and procedural orders that must be followed. Costs are not usually awarded in the same way as in the civil courts, but they can be ordered in specified circumstances, and each party will generally need to consider their own legal costs.

Contracts and changing working arrangements

A clear contract records the core terms of employment, but statutory rights apply alongside it. Changes to pay, hours, duties, location or benefits may require agreement, consultation or a carefully managed process. Imposing changes without considering contractual and statutory obligations can lead to breach of contract, unlawful deduction or dismissal issues.

We review proposed terms for employees and draft or update documents for employers. The advice considers the written wording, established workplace practice, relevant policies and the practical reason for change.

What to expect from an initial consultation

We will ask what has happened, what outcome you hope to achieve and whether any deadline or meeting is approaching. Useful documents may include the contract, handbook, payslips, relevant emails, meeting notes, dismissal or redundancy letters, a settlement agreement and any ACAS correspondence. A short chronology can help identify the key events.

We will explain the legal framework, strengths and risks, possible routes and immediate next steps. If further work is required, we will provide a written scope and quote. Costs depend on the volume of documents, urgency, complexity, stage reached and whether negotiation or proceedings are needed.

Speak to our team

If you are dealing with a workplace dispute, proposed exit, contract issue, redundancy, transfer or Tribunal claim, contact our employment law team. Seeking advice early can help preserve options and ensure that important deadlines are identified.