Many professionals can expect at some stage in their careers to have to take advice from an employment lawyer, either before they start a new job, while they are doing it or when they leave.
Our experience enables us to anticipate and deal with businesses through negotiation, mediation or, if necessary, legal proceedings. We focus on giving pragmatic, legal and strategic advice and promise is to provide the best legal representation and the highest level of consideration and care at all times.
When you’re faced with common employment issues
During the course of your employment you may encounter all manner of uncomfortable issues ranging from disciplinary and grievance situations to bullying and harassment, performance management, sickness absence problems and issues relating to your family friendly rights like maternity, paternity, adoption leave and flexible working.
Having a partner you can trust can make a huge difference, offering you jargon-free advice and assistance, helping you prepare for internal investigations or hearings, ensuring you are aware of the protections provided to you by the law and providing guidance as to how best to respond to any problems you may be facing at work. Knowing that you have our expert professional assistance will enable you to navigate your way through such problems with clarity and confidence.
When you need advice on a Settlement Agreement
If you are faced with the prospect of a formal legal settlement with your employer, it’s important that you take your own independent legal advice on the settlement agreement, which is sometimes called a compromise agreement. Kennedys’ employment specialists can advise you in a straightforward way, avoiding unnecessary jargon, and negotiate a better deal for you if appropriate.
When you need advice on a Service Agreement or employee benefits
A Service Agreement is essential to set out the terms of your role, and avoid any disputes further down the line. It’s important that employees of all levels of seniority have their contracts reviewed and negotiated to make sure the terms are suitable for both parties.
If you are a senior level executive you will require specialist individual advice to ensure your personal interests are carefully protected, including expert advice on benefits such as bonus, commission, LTIPs and share option schemes, and guidance on post-employment restrictions.
When you have a director or shareholder dispute
If you’re facing a dispute with a fellow directors or shareholders, there’s always going to be a complexity of emotion and stress involved; in these circumstances we can take the lead for you, providing technical advice and commercial expertise to resolve differences and reach the best solution for you.
We aim to find practical solutions, whether involving an agreed parting of the ways or resolving disputes to ensure all parties can work together moving forward.
When you feel that you’ve been discriminated against
If you feel that you’ve been discriminated against based on your age, disability, gender reassignment, marital/civil partner status, pregnancy/maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation it can be incredibly frustrating and upsetting. Our experienced team can advise you on the details of your case, and tell you what your rights are in your individual circumstances.
We will support you through the process of bringing a claim – whether through your employer’s internal procedures or in the Employment Tribunal – and can provide you with specialist advice in this complicated area of employment law.
When you need advice on dismissal
If you have been dismissed, are facing dismissal, have resigned or are thinking of resigning because of the way you have been treated, it can be a really difficult time, and it’s essential to get good, straightforward advice on your options.
Working with you to achieve the best possible outcome, from an agreed settlement or providing you with full representation through the Employment Tribunal process or something in-between, we take into account your individual circumstances alongside the merit of the case, putting you at the heart of everything we do.
When you need to choose the right employment status
Choosing the right employment status isn’t always as straightforward as you may hope, but the implications of getting it right can be far reaching, from tax issues to your rights at work. There is no one factor that completely determines your employment status and it is important to look at the whole picture.
If you are concerned about your work status and any associated rights you may have, or you are involved in a dispute with your employer about your status, we can provide you with specialist advice and guidance, including in the case of agency workers, advice about the right to equal treatment.
Bringing a claim
Having an experienced partner in your corner can help alleviate some of your fears. The decision to bring an employment tribunal claim is not something you’ll take lightly and the circumstances surrounding such a decision are invariably stressful and often upsetting.
Assessing your case, whilst taking into account your personal circumstances and the impact on you from the outset, we’ll clearly explain all your options and discuss tactics with you.
Our considered approach allows a clear strategy to be put in place which we can follow and review with you as your case progresses through the employment tribunal process.
When you’re faced with redundancies or restructuring
If you’re being faced with redundancies, or a change to your role after your employer has restructured, it can be a very worrying and unsettling time. Having a partner on your side that understands your fears and apprehensions, and can advise you on the redundancy process and your legal rights can make the process much clearer.
If you have been offered a redundancy compensation package, it can be difficult to know what decision to make. We can advise you on the value of any offers and terms and will work hard to get the best outcome for you.
If you feel that the process hasn’t been handled fairly, or your employer hasn’t followed the right process, our expert team have extensive practical experience in this area and can advise on potential claims, taking into account your personal circumstances along with a pragmatic and technically sound legal footing.
When you need advice on restrictive covenants
Often Service Agreements contain restrictions on what employees can do after their employment has ended, in terms of competing, dealing with their former employer’s customers or suppliers and employing former colleagues.
Such restrictions may well interfere with your future employment prospects, so it’s important that if you’re looking to enter into a contract containing restrictions, you’re properly advised as to what you are signing up to and whether/how the restrictions might be enforced against you.
If you’re considering a move, taking proper advice on the terms and effect of any restrictive covenants in your Service Agreement before acting can limit the risks and avoid costly litigation. If your employment has ended and you are being threatened with legal action by your former employer for breaching such restrictions, we can help you to resolve the dispute, or defend your position.
When you need advice on TUPE
If all or part of the business you work for is being outsourced, taken back “in house” or sold, the Transfer of Undertakings (Protection of Employment) Regulations (commonly known as TUPE) may apply. TUPE provides for the automatic transfer of your employment on the same terms and conditions.
The regulations are notoriously complex, and so we work hard to help our clients advice and guidance which is jargon-free, as well as technically sound, ensuring that they fully understand their legal rights and can proceed with confidence.
When you want to blow the whistle
If you are considering “blowing the whistle” by complaining to your employer about some wrongdoing, it’s important to take legal advice before you act so that you can make sure that you go about it in the right way and fully appreciate the consequences of doing so.
We can provide you with that advice and if you feel that after raising a concern you are being treated unfairly, specialist advice about your rights, and can represent you in an Employment Tribunal if legal proceedings become necessary.