Employment Law for Employers

Employment Law for Employers image

Employment Law for Employers

We can provide you with specialist advice on all areas of employment law.

Introduction

We know how vast, complex and ever changing the world of H R Management and Employment Law can be.  We can therefore provide you with specialist advice, irrespective of the size or nature of your business on all aspects of employment law such as:-

  • Recruitment of Staff
  • Contracts of Employment
  • Staff Handbooks including all the policies and procedures that you will require
  • Dealing with Disciplinary and Grievance issues
  • Managing issues like performance and sickness absence
  • Employees’ Rights, e.g. maternity, against discrimination etc
  • Redundancies, reorganisation and restructuring
  • Dismissals
  • Settlement Agreements/Termination Packages
  • Transfer of Undertakings (the transfer of staff to or from you by way of a change in ownership of a business)
  • Post-Termination Restrictions such as claims preventing an Employee from working in competition against your business

Our Approach

Our main aim is to help you to avoid problems in the work place with staff, especially as this can effect productivity and take up a considerable amount of your valuable time.  We can make sure that you are on the right footing from the start by guiding you through the recruitment procedure and sorting out your contracts of employment, staff handbook and policies and procedures.

If we cannot prevent an issue arising with your staff, then we can guide you as to how best to deal with such matters, and can assist you with issues such as redundancy processes, disciplinary matters and/or advising upon the effect of a sale or purchase of a business.

We will help you to try and avoid Court and Tribunal proceedings.  Unfortunately from time to time matters do go to a Court or Tribunal Hearing, and we can provide you with high quality representation.  We have an excellent track record in representing businesses before a Court or Tribunal.


Employment Guard

We are one of the few firms in the area to be able to offer insurance against Tribunal claims for businesses.

Our insurance policies, underwritten through Temple Legal Protection Limited, can insure your business against a Tribunal Claim of up to £250,000 per case or £1 million in aggregate per annum.  These sums covered include not only the Tribunal award against your business but also your own legal costs. The premium can be as little as £159 per annum (including insurance premium tax) and can be made in monthly instalments to assist you with cash flow.

The benefits to your business of the scheme include the following:-

  • Effective management of employment law risks
  • Better financial planning and cash flow
  • Greater awareness of the correct approach to employment matters
  • Reducing disputes and saving valuable management time
  • Eliminating damaging publicity
  • Peace of mind
  • Improved employer/employee relations

For more on this scheme please read our section on Employment Guard below, or contact a member of the Team.


Costs

If you do not enjoy the benefit of our Employment Guard Scheme then we can offer fixed fees so that you can budget accordingly for your own business needs.  Your business may even have an insurance policy that includes an element of legal expenses cover for employment issues.  We can assess your eligibility under any such policy that you may have, and often agree with the insurer to take on your case in accordance with the terms of your policy of insurance.

Please see Our Fees page for a more comprehensive explanation as to costs


Here to Help

Gemma Mayer LLB

Gemma Mayer is an Assistant Solicitor who advises our employer clients in respect of contracts of employment, policies and procedures, handbooks and with ensuring compliance with employment legislation generally.

Telephone 01775 722261 or Email: gemma.mayer@maplessolicitors.com

Daven Naghen LLB

Dav can assist businesses with advice on issues relating to taking on staff from a business that is purchased or taken over and with issues generally under the Transfer of Undertakings Regulations.

Telephone 01775 722261 or Email: daven.naghen@maplessolicitors.com


Section 8 Notice or Section 21 Notice? image

Section 8 Notice or Section 21 Notice?

There is one question a lot of landlords have asked us over the years and that is “What is the Difference Between a Section 8 and Section 21 Notice?”.

The most basic difference between a section 8 and section 21 is that a section 8 notice is served when a tenant is in breach of contract (eg rent arrears), and a section 21 is served to end a tenancy agreement, simply so that the landlord can regain possession.

A section 8 notice, or notice to quit as it is also commonly known as, is so called because it operates under section 8 of the Housing Act 1988. A section 8 notice is served on the tenant by a landlord wishing to regain possession of a property during the fixed term of an Assured Shorthold Tenancy (AST) when the tenant has broken the terms of the tenancy. You can give between 2 weeks’ and 2 months’ notice depending on which terms the tenant has broken.

Once the period of notice has lapsed and the tenants have not vacated then you can apply to the court for an Order for Possession.

If you need help in completing a Section 8 Notice with the correct notice periods and/or assistance with the grounds for possession then please contact laura.day@maplessolicitors.com or daven.naghen@maplessolicitors.com and we will be happy to assist you with this.

With respect to a Section 21 notice, you can use this notice to evict your tenants either after a fixed term tenancy ends - if there’s a written contract, or during a tenancy with no fixed end date - known as a ‘periodic’ tenancy.

Section 21 Notices are only for use when the prescribed documents have been served on the tenant at the start of the tenancy. You cannot use a Section 21 notice if you have not given the tenants copies of:
• the property’s Energy Performance Certificate
• a current gas safety certificate for the property - You must have given the tenants a copy of the current gas safety certificate before they moved in.
• the government’s ‘How to rent’ guide
You are also required to secure the tenant’s deposit in a Tenancy Deposit Scheme. This government-backed scheme ensures that the tenants get their deposit back at the end of their tenancy, so long as they have not damaged the property, have met the terms of the tenancy agreement and have paid all their rent/bills. You must ensure that such a deposit is put in a scheme within 30 days of its receipt and provided the information of where it is secured to the tenant. Failure to secure a tenant’s deposit will invalidate a Section 21 Notice.

You are also unable to use a Section 21 Notice if it is less than 4 months since the tenancy started, or the fixed term has not ended, unless there’s a clause in the contract which allows you to do this.

If the tenants do not leave by the specified date then you can apply to the court for a Possession Order. You may wish to use the accelerated possession procedure if you are not claiming rent arrears as generally this route is quicker than applying for a standard possession order and there is usually no hearing involved.

If you want to claim rent arrears then you may either use the standard possession route or use the accelerated possession procedure but then make a separate claim for recovery of the outstanding rent.

The decision as to whether or not to use the section 8 or section 21 route is complex and we would recommend a landlord seeks early advice as to which mechanism to use.

If you require more advice and assistance on Section 21 Notices or which possession proceedings route would suit you then please contact laura.day@maplessolicitors.com or daven.naghen@maplessolicitors.com and we will be happy to help.

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Testimonials

Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

James Turner BA

James Turner was extremely helpful with our buying process. Everything went smoothly. We are very happy with the level of professionalism demonstrated by the office. Highly recommended solicitors. Will definitely do business with them again.

Daven Naghen LLB

"Daven provided an excellent service, from attending the first interview with me to the final court appearance. He filled me full of confidence that he would defend me to which he did and come out with an excellent outcome in view of my position that I had put myself in."

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs GCILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

Mike Pepper gave us excellent advice. He was always most helpful and accommodating giving lucid explanations every step of the way. Thank you Mike.

Donna Sandison FCILEx

Donna has been helpful and professional every step of the way during the process. Always on hand to answer any queries and totally professional and friendly at all times.