Employers

Do you provide free Employment Law advice for employers?

We encourage any employer with a workplace issue to contact us. We will need some basic information from you including your name, your position in the business, the name of your business, business address, contact telephone number and brief details of the matter. We do not charge for enquires and we will try and help as far as we can. Please contact Lincoln based LincsLaw Solicitors for a free, no obligation discussion.

How much is a Fixed Fee Consultation?

Following a free telephone, email or website enquiry; should your matter require further assistance we will meet with you for a Fixed Fee Consultation. The cost of a Fixed Fee Consultation is £200.00 plus VAT.

The consultation includes a meeting with whichever one of our extremely experienced lawyers you choose. It is intended that your consultation should be a thorough consideration and assessment of your situation: there is no time limit and you can relax in the knowledge that however long you are with your lawyer, the price is fixed and you will not be charged additional fees. The consultation lasts as long as it takes for you and your lawyer to:-

  • Consider the full background of your situation
  • Advise on the circumstances and your intended actions (restructure, redundancy, disciplinary, grievance etc.)
  • Advise on the risk of any Employment Tribunal claims
  • Advise on the potential value of any Employment Tribunal claims
  • Suggest what next action or steps you should take to minimise risk
  • Advise on any fees or funding arrangements for assistance going forward

Your lawyer will then confirm their advice in full and in writing. There are no additional charges as your written confirmation is included in the cost of the Fixed Fee Consultation.

For many clients, a Fixed Fee Consultation is all that is necessary and they consider they have all the assistance they need to progress their matter themselves. For others who may require further assistance or who are at the stage of defending their matter at the Employment Tribunal, we can offer a number of funding options depending on their situation.

If you wish to discuss a Fixed Fee Consultation, please contact Lincoln based LincsLaw Solicitors for a free, no obligation discussion.

Where can I meet with you?

Our offices are conveniently located in Lincoln at Greetwell Place, Lime Kiln Way, Lincoln LN2 4US. There is ample free parking available and no restriction on the time you are able to park. If you are unable to attend our offices, we would be happy to meet with you at your offices or place of business within 15 miles of LN2 4US (as per AA route planner).

For a free, no obligation discussion, contact Lincoln based LincsLaw Solicitors.

I work normal office hours, can I arrange an appointment at the weekend?

LincsLaw Solicitors are open from 9.00am to 5.00pm Monday to Friday and 9.00am to 12.00 noon on Saturdays. We would be happy to meet with you during those hours.

If our opening times are not convenient for you, we can usually arrange an appointment to suit your availability. For a free, no obligation discussion, contact Lincoln based LincsLaw Solicitors.

Is it true I can dismiss an employee in their probation period and they will not be able to make a claim to the Employment Tribunal?

Whilst probation periods can be useful in terms of management of an employee and reviewing their performance, the fact of the probation period itself does not really have too much impact on employment law. Continuous service as an employee begins from day one of employment. Therefore, the employee could have a significant amount of service by the time they complete their probation period.

Whilst claims for ordinary unfair dismissal at the Employment Tribunal will need an employee to have worked for their employer for two years (and therefore it is likely an employee who is still in their probation period will have completed sufficient service) all other rights and claims are in effect. For example, provisions for minimum notice, protections against discrimination, protections for whistleblowing etc could all be available to an employee who has been dismissed during their probation period depending upon the circumstances in which their employment was terminated.

Before taking any steps to end the employment of an employee in their probation period, call us on 01522 539501 to discuss your plans and help you identify any risks.

Can I retract a job offer if the employee has not started working for me?

This is a very difficult situation. Much would depend upon the terms under which the job was offered and whether a contract between the employer and the employee exists even though the employee has not started work.

Most employers make offers conditional subject to references or, perhaps, obtaining other information. This enables them to withdraw offers if references or similar are not as expected. However, even in the circumstances of a conditional offer, the employer needs to be clear about the conditions in place which might affect their decision withdraw employment.

If you are considering withdrawing a job offer to a potential new recruit, contact us on 01522 539501 to discuss your situation and identify any risks you may have.

Do employees have the right to be off on bank holidays?

Employees do not have a statutory right to take bank holidays off work. Their employer’s provisions in respect of holidays, bank holidays etc should be set out in their contract of employment.

However, employees do have a right to a minimum number of days holiday per year. Employers should be clear about the processes by which they will accept and/or approve the dates when their employees wish to take that holiday.

If you have concerns about holidays for your staff, please call us on 01522 539501 to discuss your situation.

Can I vary the contractual terms of new staff I have taken through TUPE?

The Transfer of Undertakings (Protection of Employment) Regulations 2006 [TUPE] offer employees a great deal of protection. The starting point is that the contractual terms under which a TUPE employee is transferred cannot be changed by their new employer.

However, changes can be made if the employer has an ‘economic technical or organisational’ reason to do so. TUPE also sets out a number of provisions for employers to notify and consult with their employees about those proposed changes.

If you are involved in the TUPE transfer of staff, you need independent legal advice. Call us on 01522 539501 to discuss your situation.

Is there an employment contract if there is nothing in writing?

Verbal agreements between employers and employees can become binding. Certainly, working practices which are established can become part of the employee’s contract of employment. Whilst there is a statutory requirement for employers to provide to their employee’s information about their main terms and conditions of employment in writing, even if that is not done, a contract still exists.

Obviously, if a contract is not in writing then this is a situation which is ripe for dispute between the employer and the employee. If you need assistance, please contact us on 01522 539501 to discuss your situation.