Compromise Agreements Solicitors & Lawyers » Redundancy http://www.adviceoncompromiseagreements.com Call us for independent legal advice on compromise agreements, unfair dismissal or redundancy law Tel: 0207 488 9947 or Email: enquiries@rtcooperssolicitors.com Thu, 19 Aug 2010 23:02:36 +0000 http://wordpress.org/?v=2.8.5 en hourly 1 Compromise Agreement, Compromise Agreements, Redundancy Law, Unfair Dismissal, Legal Advice http://www.adviceoncompromiseagreements.com/compromise-agreements/compromise-agreement-compromise-agreements-redundancy-law-unfair-dismissal-legal-advice http://www.adviceoncompromiseagreements.com/compromise-agreements/compromise-agreement-compromise-agreements-redundancy-law-unfair-dismissal-legal-advice#comments Tue, 10 Aug 2010 22:02:09 +0000 admin http://www.adviceoncompromiseagreements.com/?p=563 We have been asked by a number of employees if an employee could be made redundant whilst off sick. The answer is yes. This can be done if the reason for the redundancy is fair and the redundancy has nothing to do with the employee being off sick. However, employers must always proceed with caution and take legal advice.

If you require legal advice on redundancy  law or unfair dismissal,  please contact RT Coopers  at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2010. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances

]]> http://www.adviceoncompromiseagreements.com/compromise-agreements/compromise-agreement-compromise-agreements-redundancy-law-unfair-dismissal-legal-advice/feed 0 Employment Lawyers, Constructive Dismissal, Performance Improvement Plan http://www.adviceoncompromiseagreements.com/compromise-agreements/employment-lawyers-constructive-dismissal-performance-improvement-plan http://www.adviceoncompromiseagreements.com/compromise-agreements/employment-lawyers-constructive-dismissal-performance-improvement-plan#comments Mon, 09 Aug 2010 10:57:27 +0000 admin http://www.adviceoncompromiseagreements.com/?p=559 A number of employers are instigating performance improvement plans for employees whose performance are satisfactory or less. Inevatibly, employees seek legal adsvice on the implications of such PIP, and whether they are indeed justified. In some cases, if the employees do not successfuly meet the standards set by the PIP, they could lose their jobs if theycontinue to underperform.

Employers should take legal advice before implementing a PIP, as this could lead to a claim for constructive dismissal if this is not properly handled.

If you require further information on employment law, please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2010. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

]]> http://www.adviceoncompromiseagreements.com/compromise-agreements/employment-lawyers-constructive-dismissal-performance-improvement-plan/feed 1 Redundancy Law – Employment Redundancy – Redundancies http://www.adviceoncompromiseagreements.com/compromise-agreements/redundancy-law-employment-redundancy-redundancies http://www.adviceoncompromiseagreements.com/compromise-agreements/redundancy-law-employment-redundancy-redundancies#comments Wed, 04 Aug 2010 06:29:05 +0000 admin http://www.adviceoncompromiseagreements.com/?p=546 We are seeing a number of cases where employers are not taking certain steps to ensure that the contemplated redundancies are carried out fairly. In the event that the redundancies are are not carried out fairly an employee may potentially claim for:

§         Wrongful dismissal;

§         Unfair dismissal; or

§         Further redundancy payments.

If you require further information on redundancy law, please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2010. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

]]> http://www.adviceoncompromiseagreements.com/compromise-agreements/redundancy-law-employment-redundancy-redundancies/feed 0 Unfair Dismissal http://www.adviceoncompromiseagreements.com/compromise-agreements/unfair-dismissal http://www.adviceoncompromiseagreements.com/compromise-agreements/unfair-dismissal#comments Fri, 30 Jul 2010 07:17:28 +0000 admin http://www.adviceoncompromiseagreements.com/?p=537 Employers and employees should note that as of 1 February 2010, the compensatory award for unfair dismissall (maximum to be awarded) is now £65,300.00. There is no statutory limit on compensation payable as a result of Sex, Race and/or Disability Discrimination.

There is a limit of £25,000 on awards that can be made by tribunals in breach of contract (wrongful dismissal).

Also there is no statutory limit on compensation which a tribunal can award in unfair dismissal cases where the dismissal is automatically unfair such as

  • Disability discrimination
  • redundancy- If an employee is selected for redundancy which the law regards as  automatically unfair dismissal
  • race discrimination
  • sex discrimination
  • pregnancy or maternity
  • paternity leave
  • right to be accompanied at meetings

If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2010. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

]]> http://www.adviceoncompromiseagreements.com/compromise-agreements/unfair-dismissal/feed 0 Employment Lawyers – Compromise Agreements – Offer made by Employer http://www.adviceoncompromiseagreements.com/compromise-agreements/employment-lawyers-compromise-agreements-offer-made-by-employer http://www.adviceoncompromiseagreements.com/compromise-agreements/employment-lawyers-compromise-agreements-offer-made-by-employer#comments Fri, 23 Jul 2010 07:17:23 +0000 admin http://www.adviceoncompromiseagreements.com/?p=533 If you are an employee, our employment lawyers cant stress enough how important it is to take independent legal advice as early as possible from emoployment solicitors and not to delay especially if  your employer has given you a date by which to accept the offer and return your signed compromise agreement. A number of employees that our employment lawyers are seeing are failing to appreciate the importance of their oiffer. At this stage it is only an offer and the offer could be withdrawn if you intend to and fail to accept it by the prescribed time.

If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2010. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

]]> http://www.adviceoncompromiseagreements.com/compromise-agreements/employment-lawyers-compromise-agreements-offer-made-by-employer/feed 0 Employment Lawyers – Compromise Agreement – Employment Lawyers London – Empolyment solicitor – unfair dismissal http://www.adviceoncompromiseagreements.com/compromise-agreements/employment-lawyers-compromise-agreement-employment-lawyers-london-empolyment-solicitor-unfair-dismissal http://www.adviceoncompromiseagreements.com/compromise-agreements/employment-lawyers-compromise-agreement-employment-lawyers-london-empolyment-solicitor-unfair-dismissal#comments Tue, 20 Jul 2010 13:55:54 +0000 admin http://www.adviceoncompromiseagreements.com/?p=529 As employment lawyers, we have been advising many employees this month on their offers. On a practical note, if you are an employee and have been offered a severance pay, before you decide to reject this offer and claim unfair dismissal, please take advice on the offer. In a number of cases, we found that employees would have been worse off if they went to the Tribunal with a claim for unfair dismissal. There is a limit for compensatory awards (unless you can prove discrimination) which as it stands is £65,300.00.  An employment solicitor at RT Coopers (0207 488 9947) will be able to advise further on this point.

If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2010. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

]]> http://www.adviceoncompromiseagreements.com/compromise-agreements/employment-lawyers-compromise-agreement-employment-lawyers-london-empolyment-solicitor-unfair-dismissal/feed 0 Employment Lawyers, Voluntary Severance http://www.adviceoncompromiseagreements.com/compromise-agreements/employment-lawyers-voluntary-severance http://www.adviceoncompromiseagreements.com/compromise-agreements/employment-lawyers-voluntary-severance#comments Tue, 13 Jul 2010 23:19:52 +0000 admin http://www.adviceoncompromiseagreements.com/?p=524 If an employee agrees to take voluntary severance, the employee may have a 3 – 6 month’s notice period.   The employee’s employment would end at the end of the notice period (‘the Termination Date’) by mutual agreement.  It is usual practice to place the employee on  garden leave up to and including the Termination Date. 

If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2010. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

]]> http://www.adviceoncompromiseagreements.com/compromise-agreements/employment-lawyers-voluntary-severance/feed 0 Employment Lawyers – Employer outsourcing http://www.adviceoncompromiseagreements.com/compromise-agreements/employment-lawyers-employer-outsourcing http://www.adviceoncompromiseagreements.com/compromise-agreements/employment-lawyers-employer-outsourcing#comments Fri, 09 Jul 2010 21:37:34 +0000 admin http://www.adviceoncompromiseagreements.com/?p=520 We were recently asked whether an employer can outsource services and make employees redundant at the same time.  As the employer is likely to be making employees redundant as a result of economic reasons (restructuring), outsourcing the services may be cheaper than having employees. However, the roles have to be matched? Are the roles the same/similar? Would retaining the outsourcing services provide a savings to the employer? If you are an employer, you have to adopt a fair criteria and have a genuine reason for redundancy to abide by the law.

If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2010. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

]]> http://www.adviceoncompromiseagreements.com/compromise-agreements/employment-lawyers-employer-outsourcing/feed 0 Compromise Agreements Employment Law – Employment Lawyers London http://www.adviceoncompromiseagreements.com/compromise-agreements/compromise-agreements-employment-law-employment-lawyers-london http://www.adviceoncompromiseagreements.com/compromise-agreements/compromise-agreements-employment-law-employment-lawyers-london#comments Mon, 05 Jul 2010 17:09:04 +0000 admin http://www.adviceoncompromiseagreements.com/?p=507 An employee is required to obtain independent legal advice. The adviser is required to give a warrant (in most cases) along the lines that:-

“ I also warrant and confirm that I am a solicitor of the Supreme Court, who holds a valid practising certificate and whose firm, [insert solicitor's firm's name and address], is covered by a policy of insurance, or an indemnity provided for members of a profession or professional body, which covers the risk of claims by the employee in respect of any loss arising in consequence of such advice that I have given to the employee in connection with the terms and effect of this Agreement.”

If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2010. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

]]> http://www.adviceoncompromiseagreements.com/compromise-agreements/compromise-agreements-employment-law-employment-lawyers-london/feed 1 Employment law Advice For Employers, Redundancies, Compromise Agreements – Offer of Employment http://www.adviceoncompromiseagreements.com/compromise-agreements/employment-law-advice-for-employers-redundancy-solicitors-compromise-agreements-offer-of-employment http://www.adviceoncompromiseagreements.com/compromise-agreements/employment-law-advice-for-employers-redundancy-solicitors-compromise-agreements-offer-of-employment#comments Fri, 02 Jul 2010 17:20:36 +0000 admin http://www.adviceoncompromiseagreements.com/?p=503 Where senior executives have been paid handsomely, they are usually required to sign a compromise agreement in which they would have to, for a period of twelve (12) months following the Termination Date,  undertake to notify the employer when an offer of alternative employment has been made and agree to provide the employer with such details of the offer as it considers reasonably necessary to apply the terms of the signed compromise agreement.

If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2010. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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