Employment

Employment law is always evolving, affected by the politics of the day and the economic climate. At CWD we help both employers and employees navigate through the case law and legislation. We recognise that disputes arising in the workplace can be stressful and affect the health of individuals as well as the productivity of businesses. Our approach is to provide practical and strategic advice to ensure that our clients achieve their objectives in the most cost effective manner.

The Department is headed by Victoria Harris who has acted for a wide range of clients over 12 years in private practice. Our Employment Department can assist with both contentious and non contentious employment law issues.

For Employers our services include, advising upon the recruitment process, drafting staff contracts and handbooks, and advising on changing contracts. We regularly assist with disciplinary and grievance issues as well as advising upon restructuring programmes and dismissals. We help employers defend claims and protect their business interests as well as negotiating settlements where appropriate. The importance of keeping up to date cannot be underestimated and we send a quarterly newsletter to all our corporate clients to cover current developments. Click here to subscribe to our newsletter.

For Employees we can advise on new contracts, assist with defending disciplinary hearings or provide support when you need to raise a grievance. We can also represent you at the employment tribunal if you have been unfairly dismissed or discriminated against. We can advise upon the full range of issues that may affect your working life from the enforceability of restrictive covenants through to parental rights. We commonly advise upon Compromise Agreements and negotiate severance packages for our clients. We are always happy to offer an initial free telephone consultation to discuss your requirements.

Compromise Agreements

A Dedicated Service for Employees

If you have been presented with a Compromise Agreement you will need to seek independent legal advice.

The Solicitors at Coyle White Devine can help you to understand whether you have been presented with a fair deal or whether you could negotiate for more.

Deciding or agreeing to leave employment is always a big decision. If you do wish to explore the agreement that you have been given, we can give you peace of mind about whether it is the right course of action for you.

Examples of improvements to Compromise Agreements that we regularly secure for our clients are as follows:

A greater tax free payment
A later termination date
Clearly specified holiday pay
An agreed reference
An agreed public statement regarding your departure from the company to colleagues and customers
An increased contribution to legal expenses for having to take advice upon the agreement
A contribution to career counselling
The waiving of restrictive covenants
Confidentiality and non derogatory comments protection
The option to purchase company property
The extension of certain benefits after termination of employment, and much more

Whether the Compromise Agreement has come to you as a bolt out of the blue, or whether it is a welcome relief, we can assist you to make a professional exit from your current role. It may also be possible to benefit from our services at no personal cost to you.

For advice on your Compromise Agreement, call us today for an appointment on 08450 945 945. Appointments are available at our office or over the telephone. We will need to see your Compromise Agreement, current Contract of Employment and any other documentation relevant to your work situation.

All advice is given in strictest confidence by lawyers who specialise in Employment Law work which means that we are uniquely qualified to advise upon any Compromise Agreement presented to you.

Fit Notes

In March 2013, guidance was issued by the Government for employers, employees and doctors on using fit notes to their full potential.

The guidance states that consideration should be given by doctors by looking at what a person can do, rather than what they can't. The guidance also advises doctors on how they can give the most useful advice about what patients can do at work plus, how they can return to work assoon possible.

The fit note is about someone's general fitness for work and is not tied to their recent job. This allows flexibility to discuss what changes could help someone do some work rather than none at all.

The guidance also includes:

Improved question and answer sections based on common queries.
An explanation of how a fit note indicates whether a patient is expected to be fit for work when it expires.
Ideas for patients and employers about possible changes to accommodate the advice in the fit note, and
clarification about the legal status of the fit note in relation to sick pay (an employer can refuse to pay sick pay despite an employee having a fit note), situations where an employer cannot make any changes and non-medical problems at work.

The original guidance about fit notes which was launched 3 years ago differed from the original sick note which focused on what a patient couldn't do.