When should business owners contact an Employment Lawyer?
Before hiring employees
Are you wondering when you should contact an employment lawyer? Many employment issues arise because contracts and agreements were not properly drafted from the outset. This is where an employment lawyer can help businesses prepare:
- Contracts of employment
- Service agreements for directors and senior managers
- Restrictive covenants
- Company policies and procedures
Having clear and legally compliant documentation reduces the risk of disputes and ensures expectations are properly communicated.
When updating employee handbooks and policies
Employment legislation and workplace expectations continue to evolve. Staff handbooks and policies should be reviewed regularly to ensure they remain legally compliant.
This includes policies covering:
- Equal opportunities
- Bullying and harassment
- Flexible working
- Sickness, Absence and Sick Pay
- Disciplinary procedures
- Grievances
- Whistleblowing
- Anti-corruption and ethical guidelines
- Confidentiality
Regular reviews can help demonstrate compliance and reduce legal risk.
During redundancy or restructuring consultations
Restructuring and redundancy exercises can be particularly sensitive areas of employment law.
If your business is considering:
- Workforce reductions
- Organisational restructuring
- Changes to employee roles
- Department closures
It is recommended that you seek legal advice before implementing any changes.
Failure to follow the correct procedures may result in unfair dismissal claims, discrimination allegations, or costly Employment Tribunal proceedings.
Before disciplining or dismissing an employee
One of the clearest examples of when should I contact an employment lawyer is before making the decision to discipline or dismiss an employee. Employers should seek advice if they are considering disciplinary action or dismissal due to:
- Poor performance
- Misconduct
- Capability concerns
- Long-term sickness absence
- Redundancy
A employment solicitor can help ensure the correct procedures are followed and reduce the risk of unfair or wrongful dismissal claims.
When buying or selling a business
Business acquisitions and transfers often trigger TUPE (Transfer of Undertakings Protection of Employment) regulations. TUPE can create significant obligations for employers and affect employee rights.
Legal advice is essential whenever a business is:
- Bought or sold
- Merged with another organisation
- Subject to outsourcing arrangements
- Experiencing service provision changes
Understanding your responsibilities before a transaction takes place can help avoid unexpected liabilities.
When should an employee contact an employment lawyer?
Have you been discriminated against?
Discrimination in the workplace can occur on various grounds, including:
- Race
- Sex
- Pregnancy and maternity
- Religion or belief
- Age
- Disability
- Sexual orientation
If you feel you have been treated unfairly because of a protected characteristic, it is important to obtain legal advice as early as possible. An employment lawyer can assess the strength of your case and explain the options available.
Are you facing disciplinary action?
Many employees make the mistake of waiting until they have been dismissed before seeking advice.
If you have received:
- A disciplinary invitation
- A formal warning
- Allegations of misconduct
- Notice of a capability process
You should consider speaking to an employment law specialist immediately. Early advice can help you understand the process and ensure your rights are protected.
Is your employment being terminated?
Termination of employment can have significant financial and professional consequences.
You should seek legal advice if:
- You are being dismissed
- You are being made redundant
- You are offered a settlement agreement
- You have been asked to resign
- You feel forced to leave due to workplace treatment
An experienced solicitor can review the circumstances and determine whether your employer has followed the correct process.
Are you subject to restrictive covenants?
Senior employees and directors are often subject to contractual restrictions after leaving employment.
These may include limitations on:
- Working for competitors
- Soliciting clients
- Recruiting former colleagues
- Using confidential information
If you are changing jobs and are concerned about the enforceability of restrictions, legal advice should be sought before taking your next step.
Do you wish to make a protected disclosure?
Whistleblowing, formally known as making a protected disclosure, involves reporting wrongdoing within an organisation.
Examples may include concerns about:
- Illegal activities
- Financial misconduct
- Health and safety failures
- Regulatory breaches
- Corruption
Employees who make protected disclosures have legal protections, but these cases can be complex. Seeking advice before raising concerns can help ensure the correct procedures are followed.
When should you contact an employment lawyer? Before there is a crisis!
The most important message when asking “when should I contact an employment lawyer?” is that legal advice is often most valuable before a problem becomes a dispute.
Employers who receive advice at an early stage can avoid expensive claims, protect their reputation, and maintain productive workplace relationships. Employees who act promptly can better understand their rights and put themselves in the strongest possible position.
In many cases, a short consultation at the beginning of an issue can save substantial time, cost, and stress later.
Blake-Turner are employment lawyers, how can they help?
At Blake-Turner Solicitors, we provide practical and commercially focused employment law advice to both employers and employees.
Led by Rupert Farr, our Employment Department advises on:
- Contracts of employment
- Service agreements
- Handbook and policy reviews
- Redundancy and restructuring
- Employment termination
- Discrimination claims
- Restrictive covenants
- TUPE matters
- Whistleblowing and protected disclosures
- Unfair and wrongful dismissal
Whether you are facing an immediate employment issue or simply want to avoid future problems, obtaining specialist advice at the right time can make all the difference.
If you’re wondering, “when should I contact an employment lawyer?” the answer is usually sooner than you think.
To discuss your situation, contact Rupert Farr or get in touch with the Blake-Turner Employment Team today.