Employment Law
In the ever-changing landscape of employment law, Rubric offers bespoke, robust support to keep you ahead. Our experts ensure compliance and foster productive workplaces by skillfully handling contracts, disputes, and regulatory changes.
Employment law is a broad field that is always evolving. As one of our specialisms, our employment lawyers are readily available to address a spectrum of issues, ranging from contract formation, through to redundancies and conflict resolution.
We’re here to help protect your business and make sure it runs smoothly and fairly. Not only do we keep you on the right side of the law, but we also make sure your employees are treated fairly.
We advise on:
- Contracts and handbooks
- ACAS proceedings and employment tribunal procedure
- Business reorganisations and restructurings (including redundancy)
- Data protection issues at work
- Disciplinary issues, grievances and dismissals
- Discrimination in the workplace
- Employing foreign workers
- Health and safety at work
- Post-termination restrictions and confidential information
- Standardising terms and conditions
- Termination packages
- Trade union recognition
- Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)
- Unfair dismissal
- Whistleblowing
What makes us different?
Feeling left in the dark and unsure of where you are with your business transaction can be stressful. Rubric takes a hands-on approach to eliminate these frustrations.
Proactive communication. From instruction through to completion we will update you regularly and commit to responding to enquiries quickly. You can have peace of mind knowing when your next update is due. Read more about our communication charter here.
Transparent price structure. This will be clearly discussed before any work is started, so you won’t be left with any surprises at the end. Visit our pricing information page for detailed insights into our employment and tribunal services.
We’re all about keeping to our timeline. With our seasoned experience and efficient processes, we make sure everything runs smoothly and on time.
Looking for legal advice? Please get in touch:
An employment contract does not have to be in writing and can therefore include implied and verbal terms. However, employers are required to provide employees with a “written statement of particulars of employment” sometimes known as a “section 1 statement”. This written statement must be provided by the start of employment and includes critical details such as job description, salary, working hours, and conditions related to leave.
A section 1 statement is not necessarily a contract itself. If there is no separate written contract, a section 1 statement will be persuasive evidence as to the terms of the contract between the parties. If, however, there is a separate written contract, the section 1 statement cannot override a term recorded in that contract. The contract itself always takes precedence.
In the UK, employees are entitled to a range of fundamental rights that are designed to ensure fair treatment in the workplace. These rights include:
Right to a minimum wage: All workers have the right to be paid at least the national minimum wage or the national living wage, depending on their age.
Working hours and breaks: Workers are entitled to work no more than 48 hours on average per week, unless they choose to opt out.
Annual leave: Workers have the right to a minimum of 5.6 weeks of paid annual leave – 28 days for someone working full time. Part-time workers are entitled to the same level of holiday pro rata.
Protection against discrimination: The law protects employees from discrimination based on protected characteristics such as age, gender, race, religion, disability, and sexual orientation.
Maternity and paternity rights: Pregnant employees are entitled to maternity leave and pay, and partners have rights to paternity leave and pay. There are also provisions for shared parental leave.
Sick pay: Employees have the right to receive Statutory Sick Pay (SSP) if they are too ill to work, subject to qualifying conditions.
Health and safety: Employers must provide a safe working environment under health and safety laws.
Notice of termination and redundancy pay: Employees are entitled to notice before dismissal and may be eligible for redundancy pay if made redundant.
Right to request flexible working: Employees can make two requests in any twelve-month period to change their working arrangements.
If an employee makes a claim against your business, typically it will be taken to an employment tribunal. You’ll be notified of the claim and given a chance to respond. If the matter isn’t resolved through early conciliation or mediation, it may proceed to a hearing where both sides present evidence.
It’s crucial to consult with a legal professional for guidance and representation throughout this process.
Constructive dismissal occurs when an employee resigns due to their employer’s conduct that fundamentally breaches their employment contract, making it impossible for them to continue working.
Examples of such conduct include bullying, unilateral changes to the employment contract, or discrimination.
While a staff handbook is not legally required, it is highly recommended for any business. A staff handbook serves as a valuable resource for both employers and employees. It outlines the company’s policies, procedures, and expectations, and provides a reference point for the rights and responsibilities of all staff members. This can help prevent misunderstandings and disputes.
Additionally, a handbook ensures that all employees receive the same information about the day-to-day operations and policies of the company, promoting fairness and consistency in the workplace. It also helps new employees integrate into the company by providing all the necessary information in one place.
