HR & Employment.

Ongoing employment advice is one of the most effective ways to reduce the risk of tribunal claims, because most claims arise from situations that could have been handled differently with the right advice at the right time. Ongoing support reduces risk by: ensuring contracts, policies, and procedures are sound and up to date, providing a proper foundation; ensuring that significant decisions — particularly dismissals, disciplinaries, and redundancies — are handled fairly and follow the correct process, including the ACAS Code of Practice; catching potential problems early, when they can still be addressed, rather than after a claim has been threatened; ensuring decisions and the reasons for them are documented properly at the time, creating the contemporaneous evidence that is so valuable if a claim is later brought; and training and supporting managers to handle difficult situations correctly. Because the fairness of the process is so often decisive in employment claims, having advice available before and during key decisions — rather than after the event — significantly reduces both the likelihood of claims and the exposure if one is brought. Prevention is far cheaper than defending a claim.

Complaints of bullying, harassment, or discrimination require particular care, both because of their sensitivity and because of the legal stakes. These investigations must be handled promptly, impartially, and confidentially, with sensitivity to all those involved — the complainant, the person complained about, and any witnesses — who may find the process distressing. The investigator must be genuinely impartial and alert to the possibility of discrimination. Handling such complaints properly is also a compliance issue: since October 2024, employers have been under a legal duty to take reasonable steps to prevent sexual harassment of their workers, and from October 2026 that duty strengthens to taking all reasonable steps, with employers also becoming liable for harassment of their staff by third parties such as customers and clients. A tribunal can increase compensation in a successful sexual harassment claim by up to 25% where the employer has failed to meet the duty. Investigating complaints thoroughly and fairly — and acting on the findings — is part of meeting these obligations and protecting both staff and the business. We advise employers on handling sensitive complaints and on the steps needed to meet the harassment duty.

A fair redundancy process rests on getting both the substance and the procedure right. In outline, a fair process involves: establishing that there is a genuine redundancy situation; identifying an appropriate pool of employees from which selection will be made; applying fair, objective selection criteria; consulting properly with the affected employees — individually, and collectively where the numbers require it; considering suitable alternative employment within the business; and confirming the redundancy and dealing with notice and payments only after the process is complete. Throughout, decisions and the reasons for them should be documented at the time. Fairness of process is critical: a dismissal can be found unfair even where there was a genuine redundancy, if the procedure was not fair — for example, if consultation was inadequate or selection was not objective. Following a proper process protects both the affected employees and the business. Because the requirements are detailed and the consequences of getting them wrong significant, employers should take advice before starting a redundancy process. We guide employers through each stage to ensure the process is fair and defensible.

Approaching a settlement conversation requires care, because how it is handled affects both the prospects of reaching agreement and the employer's legal position. Key principles include: prepare properly, being clear about the objective, the proposed terms, and the rationale; choose the right person and setting for the conversation, handling it sensitively and professionally; be clear but not coercive — pressure or threats can undermine the protected status of the conversation and damage the relationship; explain that the employee is free to take time to consider and to obtain independent legal advice; and follow up in writing with the proposed terms. Crucially, the conversation should be structured to benefit from the legal protections available — a protected conversation under the relevant legislation, or a without prejudice discussion where there is an existing dispute, so that the discussion cannot generally be used against the employer in a later claim. Getting the approach right makes agreement more likely and protects the business. Because the way the conversation is conducted carries legal consequences, taking advice before opening settlement discussions is sensible. We guide employers on how to approach and conduct these conversations.

Handling a disciplinary issue fairly means getting both the substance and the procedure right. The essential elements of a fair disciplinary process are: establishing the facts through a reasonable investigation before any decision is made; informing the employee in writing of the allegations and the possible consequences; holding a disciplinary hearing at which the employee can respond to the allegations and put their case, accompanied if they wish; reaching a decision based on the evidence and applying a sanction that is reasonable in the circumstances; confirming the outcome and the reasons in writing; and offering the right of appeal. Throughout, the employer should act consistently, keep an open mind until the hearing is complete, and document each step. Following a fair process matters not only because it is the right thing to do, but because an unfair process can make a dismissal unfair even where the underlying concern was justified. The ACAS Code of Practice sets the standard that tribunals expect employers to follow. We guide employers through disciplinary processes to ensure they are fair, consistent, and defensible.

The first priority on receiving a tribunal claim is to act quickly, because strict time limits apply. The key first steps are: note the deadline for responding — your business generally has 28 days from the date the claim (the ET1) was sent to file its response, and missing this can result in a default judgment; read the claim carefully to understand what is being alleged and on what basis; gather and preserve all relevant documents and information, including the employee's file, contracts, policies, correspondence, and any records relevant to the allegations; avoid taking any action that could be seen as victimisation of the claimant if they are still employed; and take legal advice promptly, as the response sets the foundation for the defence and is difficult to amend later. Do not ignore the claim or assume it will go away. Early, organised action — understanding the claim, preserving evidence, and getting advice — puts your business in the strongest position to defend the claim effectively or to resolve it on acceptable terms.

Collective consultation obligations arise where an employer proposes to make 20 or more employees redundant at one establishment within a period of 90 days or less. In that situation, the employer must inform and consult appropriate employee representatives (a recognised trade union, or elected representatives) in good time, and at least: 30 days before the first dismissal where 20 to 99 redundancies are proposed; or 45 days before the first dismissal where 100 or more are proposed. The consultation must be genuine and undertaken with a view to reaching agreement on ways of avoiding or reducing the redundancies and mitigating their effects. The employer must also notify the Secretary of State. Getting collective consultation wrong is now more costly than ever: from 6 April 2026, the maximum protective award a tribunal can make for failure to consult collectively doubled from 90 to 180 days' gross pay per affected employee. This significantly increases the financial exposure of a flawed process. Further reform to the threshold is expected in 2027. Because the stakes are high, employers facing collective redundancies should take advice early. We guide employers through the collective consultation process.

Restrictive covenants are clauses in an employment contract that restrict what an employee can do after their employment ends — typically to protect the business when an employee leaves. Common types include: non-compete clauses, preventing the former employee from working for a competitor for a period; non-solicitation clauses, preventing them from approaching the employer's clients or customers; non-dealing clauses, preventing them from dealing with clients even if the client approaches them; and non-poaching clauses, preventing them from recruiting the employer's staff. Restrictive covenants are enforceable only so far as they go no wider than is reasonably necessary to protect a legitimate business interest — such as client connections, confidential information, or workforce stability. A covenant that is too wide in scope, duration, or geography will be unenforceable, as the courts will not enforce a restraint that simply prevents legitimate competition. Because enforceability depends on the covenant being carefully tailored and not excessive, restrictive covenants must be drafted with care and reviewed when an employee is promoted or changes role, as a covenant that was reasonable for one role may not be for another. We draft and review covenants to maximise their enforceability.