Employment Law

H3 Solicitors services to charities and not-for-profit organisations include the following employment law services:

    • Contracts of employment

Recognising that each business is unique, we work closely with you to draft a contract that is tailored to your needs, while also satisfying your legal obligation to provide all employees with a written document within two months of starting employment.

      • Staff Handbook

Communicating effectively with your employees helps to promote a happy work environment, which in turn leads to increased productivity and loyalty. A key part of this process is to get the right documents in place, so it is not so stressful, time consuming or costly when things go wrong. Our handbook contains over 40 policies and forms to help advise employees what is and is not expected of them.

        • Work and Families Handbook

Employees rights in relation to maternity, paternity, parental and adoption leave, flexible working and time off for dependants continue to evolve and change during 2014 and 2015. This handbook is a useful reference tool for both you and your employees, setting out their statutory rights and includes helpful forms in the appendices.

          • Fixed fee drafting package

We aim to help you get the right documents in place in a cost effective manner. Our fixed fee drafting package is £750 plus VAT and includes a contract of employment tailored to your needs, covering letters, and both the handbooks for you to tailor yourself. We can help you tailor the handbooks for an additional fee if preferred.

            • Volunteers

Many charities engage the services of unpaid volunteers but to ensure there is no dispute regarding their status within the business, we can help set out their terms in a written document. This will include your obligation to obtain a DBS check before they can start volunteering.

              • Self-employed

Determining whether an individual is self-employed or an employee can have a significant legal impact. Having a written agreement confirming their status is not as an employee, and outlining the key responsibilities of each party in respect of the payment of tax, provision of equipment, delegation of work, holidays and sick pay and termination arrangements, leaves you less vulnerable to a tribunal claim or interrogation by the taxman.

                • Disciplinary issues

One of the main areas where businesses are typically exposed to an employment tribunal claim is failing to adhere to the correct procedures and the ACAS Code. Such failure can result in what would otherwise be a fair dismissal becoming unfair. We provide hands on assistance to guide you through such procedures to leave you less exposed to a claim.

                  • Grievances

Having a happy work environment can lead to increased productivity and loyalty. When employees raise concerns we help you try to resolve these to return to the status quo and avoid the employee resigning and suing you. Failing which, making sure the correct procedure is followed is essential for defending any claim.

                    • Redundancies and restructures

The key to any redundancy procedure is to ascertain, from the outset, what is required and why. By talking this through together at an early stage, we can help you put together the right business case for your future needs, outline any pitfalls, discuss all possible solutions and guide you through the required procedure.

                      • Business transfers

When involved in the sale or purchase of a business, taking over or losing a service contract or outsourcing part of your business, the Transfer of Undertaking Regulations (TUPE) may apply. The Regulations are complicated and the employees affected will always be a crucial part of the deal. We can help you through your liabilities and obligations, including the requirement to inform and consult with those affected.

                        • Discrimination

Discrimination claims have consistently increased in recent years, partly due to the fact that unlike unfair dismissal claims, there is no limit on the damages which can be awarded and there is no minimum qualifying period. The law is complicated and we can help advise you on the best course of action to deal with any allegations promptly.

                          • Settlement Agreements

A Settlement Agreement is used to record the settlement of a dispute between an employer and employee. It can be used as a means of bringing an employee’s employment to an end without the need to go through time-consuming procedures, or as a means of settling disputes after termination. However, careful drafting is essential to ensure they accurately reflect what has been agreed and meet the legal requirements.

                            • Tribunal proceedings

Where matters reach an employment tribunal stage, we can provide hands on assistance, advice on prospects and guide you through complying with the appropriate stages and directions. Taking advice quickly is essential as you only have 28 days from receiving the claim form to respond.

                              • Training, seminars and workshops

Prevention is better than the cure. We can help provide a range of services to businesses who feel that they, their managers or employees, may benefit from training and education on their obligations and the correct procedures to approach. Services range from providing and implementing policies and procedures, to more formal training, interactive seminars or workshops.

The above list is not exhaustive, so if there is another service you require, please do not hesitate to contact us.

  • Charity registration
  • Restructuring
  • Governance and constitutional issues
  • Trustees' duties and responsibilities
  • Mergers and joint working
  • Commercial contracts
  • Company law and company secretarial
  • Regulations and compliance
  • Strategy and sustainability
  • Funding