Employment lawyers offer expert advice on a comprehensive range of legal issues relating to HR and employment law. They can be used by both employees and employers, and will provide fair, objective advice while also ensuring that contracts are legally binding.
But when should you use an employment lawyer? Whether you are an employer researching the best business practices for a given situation, or an employee keen to resolve an outstanding issue, an employment lawyer can help.
Below, we have listed five situations when it would be enormously helpful — if not crucial — to consult a qualified employment lawyer.
1. Negotiating Redundancy Packages
Redundancy packages are offered to employees being made redundant, and they can include clauses relating to payment, compensation, pensions, employer references, and more. The packages offered can vary widely depending on the circumstances, and it is important to ensure that what is offered is both fair and appropriate.
This is an important consideration whether you are the employer offering the redundancy package, or the employee receiving it. Both sides should consult an independent legal advisor and abide by their terms and advice to achieve the best possible outcome.
During an unexpected or stressful time such as redundancy, clear and fair terms that lessen any negative impacts are essential. This can be achieved with the guidance of a qualified employment law professional.
2. Termination Of Employment
A qualified legal professional can advise on all stages of the employment termination process — whether giving advice to the employer or former employee. They can help to resolve any ongoing claims or disputes, as well as mediate between the two parties.
Issues regarding the end of employment can easily become complex, stressful, and time-consuming. An employment law professional can often simplify these processes and terms by giving fair, objective, and supportive advice to both sides.
Legal professionals are trained to resolve disputes in a fair and appropriate way from an objective legal standpoint. This can be especially helpful during times of high stress and upheaval.
3. When Hiring Personnel
It is important to remember that employment law professionals are not simply for use during disputes. Their guidance and advice can often help to stop disputes from arising in the first place.
If you are an employer, for example, employment lawyers may be able to advise on the best possible business practices, so that you can create a positive workplace culture, while they can also resolve small issues before they have the chance to become serious problems.
Employment law professionals are often associated with the termination of employment contracts or redundancy packages, but in fact, they are equally helpful and qualified to advise when hiring personnel.
Employment lawyers can advise on appropriate contracts when hiring new staff, and help to set up HR departments so that they are robust, efficient, and supportive.
4. When Offered (Or Offering) A Settlement Agreement
Settlement Agreements — formerly known as Compromise Agreements — are usually used by employer and employee to agree on compensation and parting terms, instead of taking a claim to court.
It is essential that both sides know exactly what is expected of them. This is to ensure that they are never in breach of contract, and that each receive what they were promised, such as compensation, stock options, or other perks.
Settlement Agreements can be highly complex. Since understanding them is essential, seeking the advice of a qualified employment lawyer is recommended whether you are an employer or an employee.
They can negotiate a fair and positive outcome as well as guide you through any complexities in the contract, such as the confidentiality clauses that may be part of a settlement agreement.
5. During A Dispute
If a dispute arises in the workplace, it is essential to seek knowledgeable and objective advice from a legal professional. This can help to prevent things from escalating unnecessarily, or protect relevant parties from being harmed any further.
Employment law professionals can represent their clients during tribunals or other aspects of the legal process to help maintain a comfortable distance and keep things objective and professional.
Disputes between parties can often be quickly and positively resolved by involving a legal professional at an early stage of the process.