Why use an employment solicitor?

Wake Smith Solicitors 07 July 2020

Are you returning to your business after the COVID-19 lockdown restrictions have lifted and facing a host of employment issues?

Do you need support on HR and employment law as you are seeing other priorities mount up?

Briony McDermott from Wake Smith looks at why expert help from an employment solicitor makes sense.

“Whether it is for day to day queries, or you are looking for support with a Human Resources (HR) project such as a redundancy or restructure process, it is worth seeking advice on your legal position in order to avoid the potential expense of defending litigation.

“In practice, there is a lot of overlap between HR and Employment Law. HR can cover recruitment, training and development, pay and benefits and more straightforward workplace issues.

“Employment law is practised by qualified lawyers and is the legal framework which applies to the employment relationship to support HR, manage issues and to stipulate the legal rights and responsibilities of both employers and employees.

“This requires specialist and in-depth knowledge of the laws which apply to various situations and the ability to ensure that any steps taken by an employer are legally compliant.

“While HR specialists have working knowledge of employment law, if there is a dispute or the potential for a dispute, it is recommended that you take the advice of an employment lawyer to ensure that you stay on the right side of the law.”

One of the key advantages of instructing an employment lawyer to support you is that any conversations you have with your lawyer should be covered by legal advice privilege, which is not something that is available to HR consultants.

Briony added: “This means that any advice taken from a solicitor should be protected should legal proceedings ensue, however the same protection would not apply to advice taken from a HR consultant and could therefore be disclosable.

“There has been recent case law on this area so it is something that tribunals are very mindful of.”

There are additional benefits to retaining an employment lawyer, such as:

Knowledge and experience of all types of dispute resolution, including conciliation, mediation and litigation

Employment lawyers are equipped to identify ancillary issues such as commercial considerations or the potential for other peripheral legal issues

Receiving a bespoke service and building a strong working relationship with a personal contact. Many HR consultancies offer very competitive prices, but are unable to offer anything more than a one size fits all approach from a variety of advisors so there is no continuity in terms of the advice received.

Wake Smith Solicitors new WorkSense initiative offers an employment law and HR support package to businesses across all sectors.

WorkSense offers a monthly help and support subscription service providing practical, common sense advice to guide businesses through any HR issues they face.

Businesses can access highly experienced employment solicitors for assistance and advice when they need it, accurately budget for HR support services with a cost effective monthly retainer fee and keep up-to-date with the latest employment law legislation to ensure full compliance.

Other benefits include discounts on other HR and Employment law services and access to other business and individual legal services from Wake Smith Solicitors.

Wake Smith’s WorkSense fixed monthly HR retainer fee includes:

  • Document review including contract update (excluding senior staff)
  • Document review of senior staff contracts with free report
  • Document review of staff handbooks/policies with free short form report
  • Unlimited telephone and email advice during normal business hours
  • Advice, assistance and second opinions on day to day HR issues – including poor performance, absence etc.
  • Access to regular HR updating seminars and HR bulletins
  • 20% discount on other HR and Employment services falling outside of the retainer

For a free consultation email [email protected] or call 0114 266 6660.

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