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Employment Law Advice

Employment Law Advice

The governing of any employer/employee relationship, is covered by employment law, and it spans a hugely diverse range of subjects. However, the common goal is to protect the rights of employees and provide guidelines covering employer’s duties and responsibilities. From the initial vacancy advertised by an employer, to terminating the contract of an employee, employment law plays a role.

Since 2000, Sketchley Solicitors have been offering advice on all matters appertaining to employment relationships, and our team have successfully dealt with hundreds of cases, including:

  • Boardroom disputes
  • Breaches of contract
  • Tupe transfers
  • Bullying and harassment
  • Discrimination and equal opportunities
  • Self employment
  • Grievances and disciplinary matters
  • GDPR
  • Hiring and termination of contracts
  • Maternity and paternity rights
  • Workplace stress
  • Unfair dismissal

Frequently appearing at the Employment Tribunal, either with, or on behalf of, clients, we not only advise but support our clients through the whole process from their initial appointment to the conclusion. Members of our team also specialise in workplace mediation, which can often resolve disputes, allowing the parties involved to move forward with their relationship, and thus avoid going to the Tribunal.

Staff Employment

There are strict rules and guidelines governing the employment of staff, and it is essential to understand these in order to avoid any adverse claims. Once recruited, the new staff member must have a contract that sets out the terms and conditions governing their employment, and access to the company handbook.

The handbook should detail the obligations and rights between the employer and employee, and make clear what is required and permissible. This can avoid many problems which may, otherwise, develop between the parties involved.

However, there are problems that occur which can be unavoidable, and for these we recommend seeking legal advice in order to deal with the matter appropriately. Maybe the new employee is not suitable for the role, takes an unacceptably lengthy absence due to sickness, or commits an offense for which disciplinary action is necessary.

Mediation

Many workplace disputes can be eased, if not solved completely, through mediation, and this is often the recommended course of action, prior to approaching the Employment Tribunal.

Mediation is voluntary and completely confidential, and involves an impartial third party guiding the individuals, or groups, to reach a mutually satisfactory solution. Without making any judgements, or determining the outcome, the mediator will ask questions that seek to uncover the problems, assist the parties understand the issues, and help them to clarify their options for a favourable resolution.

It is advisable that mediation be started as soon as possible, thus avoiding either party’s position becoming entrenched.

The Employment Tribunal

The Employment Tribunal is an independent judicial body established to resolve disputes between employers and employees. Less formal than a court, and open to the public, the Tribunal upholds the various acts relating to employment, including:

  • Employment Rights Act 1996
  • Equality Act 2010
  • Trade Union and Labour Relations (Consolidation) Act 1992

Evidence is given under oath, and there is due procedure to adhere to.

Generally, the case will be presided over by an employment judge, a representative of the employer, and a representative of the employee, and it is these three who, together, make the final judgement.

Making a claim to the Employment Tribunal can seem an incredibly daunting prospect, however with Sketchley’s experts to guide and advise you, it could not be simpler. The majority of cases are successfully resolved before they reach the Tribunal stage.

Sketchley Solicitors

Through our retainer arrangement, we can check your employment contracts, and the contents of your Company handbook. We also offer a 24 hour telephone helpline, allowing you access to expert advice before you are required to take any action relating to your staff. Retainer clients benefit from a reduction on our hourly rate if we are carrying out work on your behalf. This provides a substantial saving, and with our advice, you are unlikely to go before the Employment Tribunal.

At Sketchley Solicitors we strive to find you the most cost effective solution, and we are always aware of the impact an Employment Tribunal hearing may have on an employer, and their business, and fully discuss this with you before proceeding.

If you would like further details, please contact us.

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The Difference Between Corporate Law and Commercial Law

The Difference Between Corporate Law and Commercial Law

As an established and successful law firm of nearly 20 years, Sketchley Solicitors offer expert advice on both Corporate Law and Commercial Law.

 

Corporate Law

Also known as Business, Enterprise or Company Law, Corporate Law is the branch of law that pertains to companies, and their structuring. It governs the formation, managing and conduct of companies, and includes such matters as reorganisation and restructuring, shareholder rights, mergers and acquisitions. It also covers the rights and obligations of the individuals involved in setting up, financing and running the company.

Sketchley’s corporate solicitors can offer their expertise on large scale, complicated cross-jurisdictional transactions, right down to the everyday running of a company, whilst keeping abreast of the latest legislative and regulatory developments.

 

According to The Global City, 40% of all global corporate arbitrations use English corporate law as the main body of law. As companies become more globalised, Corporate Law has had to broaden its horizons to cover, for example, global capital markets, and our solicitors also have wide reaching international expertise. No two corporate transactions are the same and all should be handled on an individual basis, so teamwork, sharing a common objective, is an essential part of Sketchley Solicitors.

 

We offer a unique package for our Corporate clients by providing the services of an in-house solicitor, working within your company for an agreed amount of time per month, who is on hand to advise and answer your questions whenever necessary.

 

Commercial Law

Commercial Law is the branch of law that regulates and governs commercial transactions and business deals. For example contracts, insurance, imports and exports, and banking all fall under Commercial Law.

The Sale of Goods Act 1979 is the primary statute, and the foundation for the rules governing trade. However, depending on the matter in question, other laws have to be considered. It is, therefore, crucial to be aware of all the latest developments and amendments pertaining to these laws and regulations.

We offer a full commercial package, including:

  • Data Protection
  • Commercial Conveyancing
  • Dispute Resolution
  • Supply and Distribution Agreements
  • Terms and Conditions

As with Corporate Law, Commercial Law has to be handled on a case by case basis, and our expertise allows us to confidently manage your Commercial Law requirements.

Sometimes a case can fall under both Corporate and Commercial Law, and as a result, our solicitors are practiced in working together, delivering the best advice to lead you and your company to a favourable conclusion.

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What is Employment Law?

What is Employment Law?

Covering a broad spectrum, Employment Law governs the relationship between employer – be they manager or business owner, and employee. Whether part of a small firm, or a big cog in an even larger corporate business, if there are employees, there is Employment Law. It’s a frightening fact, but employees can represent both the highest cost and the highest risk for most businesses, so it is important to factor this into your plans.

Employment Laws cover the rights, duties and obligations of both employer and employee, and as such offers protection to both parties. From advertising vacancies, through to the cessation of employment, this area of law needs an agile mind to deal with any potentially contentious issues, such as boardroom disputes or unfair dismissal. A solicitor specialising in Employment Law must be well equipped to handle the good, the bad and the ugly aspects of human nature.

Fortunately, we also regularly handle non-contentious cases, such as drafting contracts, reference checks, and health and safety regulations.

Here at Sketchley Solicitors, our experts provide specialist advice on all matters pertaining to Employment Law, including:

  • Breach of Contract
  • Bullying, Harassment and Discrimination
  • Data Protection (GDPR)
  • Maternity and Paternity Rights
  • Public Interest Disclosure and Whistleblowing
  • Stress
  • Mediation
  • Redundancy

We offer a free initial telephone consultation, which can be followed by further office based discussions. Our solicitors regularly appear in front of the Employment Tribunal on behalf of clients, and will always work hard to achieve a better-than-satisfactory outcome.

Please note, however, that any claims need to be brought to the Tribunal within three months, less a day, or you could lose the right to claim. Prior to that, though, The Advisory, Conciliation and Arbitration Service (ACAS) should be approached for mediation between the two parties. ACAS are required to issue a certificate to this effect before you can make your claim to the Employment Tribunal.

With Employment Law legislation changing or being amended all the time, it can appear a minefield. Our specialists remain constantly alert to these developments in order to guide you through the pitfalls towards the outcome you desire.

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Employment Law Solicitors Near Me

Employment Law Solicitors Near Me

Having nearly 20 years of Employment Law expertise under our belt, we have dealt with every industry you could possibly imagine, and our cases cover the whole gamut of situations that could ever arise between employer and employee. Although our field has widened to include such areas as Equine Law, Conveyancing, Corporate and Commercial Law, our passion always was, and still is, Employment Law.

Employment is an area of life that few are in a position to avoid, and as such, there is a need for experienced solicitors that specialise in this particular field.

Every employer is required by law to fulfill certain obligations towards their employees, and vice versa. There are due processes to follow right from advertising a vacancy to terminating a contract and beyond, including such matters as:

  • Disputes
  • Harassment, Discrimination and Equal Opportunities
  • Maternity and Paternity Rights
  • Breach of Contract, Non Disclosure Agreements and Whistle Blowing
  • Unfair Dismissal

Dealing with cases from both perspectives – employer and employee, we have handled non-contentious and contentious cases, mediation through ACAS (The Advisory, Conciliation and Arbitration Service), and supported clients through the Employment Tribunal process, or appeared on their behalf.

Serving Warwickshire and the West Midlands, including Coventry, Stratford and Leamington Spa, our main offices are based in Honiley, Warwick, with easy access via road or public transport.

We also operate a nationwide consultancy service for areas such as Employment Law, so you have access to expert legal advice wherever you are located.

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Conveyancing Fees Explained

Conveyancing Fees Explained

Don’t make transferring property any harder or more expensive than it has to be.

What is Conveyancing?

Conveyancing is the branch of law pertaining to the transfer of property from one owner to another, encapsulating the entirety of the legal and administrative process necessary to ensure that a property purchase is valid under law.

Both the seller and the buyer will require a conveyancing solicitor, approaching the transaction from their respective sides. Although more complex, the process can, essentially, be broken down into two stages. The exchange of contracts happens first, and is when the term of the deal are fixed, followed later by the completion, where the legal title passes from the seller to the buyer.

Our Conveyancing Solicitors have been successfully guiding property buyers and sellers for almost 20 years. As experts in their field, they cover every stage of the process, including:

  • Equity Release
  • Deeds
  • Land Registration and Property Boundaries
  • Joint Tenancies
  • Re-Mortgages
  • Right to Buy
  • Transfers of Land following Divorce or Probate

Conveyancing Fees

Despite the professional’s extensive training and knowledge, DIY conveyancing is possible and you will have heard of people carrying this complex legal process themselves. However, although you may save a little money, the risks are potentially far costlier, in monetary value, but also the huge amount of stress involved, and if something goes awry, the fees can quadruple, as can the stress levels. Please note, too, that DIY conveyancing is not possible if a mortgage is involved.

Our experts can make the buying and selling process easy for you, dealing with unforeseen occurrences with confidence and assurity, and ensuring that all due processes are followed correctly.

Conveyancing fees consist of both the solicitor’s legal fees and the conveyancing disbursements that have to be paid to a third party for services. These include, for buyers, property and local authority searches, and stamp duty, and for sellers, the land registry search.

As a rough guide, the average UK property buyer pays approximately £1000 in conveyancing fees, excluding disbursements, which, apart from stamp duty, tend to be a set price. For a seller, the fees are still approximately the same, however, there are far fewer disbursements to consider.

Buying and selling property can be a nightmare of searches, legalese, and stress, but why not allow Sketchley’s team of experienced conveyancing solicitors to take all the hassle out of moving. After all, you have enough on your plate already.

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