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Business Profile

Gardner Leader

OVER the last year, Newbury solicitors Gardner Leader have expanded their employment team with the addition of solicitor Julie Taylor.  With employment issues becoming more and more difficult for employers to keep under control, effective and practical advice has never been more important.
Julie Taylor explained: “We act for a wide range of employers and are able to help them in a number of ways. 
“Often it is simply a question of a quick telephone enquiry to ensure that they are on the right track – in many cases taking the time to do this can make a big difference to the employer. 
A simple mistake by the employer at the beginning can potentially lead to a large liability later.”
“For others, we prepare the various agreements and procedures which all employers should have in place.  While some might see this as unwelcome red tape, most businesses now recognise that having the right systems and procedures in place is key to getting the best out of their employees and making expensive tribunal claims less likely. 
“The documents range from simple statements of key employment terms to detailed contracts for senior employees, as well as procedures covering disciplinary matters, maternity rights, retirement and so on.  For some employers we have put in place fixed fee arrangements which cover both the preparation of such procedures and the provision of general ‘helpline’ advice on a day-to-day basis.”
Most of the advice Gardner Leader provides to employers is aimed at ensuring they do not end up in employment tribunals, but inevitably there are times when this cannot be avoided. 
“Where companies do face a tribunal claim,” Julie Taylor continued, “they need clear advice about what it is going to cost, what their chances of winning are and what their potential liability might be. 
“Fighting a case to the death is often not the best approach and we help clients to review all the options before deciding what the best solution is.”
Employers will often also need advice if they are considering the possibility of dismissing someone, whether that is because of their behaviour or performance or, in the current uncertain economic climate, for redundancy. 
“In this situation,” said Julie Taylor, “the most important thing is for employers to take advice right at the start, before they do anything.  There are many pitfalls and some cannot be rectified later. 
“It is vital that certain procedures are followed and that proper care is taken.  Failure to follow some aspects of the required procedure can lead to a dismissal being automatically unfair (and to enhanced awards) even if there is a perfectly good reason for ending the employment.”
It is often possible for employers to reach agreement on an agreed package for any employee whose employment is being ended.  In such situations, a compromise agreement is recommended to ensure that there can be no further claim against the employer and to avoid any arguments later about what has actually been agreed.
“Our aim is to help employers observe the requirements of employment law in a way that helps their business rather than hinders it,” said Julie Taylor.
“We encourage them to contact us early and are always happy to be on the other end of the phone.  Where an employer does not know what their requirements are, we are happy to have an introductory meeting at no cost, to outline various options.”

Julie Taylor
Gardner Leader Solicitors
Market Place
Newbury
Tel: (01635) 508108