Welcome to Lawson West Solicitors
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Considering the options
Many employees and workers who have been treated unfairly or denied their contractual or statutory rights often view litigation as being the only means to securing a successful outcome.
Equally, employers sometimes see litigation as the only avenue available to them to resolve a workplace dispute.
Whilst litigation is a valuable tool in our armoury and, whilst sometimes necessary, it is not the only option.
One of the first questions I ask a client is, “what is your desired outcome.” Litigation is not for the faint hearted. Whilst we strive to support our client’s litigation can be stressful and demanding of your time, resources and energy, especially for those who are struggling to manage a disability or mental health issues.
Litigation is expensive. Whilst we are happy to explore various funding options litigation requires deep pockets and holds no guarantee of success.
Litigation does not provide a timely resolution to workplace issues, often taking several months, if not years to progress to a final hearing. For those who remain in an employment relationship litigation rarely offers the pragmatic and timely resolution required.
At Lawson West we listen to what you want and ensure our services are tailored to meet your needs and desires.
Support with internal procedures
Litigation should be an option of last resort. We can support employers and employees with internal matters. We can provide advice and assistance with appeals or grievances with a view to resolving work disputes without recourse to litigation. We can provide advice regarding your legal rights and entitlements and ensure that your complaints are captured in a clear and robust manner and Acas guidelines complied with to ensure engagement and hopefully bring about a timely and amicable resolution to work related issues.
Settlement Agreements
Employers often take proactive steps to resolve workplace issues and to prevent future claims and issues arising. We can provide help and support to employers and employees when engaging in protected conversations and when proposing terms of settlement.
Terms of settlement are often contained in a contract, called a settlement agreement. It is a legal requirement for an employee to receive independent legal advice regarding the terms and effect of a settlement agreement before it can be legally binding. The costs of providing this advice to an employee is payable by the employer. Both employers and employees are well advised to seek specialist advice regarding the terms and effect of a settlement agreement to ensure that pitfalls are avoided, that may not be evident to those who are not well-practiced employment lawyers.
Negotiated exit packages
Employees often report that they have loss trust and confidence in their employer, or fear reprisal such that they feel that their continued employment is simply untenable. Where the employer has not engaged in settlement negotiations we can engage in ‘without prejudice’ correspondence with the employer and proactively scope settlement with a view to negotiating a settlement package that is favourable to you and will allow both parties a timely and dignified exit. A settlement package also has the benefit of allowing for terms that a tribunal cannot order, such as the provision of a reference and outplacement support and may also provide for compensatory payments that are exempt of deductions for tax and national insurance.
Litigation
As employment lawyers we recognise litigation has a crucial role to play. It is sometimes necessary to hold a party to account, provide open justice and closure.
As my colleague, Sejal Patel reports in her article here, we at Lawson West have extensive experience litigating in the employment tribunal and higher courts. We provide a comprehensive service to support and guide you through the entire litigation process.
Judicial Mediation is a key component of the litigation process. It affords the parties, subject to their agreement, an opportunity to scope settle at an early stage of litigation with the help and support of a trained mediator and with a view to resolving the dispute at an early stage before the parties become too entrenched in the evidence and legal issues. At Lawson West we have experience advising and representing clients at Judicial Mediation to securing favourable settlements.
At Lawson West we listen, we advise and we work with you to help you achieve your desired outcome.
Contact our expert Employment Team
0116 212 1000
Spring has finally sprung, albeit no one appears to have told the weather man. However, longer days and the prospect of a bank holiday just around the corner is enough to put a spring in our step.
So now is a good time to remind everyone of their entitlements in respect of bank holidays.
There are generally eight bank and public holidays each year in England and Wales. The Working Time Regulations, which implement the European Directive in the UK provide that workers in the UK are entitled to 5.6 weeks (i.e. up to a maximum of 28 days for those who work full-time) annual leave each year. The Regulations do not differentiate between bank holidays and other holidays and don’t prevent employers from including them in the 5.6 week minimum annual leave entitlement.
That said some employers are more generous and provide for employees to have more annual leave than the minimum prescribed by the Regulations. For example, they may provide for bank holidays to be ‘in addition’. Careful consideration of the contract of employment is required.
There is no legal right not to work on a bank holiday. In sectors such as retail bank holidays are often classed as a normal working day and the employee would need to book the day as leave in the normal way, to be allowed not to work. In other sectors the office or business may be closed, and the employee may be required to be on leave on a bank holiday. Again, this may be determined by the contract of employment.
An employee is not entitled to be paid more if they work on a bank holiday nor be given a day in lieu unless the contract provides for this.
Because most bank holidays fall on a Monday or Friday, part time employees who do not work these days could be entitled to proportionally fewer days off compared to full time employees. Employers must ensure that all employees have at least the statutory minimum annual leave entitlement and that part-time employees are not treated less favourably than full-time employees. To avoid complaint, many employers, provide part time employees with pro-rated public holiday entitlement.
Look out for contracts that use the wording, “20 days holiday, plus bank holidays.” Where the holiday year runs from April to March and the timing of Easter weekend is such that the employee could receive as many as 10 public holidays in one year and as few as six in the next. Employers need to be alive to the issue that in 2024, Good Friday is 29 March and Easter Monday is 1 April. This means the 2023/24 holiday year would have ten public holidays and 2024/25 only seven. Employers need to ensure they are paying employees their full statutory and contractual statement to annual leave.
Contact our expert Employment Team
0116 212 1000
Lawson West Solicitors has a specialist team of fully qualified solicitors who can advise and assist on all matters relating to children from the start of proceedings to the end, in a swift and cost-effective manner.
We are regularly instructed in disputes surrounding children. We acknowledge that disputes concerning the arrangements for children are stressful and a sensitive matter, when a relationship breaks down and the parents do not live together. If parents can decide between themselves who the child will live with then there is no need to formalise an arrangement. It is always encouraged for parents to try and decide together away from the courts their child arrangements, and this is also encouraged at Lawson West.
If an arrangement cannot be decided the court could order a Live With Order (previously known as Custody Order) to determine where the child will live and who the primary carer (resident parent). The primary carer makes the general day-to-day decisions concerning the upbringing of the child. However, a Live With Order for a child does not limit or remove rights of the other parent granted by parental responsibility.
Mothers have automatic parental responsibility for their children this will be the same for married fathers, and fathers that are named on the birth certificate or any person with whom the child has lived with for at least 3 years. To apply to the court for an order the party must have parental responsibility. Unmarried fathers, stepfathers and others can make a request to the court to be granted an order for parental responsibility.
There is no set formula or arrangement to how child arrangements are to be determined as every situation is unique. Some parents have differing work schedules and therefore, they are only able to spend time with their child on certain days, this would be known as a spend time with order.
Alternatively, a ‘shared care order’ is when a child spends time with both parents, for example, one week with one parent, another week with the other, the aiming being for the child to spend equal time with each parent. However, an order for shared care arrangements does not always have to be an equal division of time. Therefore, every arrangement is unique to the circumstances of the parents involved.
For more advice for your child’s change of name, please get in touch with us on 0116 212 1000 or email Fiona Wilson, Head of Family Law: fwilson@lawson-west.co.uk
