EMPLOYMENT
LAW
At Gifford Cairns, we provide tailored advice on employment law to both employers and employees. We act for businesses seeking to mitigate risk and comply with legal obligations, and for employees requiring advice on their rights, entitlements, or on potential claims.
For Employers
Our work for employers focuses on preventing disputes before they arise. We help businesses prevent legal claims by drafting tailored employment contracts, settlements, and non-disclosure agreements. We also regularly review company policies and procedures to reduce the risk of disputes or discrimination.
Where a dispute has already arisen, we advise on dismissals, disciplinary procedures, redundancy, and provide representation for employers in Employment Tribunal proceedings.
Employer Services
Contract Drafting
A well-structured employment contract is essential for defining the rights and responsibilities of both employers and employees. We provide professionally drafted employment agreements that are customised to reflect your business’s policies and regulatory requirements.
Our contract drafting services include:
- Preparation of employment agreements for full-time, part-time, and freelance employees
- Compliance with labour laws and industry regulations
- Inclusion of essential clauses, such as terms of employment, termination conditions, confidentiality, and restrictive covenants
- Review and revision of existing contracts to ensure alignment with current legal standards
A properly drafted contract reduces the risk of disputes and establishes clear expectations, fostering a productive and legally compliant work environment.
Legal Compliance Checks
Ensuring that your business is compliant with employment laws is crucial for avoiding costly legal issues. Our employment legal compliance check service provides a comprehensive review of your company’s employment policies, procedures, and contracts to identify potential legal risks.
Key areas of review include:
- Employment contracts and policies
- Disciplinary and grievance procedures
- Workplace policies, including discrimination, harassment, and equal opportunity compliance
- Termination procedures and redundancy policies
- Employee benefits and entitlements
Following the review, we provide a detailed report with recommendations on necessary updates and best practices to strengthen your legal framework and minimize potential liabilities.
Non-Disclosure Agreements
Confidentiality is a critical aspect of business operations, particularly when sharing sensitive information with employees, contractors, or business partners. Our legal team drafts enforceable NDAs to protect your intellectual property, trade secrets, and proprietary business information.
Our NDA services include:
- Drafting legally sound non-disclosure agreements for employees, contractors, and third parties
- Customization of confidentiality clauses to align with your business needs
- Advice on enforcement strategies to ensure compliance
- Updates to existing agreements to reflect changes in regulations or business requirements
By implementing a well-drafted NDA, businesses can mitigate the risk of unauthorized information disclosure and safeguard their competitive advantage.
Settlement Agreements
A Settlement Agreement is a formal, legally enforceable contract used to resolve a dispute between two or more parties. It’s a negotiated agreement that typically allows parties to avoid the time, expense, and uncertainty of litigation. By entering into a settlement agreement, all parties agree to resolve the matter based on mutually accepted terms, without pursuing further legal action.
Solicitors play a vital role in ensuring that a settlement agreement is fair, legally sound, and in the best interest of their clients. we provide essential legal advice, ensuring that clients understand their rights and obligations, and assist in drafting and reviewing the terms of the agreement to ensure that it is comprehensive and enforceable. Solicitors also offer invaluable support if any issues arise during the execution of the agreement, ensuring that all terms are properly fulfilled.
For Employees
Our work for employees involves advice and representation in response to workplace issues. We advise on your prospects of bringing a claim for constructive dismissal, discrimination, redundancy, or unfair dismissal, and provide representation for employees in Employment Tribunal proceedings.
We also provide sector-specific advice on employee rights across a range of industries and employment settings.
Employee Services
Constructive Dismissal
An employee can claim for constructive dismissal if they resign because of an employer’s serious breach of contract, making their continued work for them untenable.
Examples include, harassment, bullying and failure to pay wages.
Discrimination
You are legally protected from discrimination through the Equality Act 2010. It is against the law to discriminate against your employees based on:
- Marriage
- Disability
- Age
- Sex
- Pregnancy
- Religion
- Race and National Origin
If your employer fails to:
- Take steps to stop discrimination
- Make sure they do not discriminate themselves
- Look after the wellbeing of their workers
You may have a claim for discrimination.
Employee Rights
Your employer must do the following to prevent you from claiming against them:
- Pay the agreed salary
- Provide a safe work environment
- Provide adequate rest breaks
- Pay for expenses
- Follow the law
- Maintain reasonable behaviour in interactions with you
- Adhere to GDPR
- Comply with regulations on the gender pay gap.
The Employment Rights Bill
There are major changes to the law in 2025. Here are the key ones:
Unfair Dismissal – Protection for employees is set to apply from day one (no two-year qualifying period). A new period may be imposed, we will report on this when it arises.
Tribunal Time Limits –The time limit for bringing most Employment Tribunal claims is set to increase from 3 months to 6 months.
Harassment – There is a legal duty on employers to take all reasonable steps to prevent sexual harassment. Employers will now be liable for third-party harassment (e.g. customers or contractors). Reports of harassment are also going to qualify for whistleblowing protection.
Zero-Hours and Irregular Hours Contracts – Workers regularly working more than contracted hours must be offered guaranteed hours.
Flexible Working – You will have a right to request flexible or remote working. However, flexible working is not a right.
Employers must justify their refusal of flexible working as “reasonable” and explain their reasoning.
Statutory Sick Pay – Employees will enjoy an entitlement from day one. Lower earners are set to receive 80% of weekly earnings.
Gender Equality Reporting – Employers with 250+ staff will have to publish action plans on mitigating pay gaps and providing menopause support.
FAQs
Why as an employer do I need to be aware of employment law?
All businesses have a general duty of care toward their employees, which is established through a comprehensive framework of employment law governing the employer-employee relationship.
This legal framework outlines the obligations of employers, the rights of employees, and the standards that must be upheld in the workplace. It also provides employees with formal avenues to raise concerns or make claims when necessary.
Given the significant impact of employment law on business operations, it is essential for employers to fully understand their legal responsibilities to ensure compliance and foster a fair and lawful working environment.
What does employment law mean in business?
Employment law is a comprehensive set of regulations designed to safeguard employees’ rights in the workplace while ensuring their health, safety, and well-being.
It also establishes clear guidelines for employers, defining their obligations to employees and providing a structured framework for resolving workplace disputes. This legal framework enables employees to seek redress for breaches of their rights while also protecting employers from unfounded claims.
Employment law governs many potentially complex and contentious areas, providing a structured legal framework that ensures both employers and employees understand their rights, responsibilities, and the mechanisms available for dispute resolution.
Why do I need a solicitor to conduct an employment compliance check for my business?
An employment legal compliance check is a thorough review of your business’s employment policies, contracts, and workplace practices to ensure compliance with UK employment law. Having a solicitor conduct this check provides expert insight, reduces legal risks, and helps protect your business from costly disputes.
Why do I need a solicitor to draft employment contracts for my business?
A solicitor ensures your contract is legally compliant, protects your business interests, and prevents disputes. They can create clear, tailored terms that meet your needs and stay up-to-date with changing laws. Having a solicitor helps avoid costly legal issues and ensures both parties understand their rights and obligations.
Why do I need a solicitor to draft a non-disclosure agreement for my business?
A solicitor ensures your NDA is legally binding, tailored to your specific needs, and covers all necessary terms to protect your confidential information. They help prevent loopholes and ensure the agreement complies with current laws, reducing the risk of legal issues in the future.
Why do I need a solicitor to negotiate and draft a settlement agreement?
A solicitor ensures that the settlement agreement is legally sound, protects your rights, and accurately reflects the terms of the agreement. They help negotiate favourable terms, prevent future disputes, and ensure compliance with the law, providing you with peace of mind throughout the process.