How an employment solicitor can help your business
When the success of your business is dependent on the work of your employees, the advice of an employment law firm is essential.
Early consultation of an employment solicitor can prevent problems arising that would disrupt the efficient operation of your business and cost you money. An ongoing relationship with an employment solicitor, meanwhile, can provide a safety net for when things do go wrong.
TakeLegalAdvice.com has therefore collated the opinions of a panel of employment solicitors who act on behalf of employers in a range of industries, to provide you with an outline of the service available to your business.
What type of work you will need an employment solicitor for
“The sad reality,” says employment solicitor Jane Mann (right), the head of department at London-based Fox Williams, “is that these days you need to consult an employment solicitor regarding any management action.”
Mann, who has clients in retail, fashion, sports, printing and technology, says that issues an employment solicitor would be involved in include dismissals, disciplinary and grievance procedures and drafting of contracts and policies. An employment solicitor’s advice would also be required for actions such as restructuring, outsourcing and M&A.
On the other hand, an employment lawyer can also play a preventative role , says Jonathan Mansfield (left), a founder of employment solicitors Thomas Mansfield. On a retainer arrangement, an employment solicitor can be available to talk through problems as they arise and help spot the signs of trouble ahead.
What to look for in an employment solicitor
Andrew Smith (right), a partner at employment solicitors Child & Child, identifies the ability to give “decisive commercial advice” as the key quality of an employment solicitor. An employment solicitor should be prompt in their responses to your concerns and should be easily accessible, available at the end of the phone.
It is a complicated area of law and Jane Mann says it is important that your instruct an employment solicitor who is able to give their advice in simple, commercial terms. She says you will need an employment solicitor who will hone in on the key areas and is able to advise you on whether it is financially worth pursuing a course of action.
Jonathan Mansfield also strongly recommends that you approach a specialist employment solicitor. A specialist will be far better equipped than a generalist solicitor or a non-qualified advisor to advise your business. As a practical area of law Mansfield also suggests it is helpful if your employment solicitor has previous experience in your business area.
To ensure that your employment solicitor does build up such a practical knowledge of your business, Jane Mann says it helps to maintain an ongoing relationship. This includes updating them on the documentation you use and the type of work you deal with. A visit to your office may also help.
Andrew Smith emphasises the importance of keeping orderly records for your employment solicitor. including recording details of meetings and saving emails. On a similar note he advises against committing to paper or sending by email any comments that you would not want read out in court.
As with all areas of law Smith also reminds employers that it is important to “take legal advice sooner rather than later.”
According to Jane Mann it should be easy for your employment solicitor to give an accurate budget for things like handbooks and contracts. She says that employment solicitors can also usually give a good idea of how much a dismissal will cost as long as it is not disputed.
Once a matter does go to litigation, however, it can be harder for your employment solicitor to be accurate over costs. Your employment solicitor should be able to give a range of possible outcomes but Mann warns that that it is still “one of the most uncertain areas of law to predict.”
Jonathan Mansfield says it is particularly difficult at the early stages and your employment solicitor will often have to “wait for matters to crystallise.” Once they do you should usually be able to get a good risk assessment. He does warn that it is still not an exact science and occasionally something can throw off your employment solicitor’s predictions.
Click here to read 'Using commercial solicitors'
Click here to read our guide on employment solicitors for employees
Early consultation of an employment solicitor can prevent problems arising that would disrupt the efficient operation of your business and cost you money. An ongoing relationship with an employment solicitor, meanwhile, can provide a safety net for when things do go wrong.
TakeLegalAdvice.com has therefore collated the opinions of a panel of employment solicitors who act on behalf of employers in a range of industries, to provide you with an outline of the service available to your business.
What type of work you will need an employment solicitor for
“The sad reality,” says employment solicitor Jane Mann (right), the head of department at London-based Fox Williams, “is that these days you need to consult an employment solicitor regarding any management action.”
Mann, who has clients in retail, fashion, sports, printing and technology, says that issues an employment solicitor would be involved in include dismissals, disciplinary and grievance procedures and drafting of contracts and policies. An employment solicitor’s advice would also be required for actions such as restructuring, outsourcing and M&A.
On the other hand, an employment lawyer can also play a preventative role , says Jonathan Mansfield (left), a founder of employment solicitors Thomas Mansfield. On a retainer arrangement, an employment solicitor can be available to talk through problems as they arise and help spot the signs of trouble ahead.What to look for in an employment solicitor
Andrew Smith (right), a partner at employment solicitors Child & Child, identifies the ability to give “decisive commercial advice” as the key quality of an employment solicitor. An employment solicitor should be prompt in their responses to your concerns and should be easily accessible, available at the end of the phone.
It is a complicated area of law and Jane Mann says it is important that your instruct an employment solicitor who is able to give their advice in simple, commercial terms. She says you will need an employment solicitor who will hone in on the key areas and is able to advise you on whether it is financially worth pursuing a course of action.
Jonathan Mansfield also strongly recommends that you approach a specialist employment solicitor. A specialist will be far better equipped than a generalist solicitor or a non-qualified advisor to advise your business. As a practical area of law Mansfield also suggests it is helpful if your employment solicitor has previous experience in your business area.
How you can assist your employment solicitor
To ensure that your employment solicitor does build up such a practical knowledge of your business, Jane Mann says it helps to maintain an ongoing relationship. This includes updating them on the documentation you use and the type of work you deal with. A visit to your office may also help.
Andrew Smith emphasises the importance of keeping orderly records for your employment solicitor. including recording details of meetings and saving emails. On a similar note he advises against committing to paper or sending by email any comments that you would not want read out in court.
As with all areas of law Smith also reminds employers that it is important to “take legal advice sooner rather than later.”
How much will your employment solicitor cost?
According to Jane Mann it should be easy for your employment solicitor to give an accurate budget for things like handbooks and contracts. She says that employment solicitors can also usually give a good idea of how much a dismissal will cost as long as it is not disputed.
Once a matter does go to litigation, however, it can be harder for your employment solicitor to be accurate over costs. Your employment solicitor should be able to give a range of possible outcomes but Mann warns that that it is still “one of the most uncertain areas of law to predict.”
Jonathan Mansfield says it is particularly difficult at the early stages and your employment solicitor will often have to “wait for matters to crystallise.” Once they do you should usually be able to get a good risk assessment. He does warn that it is still not an exact science and occasionally something can throw off your employment solicitor’s predictions.
Click here to read 'Using commercial solicitors'
Click here to read our guide on employment solicitors for employees
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