Negotiating a senior executive package

Recruiting the right senior executive can be an immense benefit to a company if they bring the right mix of skills, experience, and contacts to the business. It is not uncommon for the recruitment process to include some informal occasions, at which terms, conditions and incentives might be discussed.  Failing to capture such casual agreements and to spell them out in detail in the employment contract can lead to problems down the track if there is a misalignment of understanding.  ‘Remuneration packages and contractual terms for senior executives can be complex. So, investing time and resources in the negotiations and in setting out the agreed terms is well worth it’, according to Kalpesh Nakeshree, Head of Employment Law with Ware & Kay Solicitors.  ‘Not doing so can prove costly, damaging to the business or the individual’s…

Employment Law Newsletter July 2022

This article covers: 1. Early Conciliation: How to Avoid the Employment Tribunal 2. Part-Time Workers Rights 3. “Wellness” in the Workplace 4. Was Dismissal of Employee Fearful of Covid-19 Fair 1. Early Conciliation: How to Avoid the Employment Tribunal The obvious route to avoid the employment tribunal is for employees and employers to discuss workplace issues as they arise and to resolve them before they become disputes. However if informal workplace conversations or more formal approaches such as a grievance procedure don’t work, employers can find themselves facing a claim in the employment tribunal. The question is, how to avoid the claim being heard, in public, in the employment tribunal. Before commencing a claim in the employment tribunal the employee must inform Acas – please note strict time limits apply at every stage so don’t delay…

Summer 2022, employment law update

This year’s Queen’s Speech was surprisingly light on employment law developments, with the omission of the long-awaited Employment Bill. However, the last few months have seen a couple of announcements from the Government regarding the future of work, data protection, exclusivity clauses and the menopause which employers need to be aware of, and tribunal and Employment Appeal Tribunal decisions continue to provide interesting reading, including decisions in the context of Covid-19. Kalpesh Nakeshree, Head of Employment Law with Ware & Kay, provides a round up of recent developments for employers. Whatever happened to the Employment Bill? The Employment Bill was proposed in 2019, and the Government has indicated several times that it would bring in changes such as extending redundancy protection for new parents and pregnant women and a new right to neonatal leave, as well…

Employers - let’s talk about pay

The subject of pay is always a hot topic and requires sensitive handling. Employees feel they need more, due to the rising costs of living, or believe they deserve more due to increased responsibilities or experience.  Meanwhile, employers are under pressure to cut costs while seeking to attract the best people with an attractive package.  ‘These conflicting tensions sometimes make it difficult to strike the right balance, so employers need to take care when looking at setting pay levels to ensure that your business is not vulnerable to a claim relating to equal pay or discrimination,’ says Kalpesh Nakeshree, Head of Employment Law with Ware & Kay. ‘There are a number of ways in which employers can avoid creating these risks and ensuring staff feel fairly treated when it comes to pay.’ Kalpesh highlights the risks…

Know the Laws of Menopause

Having a basic understanding of menopause and how best to support and be supported is in the interest of both employers and their staff. Although the menopause usually occurs between the age of 45 and 55, this is not always the case.  Due to a number of different factors a person can begin menopause earlier or later in life. Every person’s experience is different, so there is no right or wrong way to experience menopause. Menopause can also have an effect on colleagues in the workplace, for example if you notice that a co-worker’s behaviour is changing or they seem more forgetful. Menopause is a very natural part of life and being able to talk about this openly at work can really help break the stigma around it. A simple check-in with your colleague or a…

Investigating employee misconduct: how to get it right

‘Being dismissed for misconduct can have a devastating impact on an employee’s future job opportunities,’ says Kalpesh Nakeshree, Head of Employment Law with Ware & Kay. ‘Before fairly dismissing someone for misconduct, employers must be able to show that they reasonably believe that the employee is guilty of misconduct. A fair investigation is the cornerstone of a fair process and for establishing that it was reasonable to believe that the employee was guilty.’ Kalpesh explains how to get investigations right.   First things first, check your procedure Employers should have a disciplinary procedure that complies with the Acas Code of Practice on disciplinary and grievance procedures. If the dismissal results in an employment tribunal claim, the tribunal will assess whether you followed the code. If not, the dismissal is likely to be unfair and damages awarded…

5 amazing facts about UK employment law

Did you know that the right to a statutory maternity payment is so enshrined within UK employment law that it is even payable where the employee is dismissed for gross misconduct? Once the eligibility criteria for statutory maternity pay is met the employee is entitled to receive it for up to 39 weeks. This is even if the employee is made redundant, leaves the job, is dismissed for gross misconduct or if a fixed term contract comes to an end at any time after the 15th week before the baby is due. Statutory sick pay is payable for up to 28 weeks. However, did you know that if an employee comes back to work for 8 full weeks having been off sick for 28 weeks then he/she would be entitled to a renewed…

Porn at Work

Ralph had worked for his employers for 5 years He was part of the IT support at his employer, had a clean record and had even been employee of the year. However one day his world came crashing down when he was suspended and invited to an investigation meeting by his employer for: ‘’Inappropriate use of company property. In particular you have used the work laptop for none work purposes, namely watching pornography during work time. Breach of the company IT policy. In particular, accessing and downloading pornographic material onto the work laptop. The company alleges that the above allegations constitute gross misconduct.’’ So, what would be the correct approach by an employer in this scenario? Amongst the many weird and wonderful cases this is a scenario that I have found myself advising on. The employer…

So, you want to grow your business?

Family businesses have traditionally relied on what previous generations have always done in order to make a well-earned living. However, as the behaviour of the everyday consumer changes so have these once traditional enterprises. Many have already realised the benefit of technology, with the internet and mobile telecommunications at the heart of business growth.   However, have you ever thought about that next step? Scaling up? Taking on new employees so you can readily meet the new demands of your customers? What are the key employment law considerations when such growth happens?  In this article Kalpesh Nakeshree, Head of Employment Law at Ware & Kay Solicitors in Wetherby, York and Malton touches on some of the more pertinent points to consider: Contracts of Employment Family who work for you could still be employees and in…

Sex Discrimination

Sex Now that I have your attention…you find yourself curiously reading on and, for that, I thank you. Did you know that Sex is one of many protected characteristics contained within the Equality Act 2010? These characteristics are: Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion of belief, sex and sexual orientation. Essentially this means that individuals who have these characteristics and feel discriminated against because of these characteristics may have rights and claims against not only their discriminators but even those who are responsible for those perpetrators e.g. an employer. The topic of discrimination is expansive and each characteristic would merit an article in its own right. However, in this piece I want to touch on the characteristic of ‘sex’ and how this impacts the workplace. Q. What is the…