However, since making the announcement, the proposals haven’t had a smooth passage through Parliament. In fact, the Government has a made a number of concessions, the most recent of which being the requirement that the employee take independent legal advice before being able to give up their employment rights and become an Employee Shareholder.

The requirement to seek legal advice is similar to the requirement to take legal advice in cases where a compromise agreement  is used. If someone intending to become an Employee Shareholder doesn’t take legal advice prior to entering in to the contract, then the agreement will be invalid.

Employers will be required to pay for the legal advice that the individual receives, which is different to the case of compromise agreements where it has become custom and practice for employers to pay the fees even though there is no legal requirement on them to do so.

The previous concessions that have been made by the Government include a 7 day ‘cooling off’ period, the requirement that a full statement regarding the shares must be given to the individual in advance, job seekers who turn down an offer as an Employee Shareholder won’t lose their benefits and employees who refuse to switch to an Employee Shareholder contract will be protected from suffering a detriment.

Following this most recent concession, it has been confirmed that the new employment status of Employee Shareholder will become law by Autumn 2013.

Bhayani Bracewell are employment law solicitors based in Sheffield and Doncaster.

For advice and assistance on any of the issues in this article or any other employment law or HR matter please contact a member of our team on 0114 272 1884 or email hello@bhayanibracewell.co.uk or download our free HR factsheets.

Employee Shareholder Status Gets the go Ahead

A staggering 42,000 Employment Tribunal claims were made in the last 3 months of 2012 – that is an awful lot of businesses having to endure the stress of defending their actions, with some of them having paid substantial damages simply because they didn’t get their preparations and procedures right in the first place.

Employment tribunals can be nerve wracking places for employers but a lot can be done to make them less so, or even keep the employer out of court in the first place. So, to help employers in the region to know exactly what to expect and how to deal with it, leading niche employment firm, Bhayani Bracewell of Sheffield and Doncaster has joined forces with one of the region’s top recruitment consultants, Brewster Pratap, and specialist employment barristers at St John’s Buildings Chambers Sheffield to bring you an exciting MOCK EMPLOYMENT TRIBUNAL. 

With claimant, respondent, witness, solicitor, barrister and judge, this MOCK TRIBUNAL will examine the anatomy of a tribunal hearing in an informative but fun way and will be followed by ‘lessons from the coalface’, with a chance to discuss the learning points and ask questions of the panel. Drinks and nibbles provided.

The event, which is part of the current series of HR Exchange Forums in Sheffield and Doncaster, will take place at Braun Medical, Thorncliffe Park, Sheffield, S35 2PW on 22 May, From 5pm to 8pm.

It is completely FREE OF CHARGE with a limited number of places available – so they will go quickly.

To make sure you get your place, contact Bhayani Bracewell now on 0114 272 1884 or email hello@bhayanibracewell.co.uk www.bhayanibracewell.co.uk

Mock Employment Tribunal 22 May 2013

Following the success of the ‘HR Exchange’ – an HR and employment forum for local businesses – niche employment firm, Bhayani Bracewell, is bringing the popular and informative forum to the charity and not for profit sector.

The CHARITY AND NOT FOR PROFIT HR & EMPLOYMENT FORUM will be held in Doncaster and Sheffield is a second collaboration with leading recruitment specialists, Brewster Pratap.  This time the dynamic duo is joined by the third sector support charities Doncaster CVS in Doncaster and Voluntary Action Sheffield (VAS) in Sheffield.  The forum will provide an essential source or HR and employment knowledge, aimed specifically at helping chief officers, managers and trustees to keep up to date with the ever changing arena of employment law.

This is a bi-monthly event in each location with the first ones taking place on 14th May in Sheffield and 16th May 2013 in Doncaster, covering employment contracts and policies including effective terms and conditions, contracts of employment and staff handbooks.

Led by award winning employment lawyer, Jay Bhayani, attendees will be able to share experiences with peers from within the sector at a relaxed and informal forum, which has been described by HR managers and directors in the region as ‘excellent’, ‘delivered with a smile’, and  providing ‘great content’ and ‘valuable information’.

Forums over the coming year will include topics such as handling difficult employees, employee management and termination of employment.

Places will fill quickly, so please ensure that you don’t miss out and contact us now to reserve a place at this unique CHARITY AND NOT FOR PROFIT HR & EMPLOYMENT FORUM. The forums take place at Bhayani Bracewell, Fountain Precinct, 4th Floor, Balm Green, Sheffield S1 2JA, and Doncaster CVS, 5/6 Trafford Court, Doncaster DN1 1PN from 12.00 noon to 2.00pm, include a light lunch, are always fun and relaxed, and crucially, in this difficult financial time for businesses, are completely free of charge.

So if you are looking for the very best employment focussed discussion and guidance available in the region – aimed specifically at the charity and not for profit sector – and a chance to contribute to the success of your organisation through enhanced HR knowledge and expertise, the CHARITY AND NOT FOR PROFIT HR & EMPLOYMENT FORUM is where you need to be.

Contact us now to book a place in either Doncaster or Sheffield.  Call 0114 272 1884 or email hello@bhayanibracewell.co.uk.

Unique HR Forum for Charities and Not For Profit Organisations

Katie was a pleasure to deal with.

Anon 25/03/2013

A pleasure to deal with.

Mr Malekout was the Respondent’s practice manager and in this role was relied upon to undertake all non-clinical administration. Mr Malekout repeatedly and falsely told the partners that the Primary Care Trust had raised no issues of concern about the practice.

As one of the partners was leaving work one day, Mr Malekout handed her a letter, asking for a formal meeting to discuss some issues that he had and stating that he had received a job offer and wanted to discuss his current employment. The partner feared that Mr Malekout would leave, sent him a letter saying that it would be in both parties’ interest if he left by the end of the month and started to look around for a replacement in the event that Mr Malekout left. She appointed Mr Kader, initially on a short term basis as a “trouble shooter”. Mr Malekout accepted that it was appropriate and beneficial for Mr Kader’s help to be provided at this stage.

After two weeks, Mr Kader began working four days a week at the practice and assumed responsibility for a number of Mr Malekout’s responsibilities. Staff and other contractors began to divert queries to Mr Kader rather than Mr Malekout, which meant that Mr Malekout had fewer responsibilities. Mr Kader identified failures in the management of the practice and it became obvious that Mr Malekout had not been completing certain tasks.

Mr Malekout was appraised for the first time in his 13 years at the practice. The appraisal highlighted that trust and communication had broken down between Mr Malekout and the practice. It was clear that the practice had serious concerns about Mr Malekout’s ability to undertake his responsibilities. Mr Malekout went on sick leave, at which point the practice undertook a restructure. A document which made reference to the good performance of Mr Kader was distributed. Two weeks later, Mr Malekout was dismissed for redundancy.

Definition of Redundancy

Section 139(1)(b) of the Employment Rights Act 1996 (ERA) confirms that a dismissal will be by reason of redundancy if it is wholly or mainly attributable to the diminishing requirements of the business for employees to carry out work of a particular kind, either in the place where the dismissed employee was employed, or within the business generally. If an employer can show that there is such a diminution and this was the reason for dismissal, then an employment tribunal will not look behind the employer’s decision or require it to justify how or why the diminished requirement has arisen.

Unfair Dismissal Claim

Mr Malekout brought several claims, including a claim for unfair dismissal. This included a claim that he had been dismissed for making a protected disclosure.  The detriment for making a protected disclosure claim was dismissal; and the tribunal therefore had to consider whether his dismissal was in fact due to redundancy. The tribunal found that at the time Mr Malekout was dismissed, the practice had two practice managers (Mr Malekout and Mr Kader) and only needed one in the future. This was therefore a diminished requirement within the meaning of section 139 of the ERA 1996, so the dismissal was for redundancy.

The tribunal considered the fairness of the dismissal. It looked at the propriety of the decision to employ Mr Kader on a permanent basis for four days a week. It concluded that the practice needed a “safety net” because Mr Malekout had threatened to leave. It found that there was no genuine redundancy consultation and held that Mr Malekout had been unfairly dismissed. However, it considered that it was inevitable that Mr Malekout’s shortcomings would have been exposed at some stage and that he would have been dismissed in any event. The tribunal reduced his compensation by 100% to reflect the inevitability of his dismissal.

Mr Malekout appealed. The Employment Appeal Tribunal dismissed the appeal, upholding the tribunal’s decision that Mr Malekout was unfairly dismissed because the decision to retain Mr Kader had been predetermined and there had been no genuine consultation with Mr Malekout.  They also upheld the tribunal’s decision to reduce Mr Malekout’s compensation by 100%.

Bhayani Bracewell Opinion

Many people considering this case may think that this was one of poor performance and should have been handled as a capability issue.  The fact that the tribunal and Employment Appeal Tribunal categorised this as a redundancy scenario makes this an interesting case. Whether this is a convincing conclusion in so far as the reason for dismissal is concerned is open to debate. On fairness, the tribunal found that the respondent had predetermined its selection of the claimant for redundancy and that the redundancy consultation was a sham. Yet a more fundamental point is that the claimant had essentially been replaced months before his dismissal by a more competent employee. Arguably this could be more appropriately categorised as a capability situation. Or, put another way, the employer engineered its own “redundancy” scenario to dismiss a poorly performing employee.

Tribunals will rarely interfere with an employer’s assessment of a redundancy situation, as employers have a wide discretion when judging their business needs. How a redundancy situation arises is not a matter for the tribunal to judge. However, redundancy must be the real reason for dismissal. This is a question of causation. In this case, the tribunal adopted a narrow approach to causation, simply looking at the moment at which the claimant was dismissed. However, tribunals do not always take such a restrictive approach to causation and they may consider events prior to notice actually being issued.

Bhayani Bracewell Services

Bhayani Bracewell are employment law solicitors and specialists in HR advice based in Sheffield and Doncaster.

For advice and assistance on redundancy, unfair dismissal,  managing capability or poor performance or any other employment law or HR matter please contact a member of our team on 0114 272 1884 or hello@bhayanibracewell.co.uk or download our free HR factsheets.

Redundancy of Poorly Performing Employee

Taylor Bracewell is a dynamic and forward thinking legal firm with offices in Doncaster and Sheffield. Established for over 100 years, we have weathered the drastic changes in the legal landscape and have emerged as one of the most vibrant and respected law firms in the region. Introducing radical changes in the way we deliver our services and innovative new ways of working have helped us to offer something different to the legal market, creating a growing success – and that has meant exciting times for our staff, many of whom have been with our firm for their whole career.

If you want to contribute to the success of a growing firm, which embraces contemporary working methods, whilst at the same time respects the tradition of a happy and healthy working environment which provides security, job satisfaction and a place to fulfil your own ambition to succeed – then we are looking for you.

Our clients love us – and we are sure you will do too.

THE ROLE

This is a varied and exciting position – we are sure you will never find a dull moment in it!

We are looking for someone very special who can drive the development and implementation of our marketing strategy and assist on the HR aspects of managing our practice.

Market research, database management, web site and social media management, advertising, PR content production, dealing with agencies and press/publicity contacts and organising events are some of the marketing activities you will carry out.

Your HR role will see you creating and maintaining essential records, managing and developing support staff and monitoring, measuring and reporting on all HR issues.  General every day management of the office, including health and safety issues and dealing with equipment will also be part of your role.

This is a full time position Monday – Friday, with 4 days spent in Doncaster and 1 in Sheffield, but the role requires a person with ability to work flexibly. The position is available immediately.

THE PERSON

We are looking for a strong, self-motivated, decisive, confident and multi-skilled team player, able to manage and inspire staff, whilst having the creative and innovative flair that will help us to take our marketing to the next stage – enhancing our reputation as ‘the solicitors of choice’ in our region.

Experience of working in a similar position is desirable, but in particular, a substantial amount of marketing experience is necessary for this role, with a good knowledge of marketing and PR techniques. Strong writing skills are essential, as well as an excellent knowledge of Microsoft packages, great IT skills and the ability to participate in presentations.

Being excellent at people management: diplomacy and communication will be one of your key skills along with the initiative to deal with matters independently.  This role will suit someone with outstanding organisational ability.  CIPD and/or MCIM membership is desirable.

APPLICATION

An application form must be completed for this position and should be accompanied by your CV. For a full job description,  person specification and application form please email laura@taylorbracewell.co.uk or alternatively click here>>

For a confidential discussion about this role, please contact our Managing Partner, Sharon Beck, on 01302 640408 or email sharon@taylorbracewell.co.uk

Closing date Monday 20 May 2013

NO AGENCIES PLEASE

Vacancy – Practice Manager

Vicky qualified as a solicitor 20 years ago and has specialised in wills, probate, administration, powers of attorney and Court of Protection work for the last 6 years.  Hailing from Derbyshire, Vicky is well known in the area for the high quality of her work.  When not at work, Vicky likes to spend time with her son and walking – that is when she is not following her passion of attending live rock music gigs!

Stephen is a probate lawyer with 15 years’ experience who, along with his work involving wills, trusts, probate, powers of attorney and the Court of Protection, has particular expertise in dealing with trusts for disabled people and personal injury trusts, and regularly receives referrals from other solicitors due to his expertise.    Active in his local community, Stephen is vice chair of the board of school governors at a local primary school and provides administration for the John Tomlinson Charity, which provides Almshouses.  A keen football fan, he is also a referee for an under 7s football team in which his son plays.

Head of Taylor Bracewell’s personal law team, Peter Caswell, says “I am delighted that Vicky and Stephen have joined us.  They are highly regarded in the region and will complement the team in our new offices in Fountain Precinct perfectly, bringing a wealth of experience and expertise to our clients in Sheffield.”

Wills and Probate specialists join Taylor Bracewell & Bhayani Bracewell Solicitors

Steve is a solicitor who qualified in 1999 after a long career in mining, working as a coalface fitter and where he was the NUM branch official for Armthorpe and chairman of the South Yorkshire panel of NUM branches.  He has specialised in residential property work since 2007.  A keen football fan, Steve follows local teams and chairs the football section of the Armthorpe Miners Welfare.

Richard is a property lawyer with 38 years’ experience and has dealt with the whole spectrum of property work, including sales, purchases, re-mortgages, transfers of title and deeds of gifts.  Having spent his whole career working in South Yorkshire, he is very well known in the area and highly respected for his work by the public and professionals alike.

Chartered Legal Executive, Mark, became a Fellow of the Institute of Legal Executives in 2006 and has specialised in residential property work for 13 years, covering the same range of work as Richard, above.  Again, well respected in the region, Mark is well known in the area for his keen, efficient and conscientious conveyancing work and client care.  A keen sportsman, Mark plays cricket and will run the Lincoln 10k run in a couple of weeks’ time – good luck Mark.

Head of Taylor Bracewell personal law team, Peter Caswell, says “I am delighted to welcome Steve, Mark and Richard to our new offices in Fountain Precinct, Sheffield .  They come at a time when the housing market appears to be moving slightly at last and I am really looking forward to their contribution to the continued success of our conveyancing department.”

Property trio joins Taylor Bracewell & Bhayani Bracewell Solicitors.

The HR Exchange is back! Following on from last years successful events we have planned a programme for 2013/14. The forum provides a great opportunity to gain valuable information relating to HR and employment law from our experts, and to network with your peers across various industry sectors. The meetings take place at the Aston Hotel in Sheffield and Wharf House Doncaster from 12-2pm. Attendance is free and lunch is included.

This year we have collaborated with St Johns Buildings barristers chambers to bring you a Mock Tribunal event on 22 May 2013 (time and venue to be confirmed).

Feel free to circulate the flyer to anyone working in the field of HR. All welcome but places are limited so book early.

We look forward to seeing you all there.

HR Exchange 2013 / 2014

Jay was able, and willing to take in the whole picture of my circumstances, and to help me down the path I wanted to go – even though it might not have been her initial response to the situation.

Jay’s wording in written documents to my employers achieved a very positive but amenable tone.

H Lewis – 06/03/2013

I got the outcome I needed.