Miles Herman is a clever, understated lawyer who is at the top of his game.
It is important to distinguish policy and procedure from terms and conditions of a contract of employment, as the latter can only be amended through mutual consent of both parties. An employer will, therefore, enjoy flexibility in continually updating their policies if needs be. It is highly advisable to consult an Employment Solicitor to assist in drafting workplace policy in order to establish these distinctions.
These policies are mandated by statute, and it is unlawful for an employer to operate a business without them.
By virtue of the Health and Safety at Work Act 1974, an employer who employs five or more individuals must procure a written health and safety policy. The policy should outline who is responsible for ongoing risk assessment, fire and electrical safety and issuance of a workplace manual. The employer’s policy should try and adhere to the 1974 Act and subsequent regulations “so far as is reasonably practicable” in order to avoid sanction.
The employer’s policy must facilitate ongoing training for employees and management staff.
The Employment Rights Act 1996 mandates that employers provide on demand a written copy of the terms and conditions of their employment contract, including any process for handling grievance procedures. The written statement should include:
Company directors are entitled to copies of their service agreements at their registered office.
It is not unlawful for an employer to fail to have these policies in place but it will leave them vulnerable to claims before the employment tribunal, which can result in penalties being awarded against the employer over and above any compensation to the employee.
Codes of practice produced further to the provisions of the Equality Act 2010 recommend that employers have equal opportunities policies in place, covering discrimination at work on the basis of protected characteristics. These include race, age, gender, sexual orientation and religion. Such policies are not legally binding on the employer but they do serve to guard the employer against claims brought by an employee before the employment tribunal.
An equal opportunities policy should indicate its aims, and designate managerial staff responsible for enforcing its provisions. It should outline which types of discrimination based on protected characteristics are prohibited, and present the business’ complaints procedure if discrimination has occurred. If employees themselves embark on discriminatory conduct, the sanctions that will be imposed by the employer will be noted.
The policy should cover instances where discrimination occurs, most notably dismissal, contractual terms and conditions, pay and benefits, training, redundancy and recruitment.
An employer must act reasonably when bringing disciplinary proceedings against an employee, and having a clear policy for the employer to adhere to will shield them against claims they acted unreasonably in sanctioning or subsequently dismissing the employee.
A disciplinary policy should outline the three key stages of investigation, disciplinary hearing and potential appeal against a decision of the employer. If an employer has an ongoing performance review procedure in place, this must be carried out in a non-discriminatory manner.
A policy can never seek to punish employees or workers for whistleblowing on business activities that potentially entail criminal activity or obstruction of justice.
The Data Protection Act 1998 provides core principles for handling employee’s personal data, including accuracy, relevancy, retained for lawful purpose and for longer than necessary. If an employer does handle personal data, they must inform the UK’s Information Commissioner’s Office. The employer must have a clear, detailed and transparent policy in place for the gathering and use of personal data.
In accordance with the Regulation of Investigatory Powers Act 2000, an employer can only intercept employee communications where their express consent or implied consent is provided. The Telecommunications Regulation 2000 does permit monitoring without consent, but only pursuant to regulatory authority or for the prevention of crime.
Through the Human Rights Act 1998, the guarantees of the European Convention on Human Rights are incorporated into UK domestic law. This means that employees can bring claims based on case law of the European Court of Human Rights.
The European Court of Human Rights has interpreted Article 8, encompassing the right to privacy, as requiring that employers distribute information technology policies. The Court has also held that personal correspondence, including emails, sent from the workplace externally could only be monitored if explicit warning was given to staff.
An employer should be aware of developments in the field of human rights law and continually update their policies in accordance with any changes.
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Miles Herman is a clever, understated lawyer who is at the top of his game.
Richard McConnell carried out conveyance for my family on 4 London flats, 1 sale and 3 purchases. In each instance he was excellent. The attention to detail and communication throughout the process was perfect. I have recommended Richard to several family members and friends who have been extremely pleased. I would have no hesitation in using Richard McConnell and Lewis Nedas in the future should the need arise.
I wanted to take the opportunity as well to thank you for everything that you have done on this case. The result that we got on Monday will have a massive positive impact not only on my life but the lives of all my family including that of my own son. I personally was struggling to hold back the tears when the sentence was being delivered by the judge and I know my father and sister felt the same too. It must be fantastic to work in a way that can have such a positive impact on people’s lives and I want you to know how much it all means to us all. Thanks a million and good luck with all that you do going forward.
Lewis Nedas advised me in a serious case of insider dealing. The lead solicitor dealing with my case was Jeffrey Lewis, who impressed me with his quick grasp of the very complex circumstances. His in-depth knowledge of how the City really works and his long experience of serious financial crime gave me great confidence. But it was also his friendly and supportive attitude, and readiness to take calls (or return them promptly if he was in court) which was very reassuring. I was delighted with the positive result of the case, and the speed and efficiency with which it was handled.
Lewis Nedas Law Limited, led by Jeffrey Lewis, is known as ‘an exceptional firm with a strong team of talented and expert criminal lawyers’. The practice offers a wide range of high-end legal services, including on cases concerning espionage, terrorism, and murder. Siobhain Egan has strong experience in multi-jurisdictional matters; recent highlight engagements concern organ trafficking and terrorism financing, among other matters. Unan Choudhury is noted for his work regarding espionage and murders, while Keith Wood is an expert in High Court contempt proceedings which arise from criminal activity. Other key figures include Miles Herman, who represents clients in complex litigations.
Hands on partner involvement leading a dynamic team who like to think out of the box. Results driven. Clear strategies. They can go toe to toe with the big “City” firms.
