Friday, 30 January 2015

Great Employment Tribunal Result!

After 4 long days in the employment tribunal the Claimant withdrew her case after hearing only one witness from the Respondent, our client. Why? On account of  “robust cross examination” and many undisputed contradictions given in evidence that the Claimant’s credibility simply fell apart…. and rightfully so.


The tens of thousands sought? No longer a concern….. Case Dismissed


If you have an employment tribunal looming or suspect one is coming don’t hesitate to call one of the team at Team Holly Blue on 0141 280 2470.  You too can experience our willpower and fighting spirit!


 



Great Employment Tribunal Result!

Thursday, 22 January 2015

Employment Lawyer

An employment lawyer !


If you have trouble at work with your employee’s who would you call?   An employment Lawyer! Yes?   After all, a lawyer is a person who practices law through a system of rules of conduct established by the government to correct wrongs, maintain the stability of political and social authority, and deliver justice.law


On the other hand, who wants help from someone who “practices (employment) law”?   When you can have someone who is practiced in Employment legislation!  Equally why employ someone who has to stabilise political and social authority before they can deal with your issues?


What does an employment lawyer do?


An employment lawyer provides advice in all matters involving business and employees.  As the, more established generation will be aware, in the past there were very few employment rights.   The most common practice for a problem at work was a straight forward point to the “door” with little or no redress on the employer.


In fact the “Law” held employment rights in such little esteem that a traditional Law degree did not include any requirement to learn employment law, such as it was.


Now though, employment law is all the rage, everyone is doing it! Those Employment Lawyers are everywhere.  Or, are they? Employment Law is arguably the only area of Law that you can learn on the job. Great! Just what you need when you’re in an employee pickle.


The employment lawyer and straight talking!


Seriously, an employment law issue at work can be exhausting, expensive and very time consuming.  So who do you think is going to give you the advice you need? Who is going to get straight to the point of the matter? The employment lawyer who has picked up a few employment legislation tricks along the way in his or her, much more important area of law? or, the employment law consultant?


The employment law consultant has dedicated all of their learning time and know how to deal with employment related matters.  They meticulously scrutinize new legislation for all things employment related. The one thing that matters to an employment law consultant is to correct a wrong doing and achieve a remedy.


Holly Blue Employment Law consultants focus in all things employment and employment Law related.  Holly Blue Employment Law has not just picked up tricks of the qualified employment lawyer, we specialise in them.  We do not concentrate on any other area of law, we live employment law, and we pass our expertise on to you.


 Lawyer joke of the week;   a man says to his lawyer “How much do you charge for 3 questions?” The Lawyer replies “£250.00” The man asks “isn’t that a bit expensive?” “No, said the lawyer, what’s your 3rd question?”



Employment Lawyer

Team Holly Blue Employment Law Blog

Hello and Welcome !


law


Welcome to team holly blue employment law’s blog!  Home of updates, news, banter, and most probably the trials and tribulations of a day in the life of the UK business employer.


For our clients reading this, you know us well enough to recognise that we are a straight talking and hard-working team of individuals. For those of you thinking about joining us….. we are confident that you won’t be disappointed.

Clients, business owners, colleagues, HR gurus and all readers….. THIS IS MY BLOG. What you see is what you get.  This forum will be my platform for sharing my opinion knowledge and experiences, and where better to start than with Personnel Today….. You got to love them!


If you want transparency, frankness and reality (as well as relevant employment law related matters of course) then I recommend you read on and tune in.


Personnel Today posted an article which covered the case of Khan & Anor v Landsker Child Care Ltd. The article was titled “Is it gross misconduct to set up in competition to your employer?” (http://www.personneltoday.com/Articles/24/08/2012/58758/Legal-opinion-Is-it-gross-misconduct-to-set-up-in-competition-to-your.htm) Well if it is not always gross misconduct, it is VERY annoying to say the least!

Reading this article brought a knowing smile to my face, and, dare I say, a small sigh of regret. When you have been on the receiving end of misconduct it can be a painful lesson that you will never forget, nor will you easily forgive the perpetrator.


Before I expand further on the above, it is both relevant and important not to lose site of the necessary actions points from the above case.


If you are an employer you need to know (not think about) what it is that you need to do to limit the damage caused when an employee decides to set up a business in direct competition to you? Note the term limit. I say this since it is impossible to guarantee that an employee will not steal your ideas and/or solicit your client base whether or not they have a water tight expressly written contract of employment or not. Anyone that tells you differently is quite frankly lying.


If you are considering employing the services of an employment law provider choose wisely and ensure any “promise” to keep you out of an employment tribunal or protected from your employee’s can live up to the reality of today’s dynamic and plentiful area of employment law.


The bottom line of what you need is” keep costs fixed and reputation intact” as there is never a guarantee that such a service will mean that you never end up in an employment tribunal. You do off course get a great case in which to defend any such claim but that is the best you are going to get I am afraid.


What is the point then? I hear you say, well, damage limitation is the point, it is always the point. As a business owner you need the foundations in place to deter any budding employee who wishes to assert a claim of unfair dismissal or constructive dismissal against you  or who is of the opinion that they can do things better than you, and worse, use your ideas, clients and employee’s to do it.


Looking back at the article, the bottom line in the case (as in all others!) is to consider the why, and the grey area that masks the why!


For me personally, when a former client turned employee/colleague offered to help me “get my business of the ground” I did not think he meant whip it from under me. But we live and learn, albeit at a cost. The irony here of course is that this is what I protect other people from, and I did not see it coming in time to save myself.  That’s the down side. The upside is that I will NEVER fall victim to this kind of situation again, and moreover it has given me a personal insight into how I can better protect my clients.  It’s an experience you cannot buy, and, trust me; no self respecting business owner ever wants to experience this for themselves. So, everyone reading this may take comfort and have no fear, I have been there, done that, got the T shirt and you can all benefit from my harsh lesson. Every cloud and all that……..


If you need advice on anything employment related, call Holly Blue Employment Law…. HR people you can trust. 0141 212 8424



Team Holly Blue Employment Law Blog