Employment Law Protection
Employment Law is not just an ever changing area, but for many employers, especially those whose businesses are relatively small, it is actually potentially a minefield. Employers are becoming increasingly more fearful of taking on new staff, as legislation makes more onerous the lives of those of us who are employers.
There is no doubt that legislation is required to protect employees from unscrupulous employers, and also to assist employers in the running of their business in a fair and consistent manner.
However, many business owners feel that the legislation that has come in, in recent years has favoured the employee too much, and the employer too little and so leaves them open to exploitation by employees with their eyes to the main chance.
The time taken by employers to ensure that the correct policies and procedures are in place is time away from providing a service to their clients and customers, and may therefore have an effect on profitability.
However conscientious or responsible an employer is, if a procedure is not followed to the letter of the law, that small omission or error can be exploited and lead to a claim against them costing hundreds or even thousands of pounds. This cost has been known to be the demise of many a business, resulting in loss not only to the employer, but also to other employees by the actions of one.
So how can they protect themselves?
They could spend hours and hours trying to keep abreast of the legislation or they could ask us to help them.
There are lots of businesses out there also offering to help you. So why us?
Because we can offer something which is that little bit different, to those others.
The businesses around can provide you with documents and advice and insurance against claims.
Sounds fine.
Some however, will want you to enter into a 5 year contract and that might not be convenient or appropriate.
When you ring up, you go through to their call centres; they will usually take your details and arrange for one of the legal advisers to ring you back.
The advice required may be ongoing, but there is no guarantee that you will speak to the same person every time and there is no guarantee that these advisors are qualified and regulated.
Insurance is provided, but these policies often include cleverly constructed get out clauses, leaving you believing that you are covered for the costs of a claim, only to receive a large bill at the end, because the insurance has not covered it after all.
So what can we offer? An alternative.
We have set up an Employment law Protection Scheme along with Albion Legal. This consists of three core components:
1. An Audit (Healthcheck)
We will review your current policies and practices, so that we can get to know your business and to ensure that you are compliant with current legislation. If you are not we will provide you with details of any action that you should take and the costs involved. If you have no written policies or procedures in place, we can write these for you.
2. Advice
We can provide you with expert advice, by direct access to unlimited advice from a qualified employment lawyer.
This ensures that matters are handled correctly from the outset and if you insure against claims, you are fully covered, as long as you follow the advice given. We can provide this advice in two ways:
You like the idea of making a monthly payment for advice, no problem, we can provide you with an Advice Line. The agreement is for a year. Just like the HR firms but remember the difference you will be given the name of the solicitor who is dedicated to looking after your business and that person’s secretaries details and that is who you will deal with. If they are on holiday, you will be informed and advised as to who to speak to in their absence, who will have knowledge of your business and any advice which has been given to date. No call centre, no being passed from one person to another, someone there for you, who you can develop a relationship with and trust.
Or:
If the thought of making monthly payments does not appeal, because you rarely have any issues, then we can provide you with the same service, access to a solicitor dedicated to your business, but on an ad hoc basis. Here you pay for the advice as and when it is given. The billing is agreed with you at the outset. We usually suggest every two hours, on request, or at our year-end. The billing is based on our usual hourly rates.
Insurance
An optional extra is that we can arrange for a bespoke insurance policy, one that fits your needs. We are authorised to manage claims by the insurers involved. The policy fits with our services and pays the costs of an employment dispute, covers settlements and the cost of awards. This minimises your exposure to unexpected financial loss and helps you to budget for all your employment and HR needs.
If the insurance premium is over £1,000, a deposit of one third can be paid upfront, with the balance by 9 monthly instalments. The premiums are broadly related to your payroll.
By way of example:-
The premium for an office based Company, with a wage roll of £1,250,000, with a £500 excess would cost in the region of. £1,500 TO £3,750.00, depending on whether you want the policy to cover the award or settlement only, or to include legal costs from receipt of the ET1 or from the receipt of a grievance.
Similarly Builders with a wage roll of £850,000, with a £500.00 excess would cost in the region of £1,500 to £3,600, again dependant upon the cover requirements.
Cost
If you take out this insurance, our costs, the costs of any settlement and or any award are covered, immediately as long as you follow our advice. Put simply, we offer you a service provided by professionals, which helps you to budget for and as far as possible cap your employment costs, because remember as Samuel Butler said:
“In Law nothing is certain but the expense”
And Oliver Wendell Holmes pointed out that
“This is a Court of Law, young man, not a Court of Justice”
So to summarise by way of rhyme: -
Haworth Holt Bell is our name
Employment Law is our game
To help employers is our aim
You can call us on the phone
At times of need you’re not alone
We’ll guide you through the legal maze
That seems to have you in a daze
If you find an employee’s brought a claim.
Then please just remember our name
We’ll help you to respond in time
And with insurance that won’t cost you a dime
All you need do is take our advice
And the insurers will then pay the price
So if this scheme appeals to you
Then you know what you must do.
Just give us a call.
