Services - Employment

Whether you are an employer or an employee, if you find yourself in need of advice relating to employment, we can help.

Our employment law team have a practical approach to both contentious and non-contentious issues, ranging from contracts of employment, policies and procedures to discrimination claims in an Employment Tribunal.

Services for Employers

• Contracts and Policy Documentation
  We regularly review contracts of employment, policies and procedures to ensure that they comply with current legislation and provide you with the framework you need to operate effectively. For example, we often draft or review disciplinary and grievance policies, maternity and paternity policies and retirement policies. As the law changes on these matters, we can ensure that your policies are kept up to date.

• Advisory/HR Services
  We advise employers on a wide range of issues, all with a view to minimising the risk of a dispute arising in the first place. For example, with regard to discipline and grievance processes, we can assist with documentation, letters, and guidance throughout the process. We also advise employers on how to carry out restructuring and redundancies, and the correct procedure to adopt when a business transfer takes place. Many aspects of employment law are focussed on ensuring that a fair process is carried out and it is therefore important that you act appropriately throughout all procedures.

• Dispute Resolution
  If a dispute cannot be avoided, we will be on hand to help you manage it. Our solicitors regularly represent clients in tribunals throughout Scotland in a variety of different types of claim, including unfair dismissal, constructive dismissal, unpaid wages and discrimination. In addition, should the claim be one which is raised in court, such as for breach of contract, we can assist by appearing for you in the Sheriff Court or instruct Advocates to appear on your behalf in the Court of Session in Edinburgh.
  
  Where possible, we will consider ways of dealing with the dispute to try and avoid a Tribunal or Court hearing. We may, for example, help you resolve the dispute in the workplace or explore an out of court settlement - whatever is in your best interests.

Services for Employees

If you have been dismissed, or find yourself in a dispute with your employer, or perhaps you are having other problems at work, we can advise on your legal rights and your options. We can guide you through any process, such as a grievance or disciplinary process.

Similarly, if you have been made redundant, we can advise on your situation and assess if your employer has acted reasonably in dismissing you.

If the matter cannot be resolved, we will advise on your options, including whether or not you have a claim which could be raised in either the Employment Tribunal or in Court. We have experience of Tribunals throughout Scotland and in Sheriff Courts and the Court of Session in Edinburgh. Where appropriate, we will work with you to explore an out of court settlement, thereby avoiding the costly and often upsetting experience of a Tribunal or court hearing.

Compromise Agreements

Our solicitors have experience of advising both employers and employees in relation to Compromise Agreements. Whether you have a voluntary severance situation, or a dispute which both parties wish to resolve without the matter escalating to a Tribunal, we can draft an agreement. Likewise, if you are an employee and you have received a draft agreement from your employer, we can advise on the terms in the agreement and your situation generally. Sometimes an employer will pay a contribution towards an employee's legal fees where a Compromise Agreement is involved and we are happy to discuss any issue of fees with you at the outset, giving you one less thing to worry about.

Training

In addition to providing advice on real life situations, we are happy to provide training on various aspects of employment law, such as dismissal and grievance processes, redundancy procedures, contracts and policies. We can also provide training which is designed to keep your business up to date on new legislation and current issues.

We are happy to provide training tailored specifically to your business needs. If you are interested in this, please contact us and one of our team would be happy to discuss your requirements.

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Dawn Robertson Partner

dawn.robertson@murraybeith.co.uk

Dawn heads up the Employment and Litigation teams within the firm, advising a cross-section of clients.

Dawn is accredited by the Law Society of Scotland as a specialist in employment law. She has extensive experience of advising and training employers on HR issues and regularly represents clients in tribunal. In litigation, Dawn adopts a practical approach to the dispute, looking for inventive and pragmatic solutions wherever possible.

Dawn is a member of the Employment Lawyers Association, the Employment Law Group and a graduate member of the British Psychological Society.

Areas of work

• Employment law
• Discrimination law
• Guardianship applications
• Debt recovery
• Contentious executries
• Commercial/contract disputes
• Property disputes

Sarah Chilton Associate

sarah.chilton@murraybeith.co.uk

Sarah is an Associate in the Employment Group, where she advises a range of clients on both contentious and non-contentious employment law matters.

Having specialised in employment law since qualifying, Sarah has experience in all areas of employment law, advising employees and employers and representing both in the Employment Tribunal, where necessary. She is committed to working with her clients to achieve workable, practical solutions for them and tailored to their needs.

With the team at Murray Beith Murray, Sarah regularly delivers training seminars to employers to keep them up to date with current developments in employment law and more specific training on some of the more complex areas of law affecting employers.

Sarah is a dual qualified solicitor, qualified in Scotland and England and Wales and can advise clients on all aspects of employment law throughout the UK. She is a member of the Employment Law Group and the Employment Lawyers Association.

Sarah also deals with other types of disputes, including contentious executries, debt recovery, contractual disputes and property matters. She represents clients in both the Court of Session in Edinburgh, and in Sheriff Courts throughout Scotland.

Areas of work

• Employment law
• HR advisory and compliance
• Discrimination law
• Employment contracts and policies
• Dispute resolution

Roderick Wylie Chief Executive

roderick.wylie@murraybeith.co.uk

Roderick is responsible for managing the firm and developing the practice, having been appointed as Chief Executive in 2004. A Chartered Secretary by profession, his main management responsibilities include HR and training, business planning, marketing, IT, office services and facilities management (including procurement). He and Gail Downes have overall responsibility for client care, including regular client care surveys, designed to check that the firm is delivering consistently responsive and reliable services to all clients.

Roderick has had significant senior management experience in the private, public and voluntary sectors and also provides a range of HR and training advice to clients through the firm’s employment and litigation team. He also participates in some of the firm’s regular seminars to clients and has recently been appointed as a Lay Member on the Education and Training Committee of the Law Society of Scotland.

Away from work, Roderick is currently Chair of the Queens Hall (Edinburgh) as well as Vice President of Making Music. He has sat on many voluntary Boards, mainly connected with music, his main interest.

Areas of work

• HR
• Training and development