Employment Lawyers for Employers in Glasgow & Edinburgh

• Getting the contract of employment and policies right
• Intellectual property protection
• Restrictive covenants and post-termination restrictions

• Handling employee personal information
• Monitoring employee communications and activities
• Subject Access Requests and data breaches
• Social media use and technology in the workplace

• Avoiding discrimination
• Equality, diversity and inclusion
• Gender pay gap reporting
• Making reasonable adjustments

• Employee benefits
• Wages and national minimum wage requirements
• Working time regulations – the complexities of paid annual leave
• Working time rules relating to rest periods and rest breaks and maximum working hours

• Employee or worker or self-employed?
• We can review and draft your documents and advise on the risks

• Managing difficult employees
• Managing employee absence – long term / short term absence
• Industrial relations, collective bargaining and strike action
• Workplace grievances
• Whistleblowing claims and complaints

• Redundancy and restructuring
• TUPE transfers under the Transfer of Undertakings Regulations 2006

• Employment references
• Interview questions to avoid!
• Recruitment best practice
• Risks arising in the recruitment process and the need for reasonable adjustments

• Breach of contract, resignation and constructive dismissal
• Protected conversations and Settlement Agreements
• Redundancy and lay-off
• Termination of employment, dismissing and exiting employees
• Unfair and wrongful dismissal

• Employment law training for managers and/or staff

• Experienced in defending all types of claim
• We will fight your corner and represent your organisation throughout the proceedings
• Transparency about costs
• Commercial advice about the pros and cons of settlement

• Creating compliant employee handbooks
• Disciplinary procedures – misconduct / serious misconduct / gross misconduct
• Flexible working requests
• Managing performance – Performance management processes / performance improvement plans
• Updating workplace policies to reflect current laws
• Workplace Policies and Handbooks

Employers must follow a fair and transparent process when dealing with grievances. This usually involves meeting with the employee to discuss their concerns, investigating the complaint, providing a written outcome and a right of appeal. Keeping clear records and following your internal procedures helps minimise risk of claims.

To reduce the risk of an unfair dismissal claim, employers should follow a fair disciplinary process. This includes investigating the issue, holding a disciplinary hearing, allowing the employee to respond, and providing the right to appeal. The reason for dismissal must be fair and supported by evidence.

When making redundancies, employers must consult with affected staff, use fair selection criteria, and consider alternatives to redundancy. Statutory redundancy pay may be due, and notice periods must be observed. Failing to follow a fair process can lead to claims for unfair dismissal or discrimination. Employees in the protected period relating to pregnancy and maternity leave have additional protections.

Employers must respond within one month, providing the requested information unless an exemption applies. Having clear procedures in place helps handle SARs efficiently and lawfully.

Outdated or missing contracts and policies can expose your business to legal claims and disputes. Clear, current documentation helps set expectations, manage risk, and demonstrate compliance with employment law. Regular reviews and updates are recommended, especially when legislation changes.

Whether in a business transfer or service provision change, both the outgoing and incoming employers need to be aware of their legal duties. These include the requirement to inform and (sometimes) consult with affected staff, consider “measures” which may flow from the transfer, and deal with the provision of Employee Liability Information. Significant risks can arise, and advice should be taken

Employers should do all they can to ensure that employees do not discriminate or harass colleagues. While a policy is important, it is also crucial to set a good example, provide training, establish clear routes for complaints to be made, and ensure a zero tolerance culture. Employees should also be reminded that they may be personally liable for damages if they harass or discriminate.

Without their agreement, this is likely to be problematic and may give rise to unfair dismissal claims. Even if both parties agree, that does not conclusively mean that the individuals are no longer employees or “workers” – an employment tribunal will consider the reality of the relationship and whether genuinely they are self-employed; there needs to a material change in the nature of the relationship. The tax risks should also be considered.

BTO Solicitors will discuss fees with you at the outset. Work is often charged at an agreed hourly rate, or a fixed fee may be agreed for a specific project or piece of work. Retainer arrangements are becoming increasingly popular. We can also provide access to an insurance product which could cover you against the risk of tribunal claims.