Employment Law

SBG Employment

We have a reputation for providing clear advice to both employers and employees so that they know their respective rights and can work together to solve problems. We can help to negotiate and this is often successful and cost effective. Sometimes, disputes can escalate. When that happens, we are here to advise and represent you robustly and to get you the best outcome.

A number of our cases have been high profile and are in the law reports. Some examples are shown below.

Employment Contracts

We are experts in advising employees about proposed contracts of Employment, including the enforceability of, among other things, restrictive covenants.

We also support business clients by drafting contracts for both small and large employers so that they are suited for their business needs and business philosophy.

Getting this right can be of benefit to the whole business.

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Unfair & Wrongful Dismissal

We have a wealth of experience of advising and representing both employers and employees in unfair and wrongful dismissal cases all the way through from Early Conciliation with ACAS to the Employment Tribunal. 

You may have insurance cover. If not, we will always look at whether the case can be pursued on a No Win No Fee basis and will prove the case vigorously for you. 

Our expertise and experience means we have dealt with cases in both the Employment Appeal Tribunal and The Court of Appeal which have been reported.

Redundancy

We advise both employees and employers as to the procedures and pitfalls of redundancies.  We have advised many employers in business restructures.

Settlement Agreements

Here at SBG we have extensive experience in advising Employees and Employers in relation to Settlement Agreements, the pros and cons of entering into these agreements and drafting them.

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Disciplinary Procedures

At SBG we advise Employers how to safely and appropriate mitigate and run a disciplinary process from investigation of alleged misconduct to Disciplinary hearing and Appeal.

We advise employees how to deal with disciplinary action with a view to avoiding disciplinary sanctions including dismissal.

Grievance Procedures & Whistleblowing

At SBG we have the knowledge and skills to advise both Employers and Employees about how to operate a procedure so as to obtain a successful resolution of an Employee’s grievance and what constitutes a “protected act”, whether this amounts to whistleblowing and the consequences of whistleblowing.

Employment Tribunal

We regularly represent both Employers and Employees in the Employment Tribunal in relation to a variety of cases including Unfair Dismissal, Wrongful Dismissal, Unlawful Deduction from Earnings, Protected acts of Disclosure and all aspects of Discrimination.

Directors’ Duties

We have experience of advising both Companies and Individuals as to the  duties of Directors including in relation to wrongful and fraudulent trading and as appropriate representing our clients in the Court in relation to breaches including obtaining of injunctive relief. 

Service & Partnership Agreements

We advise upon and draft both Directors’ Service Agreements and Agreements for new start and existing Partnerships.

Discrimination & Equality

Here at SBG we believe that no individual should be treated less favourably due to race, religion or belief, colour, sex, sexual orientation, gender reassignment, age, ethnic or national origin, disability, marital/civil partnership status, pregnancy/maternity. We have extensive experience of advising and representing both Employers and Employees where it has been alleged that there has been discrimination in breach of The Equality Act 2010.

case-law, lady justice, justice
Adrian Green

Adrian Charles Green LLB (Hons)

Our Employment team is led by Adrian Green, who has over 30 years’ experience in this specialist field and is well known for hie Employment Law expertise. He is sought after for his clear, no nonsense advice and strong advocacy.

Adrian’s expertise has resulted in a number of cases in the law reports.

SBG Law

Reported Cases

Employment Appeal cases

 

Cyprien v Bradford Grammar School [2013] UKEAT 0306_12_1503

Disability discrimination – exclusions/jurisdiction – Jurisdictional points – claim in time – effective date of termination – negligent omissions of employer – application of principle in Mateuszowicz v Kingston upon Hull City Council – extension of time – whether just and equitable to extend time.

Sakharkar v Northern Foods Grocery Group Limited T/A Fox’s Biscuits [2010] UKEAT 0442_10_0803

Unfair Dismissal – Determination whether dismissal fair or unfair – Procedure relating to dismissal – Employer dismissing employee for absence after giving warning – Amount of absence incorrectly calculated – Warning given in error – Tribunal ignoring error when deciding fairness of dismissal decision – Whether employment tribunal giving proper emphasis to relevant law – Whether tribunal wrong to ignore warning given in error to employee when deciding fairness of dismissal decision – Employment Rights Act 1996, s 98 – Employment Equality (Age) Regulations 2006, SI 2006/1031.

Atif Rafiq v The Kent Association For The Blind (2008, unreported)

 
Housing Cases

 

Riyait v Dawett [2018] EWCA Civ 593, [2018] 2 WLUK 135

Fraud, fraudulent representation, Limitation periods, accrual of cause of action and whether knowledge of the Claimant’s solicitor can be imputed to a Claimant for the purposes of s.32 of the Limitation Act 1980 when the fraud upon the Claimant was concealed.

Mirza v Dayman [2015] EWHC 1902 (QB), [2015] 4 WLUK 403

Overseas Money Transfer subject to ‘freezing injunction’ and whether it was held on Trust for the payer or whether he was merely an unsecured creditor after the receiver had, effectively, utilised all the money transfer agent’s funds.

Kingstons Solicitors v Reiss Solicitors [2014] EWCA Civ 172, [2014] 2 WLUK 37; [2014] 6 Costs LR 998

Agents, Bill of Costs, Costs, Fees, Solicitor and client costs.

lncommunities Ltd v Boyd – [2013] All ER (D) 258 (Jun)

Evidence – Hearsay. The claimant landlord issued possession proceedings against the defendant tenant. The landlord sought to rely on anonymous witness statements from three local residents. The recorder admitted the statements as evidence and found that, inter alia, the tenant was guilty of anti-social behaviour. The tenant appealed against the admission of the statements. The Court of Appeal, Civil Division, dismissed the appeal holding that the recorder had carried out the necessary evaluation exercise in an  entirely proper  manner and  that there was no basis upon which the  court could or should interfere with the judge’s careful findings.

Singh and another v Akhtar (administratrix of the estate of Basharat Hussain deceased) – [2013] All ER (D) 229 (Apr)

Easement – Right of way. The Court of Appeal, Civil Division, held that a judge had been entitled to find that the claimants had established an interference with their right of way over a disputed parcel of land. The defendant had failed to adduce any evidence to support her contention that the land had been acquired by the local authority as a highway at public expense.