Employment

Herrington Carmichael is a full service law firm offering legal advice to UK and international businesses as well as individuals and families.
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Employment

Meet your Employment team

Dedicated professionals ready to assist you.

Alistair McArthur PNG
Alistair McArthur
Partner, Head of Employment
Darren-Smith
Darren Smith
Partner, Employment
Matt Jenkin PNG
Matt Jenkin
Partner, Employment
Hannah King PNG
Hannah King
Legal Director, Employment
Alex-Harper-PNG
Alex Harper
Senior Solicitor, Employment
Sam Gray PNG
Samuel Gray
Senior Solicitor, Employment
Tom-Hyatt-PNG
Tom Hyatt
Senior Solicitor, Employment
hc_team-placeholder
Isabella Milnes-James
Solicitor, Employment
Maryam Nackvi PNG
Maryam Nackvi
Solicitor, Employment
Jo Boxhall PNG
Jo Boxhall
Solicitor, Employment
Cassie Blackledge PNG
Cassie Blackledge
Solicitor, Employment
hc_team-placeholder
Victoria Wootton
Solicitor, Employment
hc_team-placeholder
Katherine Bridge
Solicitor, Employment

Employment Services

Complex Workplace Investigations

Our Complex Workplace Investigations service provides employers with an external, impartial and professionally managed investigation process. Delivered by experienced employment lawyers, we handle sensitive and high‑risk matters where internal teams may face concerns about impartiality. We gather evidence, interview witnesses, assess credibility, and prepare clear, defensible investigation reports to support fair outcomes. Whether the allegations involve misconduct, bullying, discrimination, whistleblowing or senior leadership concerns, we offer an objective and confidential service that protects organisational integrity and reduces risk.

Data Protection for Employers

Protecting employee data is essential for every organisation. Our specialist employment data protection team advises employers on their obligations under the UK GDPR, helping them navigate increasing risks, requests and regulatory scrutiny. With a significant rise in employee data subject access requests (DSARs), often linked to disputes or litigation, employers must have the right documentation, processes and support in place. We provide strategic advice, hands‑on guidance and tailored solutions to ensure compliance, mitigate risk and respond effectively when employees exercise their data rights.

Disciplinaries

Disciplinary procedures are formal processes initiated in response to alleged employee misconduct. It is important for an employer to follow a thorough and fair disciplinary process to reduce the risks of any potential claims against it.

Our specialist employment lawyers advise employers at every stage of the disciplinary process, from investigating alleged misconduct through to disciplinary hearings and outcomes. We help ensure that appropriate steps are taken to support fair decision-making, minimise legal risk, and reduce the likelihood of unfair dismissal or related claims.

Workplace disciplinaries can involve significant risk if not handled correctly. Our employment law specialists provide clear, practical support to help employers manage disciplinary matters fairly, consistently and in line with legal obligations.

We can assist you and your business in a range of ways, including:

  • Advising on whether disciplinary action is appropriate and how best to approach the issue at an early stage;
  • Supporting and guiding managers and HR teams through disciplinary investigations, including evidence gathering and investigatory meetings;
  • Assisting with the preparation for and conduct of disciplinary hearings, including advising on proportional and lawful outcomes;
  • Identifying and mitigating risks associated with unfair dismissal, discrimination, whistleblowing and other potential claims.

Discrimination & Equality

The Equality Act identifies nine protected characteristics which are: age, disability, race, sex, gender reassignment, marriage or civil partnership, pregnancy and maternity, religion or belief and sexual orientation.  Our team of specialist employment lawyers have extensive experience with assisting employers with discrimination claims and can assist and support you with defending a discrimination claim.

Employment Contracts

Most employment relationships will be underpinned with an employment contract. An employment contract will ordinarily set out the key terms of your employment and any restrictions following the termination of your employment. If you have been provided with a new employment contract or looking to leave your current employment and want advice on the terms of your contract our team of specialised employment lawyers can provide pragmatic and practical advice and identify any clauses of which you should be specifically aware.

Working with Employers
A starting point for all employers is to ensure that they have up to date contracts for their workforce as well as having all the necessary policies and procedures in place.

We can ensure all of your contracts and policies reflect the latest developments in statute and case law. In particular, we can ensure that all documentation provides your business with adequate protection, particularly when an employee leaves your employment.

Employment Data

The right to make a data subject access request (DSAR) is a key element of the protections contained in the UK General Data Protection Regulation (UKGDPR).

Although a right of an individual to access data held about them has long been a part of data protection legislation, the development of digital technology has led to a massive expansion in the amount and nature of the data being processed, particularly in the employment context.

We have seen a particular increase in the number of DSARs being brought by employees. These requests are frequently made in the context of an ongoing or potential dispute or tribunal or court claim.

It is also important that employers have key documentation in place before getting to the stage of receiving and handling a data subject access request, as this sets the foundation for the legal basis on which they are processing employee data and the steps to take when an employee seeks to enforce their data rights.

Employment Rights

Employment status plays a crucial role in defining an individual’s rights and entitlements in the workplace. Determining employment status can, however, be challenging. If you are seeking clarity or assistance in relation to your employment status, our experienced team can assist you. With our expertise in employment law, we are well-equipped to assist in identifying your employment and resolving disputes that may arise in this area.

In the UK, there are three main types of employment status:

  • Employee
  • Worker
  • Self-Employed

Determining someone’s status relies on several key legal tests.

Employment Rights Act 2025

The Employment Rights Act 2025 received Royal Assent on 18 December 2025, marking a major overhaul of UK employment law.

The Act introduces extensive reforms to be implemented over the coming years, representing the most substantial shift in employment rights in a generation. These changes affect everything from unfair dismissal rights and family‑related leave to enforcement, equality measures, and the use of non‑disclosure agreements.

Employment Status & Workforce Structuring Advice for Employers

Employment status is a key issue for businesses using different types of working arrangements, particularly where individuals are engaged outside a traditional employment model. Getting status wrong can lead to claims for employment rights, financial liabilities and operational disruption.

We support employers in assessing employment status, reviewing alternative working arrangements and advising on agency worker compliance. Our advice is practical and commercially focused, helping you maintain flexibility while managing risk effectively.

Employment Tribunals

Sometimes resolving an employment dispute amicably will not be possible and can result in claims being brought in an employment tribunal. Whether you wish to defend the claim, or achieve a commercial settlement, our team of employment specialists can advise how best to achieve your desired outcome. We regularly defend all types of claims, including unfair dismissal, discrimination, harassment, victimisation, whistleblowing and claims for unpaid wages. We are here to provide you with advice on the best approach to follow if your business is faced with a claim.

Our team of employment lawyers can support you throughout the entire Tribunal process from ACAS Early Conciliation through to the final hearing or we can provide tailored, ad hoc advice at any stage. Our services include:

  • Merits assessment of the ET1 and claim form, identifying key risks and devising an effective strategy;
  • Drafting a robust and comprehensive ET3 response.;
  • Preparing for and attending any preliminary hearings;
  • Managing disclosure, collating relevant documents, and assisting with bundle preparation;
  • Drafting and responding to applications to the tribunal; and
  • Advising on settlement and alternative resolution.

Equal Pay & Gender Pay Gap – Employers

Employers face increasing scrutiny of pay practices through equal pay legislation, gender pay gap reporting and enhanced transparency standards following the Employment Rights Act 2025. Although the EU Pay Transparency Directive does not apply directly in the UK, it is influencing pay transparency expectations and best practice, particularly for employers with international operations. Equal pay claims can carry significant financial and reputational risk. We advise employers on compliance, risk management and dispute resolution, helping to develop robust, defensible pay structures and decision‑making.

Grievances

We have a number of specialist Employment Lawyers within our Employment Team that will be able to assist and advise on the process that you should follow if, as an employer, you find yourself needing to discipline one of your employees.

Disciplinaries are formal procedures which are instigated by employers due to the alleged misconduct of an employee. It is important for an employer to follow a thorough and fair disciplinary process to reduce the risks of any potential claims against it.

Our team of specialist Employment Lawyers can advise on how to follow the correct disciplinary procedure, support senior management or HR in meetings. We can also assist with drafting the required documentation to reduce the risk of a claim for unfair dismissal, and to help alleviate the stress that may be caused by the situation.

HR Training & Development

Providing training and development opportunities to your employees are fundamental to the growth of your employees and will enable the Company to build a happy and positive workforce. Our team of specialist employment lawyers can provide bespoke training for you.

Our employment solicitors have extensive experience in providing training to senior leaders, managers and employees in all types of businesses including leisure and hospitality, construction and financial services.

The types of training we can provide includes:

  • harassment including sexual harassment
  • equal opportunities and discrimination
  • performance and capability
  • long term sickness absence
  • disciplinaries and redundancy procedure
  • Immigration

What is the fee for providing Training?
Our training is bespoke and will be adapted to the needs of the Company. The fee for providing the training will depend on the length of the training, number of people attending and whether it will be online or in person.

What is included in your training session?
We know that it can be difficult for employees to be able to concentrate on the subject when they are being lectured at. Therefore, we aim to make our training as interactive as possible and provide case studies to enable employees to become involved and put what they have learnt into practice.

IR35 & Off-Payroll Working

The IR35 and Off-Payroll Working Rules place significant obligations on businesses engaging contractors through intermediaries, such as personal service companies. Determining employment status correctly is essential, as getting it wrong can result in tax liability, penalties and wider commercial risk.

We support businesses in making and documenting status determinations, reviewing contractor arrangements and implementing compliant processes. Our advice is practical and aligned with how your business operates, helping you manage risk while maintaining flexibility in your workforce.

Performance management

Managing underperformance can be challenging, time‑consuming, and legally sensitive. We can support you at any stage of the performance management process, whether you are putting initial measures in place, navigating ongoing concerns, or bringing the procedure to a close. Our services include:

  • Drafting or updating performance management and capability policies to ensure they are clear, fair, and legally compliant;
  • Delivering training for managers and HR on identifying performance issues, conducting effective performance meetings, setting objectives, and avoiding discriminatory practices;
  • Providing guidance on both informal and formal performance management processes, including when to escalate to capability procedures;
  • Drafting letters, scripts, and supporting documentation to help guide managers through each stage of the process; and
  • Advising on and conducting legally compliant dismissals, as well as preparing and negotiating settlement agreements where a managed exit is appropriate.

Philosophical Beliefs in the Workplace

The Equality Act 2010 protects employees from discrimination because of a philosophical belief, but the scope of protection continues to evolve through case law. Employers are often required to balance competing rights, particularly where beliefs intersect with workplace policies or the rights of others.

Recent decisions have confirmed protection for beliefs including gender-critical views, ethical veganism, and certain environmental or climate-related beliefs, increasing the complexity for employers.

We advise employers on managing these issues sensitively and lawfully, reducing the risk of claims while maintaining a fair and inclusive workplace.

Post Termination Restrictions

Restrictive Covenants or Post Termination Restrictions are a valuable tool in protecting a business from a departing employee by ensuring that confidential information, commercial connections and remaining workforce are secure.

We have developed a business protection questionnaire designed to provide you with an overview of your business’s employment protections based upon some key questions.

Please click below to complete the questionnaire and get an initial report on your business’s protection.

Get your free report here.

Whilst post-termination restrictions/restrictive covenants can be an effective way of securing your business, it can be a complex area with the risk that such restrictions are not enforceable, leaving an employer without the protection against former employees that it needs.

Our employment team can provide you with expert advice to establish an effective post-termination strategy including:

  • reviewing your current level of protection.
  • drafting post-termination restrictions in contracts of employment
  • reminding employees of their continuing obligations on exit; and taking swift legal action when restrictions are breached.
  • For new hires, we can review the contracts of employment with their previous employer to advise on the extent of their restrictions and how this could impact their role with the new employer.
  • Enforcement of post termination restrictions including, where necessary and appropriate, seeking injunctive relief.

Redundancy

A redundancy situation occurs when the Company identifies the need to reduce the number of employees that it employs. The need to make redundancy will be caused by one of the following situations.

  • Closure of the Business
  • Closure of one of the Business sites
  • Diminished requirements of the kind of work that the employee undertakes

Our team of specialist employment solicitors will be able to assist you with identifying the need to make redundancies and provide advice and assistance as to how to follow the correct redundancy process.

Settlement Agreements

A settlement agreement is a document provided to an employee by their employer with the intention of terminating employment and settling potential claims the employee has against their employer. The agreement generally includes a Termination Payment to the employee as compensation for the employee’s agreement not to pursue any employment claims against the employer. Our team of specialised employment solicitors are able to provide you with advice on the terms and effect of the settlement agreement as well as the offer which has been made to you.

For individuals
We can also look to assist you with requesting a settlement agreement from your employer if you have a dispute or potential claim and they have not already offered you one.

For a business
Our lawyers in the Employment team have extensive expertise and experience which allows us to provide our clients with the most up to date advice and practical solutions whilst negotiating commercially considered and pragmatic settlements.

Our range of services includes:

  • Drafting and advising on the terms of settlement agreements
  • Advising on tailored commercial settlement terms and figures
  • Drafting and negotiating bespoke amendments tailored to specific client needs and requests
  • Identifying and valuing potential claims arising out of the circumstances leading up to the termination of employment and assisting to reduce exposure.

Sickness Absence Management

Our team of experienced employment lawyers can support you with the process that you should follow and equip you with the knowledge to confidently make legally compliant decisions which protect your business. This support can include the production of effective sickness absence procedures, advice on how to handle return to work interviews and handling an employee’s conduct during sick leave. We can also assist, where appropriate, with dismissals.

Sickness absence often raises challenging legal, HR, and operational issues, and our team is equipped to guide you through each stage of the process with clear, pragmatic advice. We can assist you and your business in a range of ways, including: 

  • Training HR teams and managers on effective and legally compliant absence management processes; 
  • Drafting or updating sickness absence policies to ensure clarity, consistency, and compliance with employment law; 
  • Advising on short‑term and long‑term sickness absence, including the appropriate use of warnings, review meetings, and trigger points; 
  • Guiding you on when sickness absence should be managed under a formal capability process and how to apply that fairly; 
  • Advising on reasonable adjustments, phased return‑to‑work plans, and interpreting Occupational Health reports; and 
  • Identifying and mitigating discrimination risks. 

TUPE

The Transfer of Undertaking (Protection of Employment) Regulations, widely known as “TUPE” has various legal implication on businesses during a business sale or acquisition process and can impose several legal obligations on them. Our Employment team is experienced in providing advice on the applicability of TUPE, including its impact on employment relationships, effects of a transfer of employment and employee consultation obligations.

We are regularly engaged by clients on acquisitions, insolvency situations and changes in service provider. As well as advising on TUPE, we are experienced in assisting with the due diligence process and providing advice on the protections to build into any acquisition documents with regards to employees.

Whistleblowing

Any employee could make a protected disclosure (also known as whistleblowing). A protected disclosure is a disclosure of information which shows or tends to show one or more of the following has happened or is likely to happen:

  • That a criminal offence has been committed
  • That there has been a breach of legal obligations
  • That a miscarriage of justice has occurred
  • That the health and safety of an individual has been endangered
  • That the environment has been damaged
  • That any of the above events have been deliberately concealed
  • The disclosure of information must also be in the public interest

It is important to ensure that any protected disclosure is taken seriously and addressed in the correct manner. The law surrounding protected disclosures is complex and our team of employment lawyers can help you understand and navigate the process correctly.

Workplace Mediation Service

Our Workplace Mediation Service provides a confidential and impartial process to resolve conflicts between employees, teams, or management. Led by trained employment solicitors, we help parties reach mutually acceptable solutions, avoiding the cost and disruption of formal proceedings. Whether addressing interpersonal tensions, grievances, or breakdowns in communication, our service supports a healthier working environment and promotes long-term collaboration.

All Employment Services

Supporting employers with clear, practical and legally robust data protection solutions , from documentation and compliance frameworks to managing complex employment data subject access requests with confidence and assisting with complaints to the ICO.
Effective handling of disciplinaries protects your business. Our employment law specialists help employers manage misconduct processes fairly and with confidence.
All job applicants, employees, workers and contractors are protected against discrimination. Our employment lawyers advise both individuals and business.
Navigating the new ERA of employment rights
Clear advice on your employment status and your rights and entitlements.
The tribunal process can be difficult to navigate, and our specialised Employment team can assist you from the first indication of a claim through to the final hearing.
Expert advice on enforcing your right to equal pay and fair treatment at work.
Effective handling of workplace complaints is essential. Our employment law specialists guide you through grievances with confidence.
Clear, practical advice on IR35 and the Off-Payroll Working Rules for businesses.
Unfortunately, some employees do not meet the standards expected and/or required. This can cause significant difficulty for employers and can require substantial amounts of time to adequately address.
Clear, practical advice for individuals facing workplace issues linked to their beliefs, helping you understand your rights and take informed, strategic action.
Strategic, compliant support through workforce change and redundancy.
Our specialist Employment Lawyers within our Employment Department can provide comprehensive guidance in relation to the legal requirements and commercial considerations where an employer wishes to make a settlement offer to an employee.
Employees invariably take time off for sickness. This is normal and can be accommodated by a business but difficulties may arise if there are persistent short-term absences or long-term absences.
The Transfer of Undertaking (Protection of Employment) Regulations, widely known as “TUPE”, imposes several obligations and legal implications on businesses during a business sale or acquisition process. Our Employment team has extensive experience advising employees on whether TUPE applies, what a transfer means for their employment rights and continuity, and how TUPE affects their role, terms and conditions, and consultation rights.
Practical, risk-focused advice for employers managing whistleblowing concerns, investigations and claims.

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Frequently Asked Questions

Find answers to your most pressing questions about our services and processes.

There are different types of discrimination that an employee can bring against a Company: Direct Discrimination – treating someone less favourably than others because of a protected characteristic Indirect Discrimination – imposing a provision, criterion, or practice that puts individuals with a protected characteristic at a disadvantage Harassment – unwanted conduct related to a protected characteristic that has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment Victimisation – treating someone unfairly because they have asserted their rights under the Equality Act, such as filing a discrimination complaint or supporting someone who has Discrimination arising from disability – treating a disabled person unfavourably because of something arising from, or in consequence of, their disability Failure to make reasonable adjustments – failure to accommodate the needs of a disabled person, where such adjustments would prevent a substantial disadvantage Associative Discrimination – treating someone unfairly because they are associated with someone who has a protected characteristic Perceptive Discrimination – treating someone unfairly based on the perception that they have a particular protected characteristic, even if they do not

Employers must follow a fair and thorough process prior to disciplining or dismissing an employee. Employers must thoroughly investigate and obtain evidence of the misconduct prior to commencing the disciplinary process. This should include an investigatory meeting with the employee who has committed the alleged misconduct. Once you have obtained the information you should invite the employee to a disciplinary hearing, at which they will have the right to be accompanied. If an employer does not have its own disciplinary process, employers should at least follow the procedure set out in the ACAS Code of practice.

If you feel you have been subject to discrimination at work, we strongly suggest you take legal advice on your position as we know how upsetting this can be. Our team of specialist employment lawyers support and advise you on your situation and the next steps. This could be looking to commence employment tribunal proceedings or raising an internal grievance in the first instance.

A whistleblower is an individual who makes a protected disclosure in the workplace environment. Any employee could make a protected disclosure. A protected disclosure is a disclosure of information which shows or tends to show one or more of the following has happened or is likely to happen: That a criminal offence has been committed That there has been a breach of legal obligations That a miscarriage of justice has occurred That the health and safety of an individual has been endangered That the environment has been damaged That any of the above events have been deliberately concealed The disclosure of information must also be in the public interest It is important to ensure that any protected disclosure is taken seriously and addressed in the correct manner. The law surrounding protected disclosures is complex and our team of employment lawyers can help you understand and navigate the process correctly.

A collective redundancy is when an employer proposes to make more than 20 employees redundant at one establishment within a 90 day period. If you propose to make 20 to 99 employees redundant you must commence the consultation process 30 days prior to the dismissal. If you propose to make 100 or more employees redundant you must commence the consultation process 45 days prior to the dismissal. In addition to the consultation with the employees you must inform the Redundancy Payments Service that you intend to make redundancies prior to consulting with the employees. What is an employee entitled to when they are made redundant? In addition to their notice, employees are entitled to statutory redundancy pay. Statutory redundancy pay is based on the employees age, length of service, and weekly pay subject to certain statutory limits.

If you do not handle a grievance properly and the employee submits a claim at the Employment Tribunal you are at risk of the Judge awarding a 25% uplift to any compensation that may be awarded to the employee.

TUPE stands for Transfer of Undertakings (Protection of Employment). It is a set of regulations in the United Kingdom that are designed to protect the employment rights of employees when their business, or part of it, is transferred to a new employer.