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
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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

Data Subject Access Requests Made By Employees

Employees are increasingly using Data Subject Access Requests (DSARs) to understand what information their employer holds about themespecially during workplace issues such as grievances, disciplinaries or potential tribunal claims. We help employees prepare effective DSARs and challenge inadequate or delayed employer responses. Whether you need your personal data to support a dispute or simply want clarity on how your employer uses your information, our team provides strategic and tailored advice to ensure your rights under the UK GDPR are properly exercised and protected. 

Discrimination & Equality for Employees

In the UK, individuals are protected against a variety of different types of discrimination under the Equality Act 2010. The different types of discrimination are:

  • Direct Discrimination
  • Indirect Discrimination
  • Harassment
  • victimisation
  • Discrimination Arising from Disability
  • Associative Discrimination
  • Perceptive Discrimination

The protected characteristics:

  • Age
  • Disability
  • Gender Reassignment
  • Marriage and Civil Partnership
  • Pregnancy and Maternity
  • Race
  • Religion or Belief
  • Sex
  • Sexual Orientation

All job applicants, employees, workers and contractors are protected against discrimination at work. If you feel you are being treated poorly at work our team of specialist employment lawyers can guide you through this complex area and advise you on your rights and options.

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 Disputes

Whether it is advice on raising a grievance, being involved in a disciplinary or capability process, long term sickness absence, performance improvement plan, adjustment to the workplace or working practices, warnings or even the termination of your employment, we can advise and support you throughout.

Our team of employment lawyers have significant experience in advising on workplace disputes and can provide you with practical and pragmatic advice to help and support you with resolving any dispute that you have with your employer.

Employment Status & Worker Rights Advice

Our employment lawyers advise individuals on employment status and alternative working arrangements, helping you understand your rights whether you are an employee, worker, consultant or agency worker.

Equal Pay for Employees

Under equal pay legislation, every employee has the right to equal pay for equal work in the same employment. Equal pay applies where men and women perform like work, work rated as equivalent, or work of equal value, unless a difference can be objectively justified. Unequal pay may also amount to unlawful discrimination under the Equality Act 2010. With increased focus on pay transparency following the Employment Rights Act 2025, and the wider influence of the EU Pay Transparency Directive on UK best practice, employees are better placed than ever to challenge unfair pay. We support individuals at every stage of the equal pay process. 

This service is designed for employees, workers and former employees who are concerned they may be underpaid compared to a colleague of the opposite sex. 

IR35 & Off-Payroll Working for Individuals

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.

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.

Protection of Philosophical Beliefs

In the UK, individuals are protected against a variety of different types of discrimination under the Equality Act 2010. The different types of discrimination are:

  • Direct Discrimination
  • Indirect Discrimination
  • Harassment
  • Victimisation
  • Discrimination Arising from Disability
  • Associative Discrimination
  • Perceptive Discrimination

The protected characteristics:

  • Age
  • Disability
  • Gender Reassignment
  • Marriage and Civil Partnership
  • Pregnancy and Maternity
  • Race
  • Religion or Belief
  • Sex
  • Sexual Orientation

All job applicants, employees, workers and contractors are protected against discrimination at work. If you feel you are being treated poorly at work our team of specialist employment lawyers can guide you through this complex area and advise you on your rights and options.

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 to settle 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.

We can also look to assist you with requesting a settlement agreement with your employer if you have a dispute with your employer and your employer has not already offered you one.

Our services can include:

  • Reviewing and advising upon the terms and effect of your settlement agreement.
  • Updating and amending clauses in the settlement agreement where appropriate.
  • Advising on your position and any potential employment claims
  • Requesting a settlement agreement if you do not already have one
  • Negotiating on terms settlement agreements.

Settlement in the UK

There are various situations where you can no longer apply for visas, have previously resided in the UK or are from a qualifying country which gives you resident rights in the UK. The context and details of your situation will dictate your settlement and citizen options.

We can assist you in applying for Settlement in the UK using the following routes:

  • Indefinite Leave to Remain
  • Returning Resident
  • Long Residence ILR

We provide more information on each route below. Our experience lawyers have assisted many individuals and families settle in the UK.

Tribunal Claims for Individuals

Our lawyers can provide you with expert assistance on your claim, discuss the merits of any such claim and advise the best way to pursue your matter so that you can achieve a preferable outcome. Such advise may include drafting without prejudice correspondence, negotiating settlement or drafting your claim form.

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 any potential claims in the employment tribunal, identifying key risks and devising an effective strategy;
  • Drafting a robust and comprehensive ET1 and claim form;
  • Preparing for and attending any preliminary hearings;
  • Managing disclosure and collating relevant documents;
  • Drafting and responding to applications to the tribunal; and
  • Advising on settlement and alternative resolution.

Whistleblowing Advice for Individuals

Raising concerns at work can feel risky, particularly if you are unsure how your employer will respond. Getting the right advice early can make a significant difference to how things unfold.

We advise employees, workers and senior executives on whistleblowing and protected disclosures – from deciding whether to raise concerns through to dealing with the consequences.

If you have already spoken up and are facing difficulties at work, we can help you understand your rights and options, including whether you may have a claim. Our approach is practical, discreet and focused on protecting your position.

Workplace Disputes

Whether it is advice on raising a grievance, being involved in a disciplinary or capability process, long term sickness absence, performance improvement plan, adjustment to the workplace or working practices, warnings or even the termination of your employment, we can advise and support you throughout.

Our team of employment lawyers have significant experience in advising on workplace disputes and can provide you with practical and pragmatic advice to help and support you with resolving any dispute that you have with your employer.

  • Disciplinary & Grievances
  • Employment Rights
  • Employment Tribunals & Unfair Dismissals
  • Performance Management
  • Religous Beliefs
  • Sickness Absence
Corporate-Law-Services

All Employment Services

Supporting employees to understand, request and access their personal data, offering clear, practical guidance on making data subject access requests and challenging employer responses and enforcing your data protection rights. Our solicitors can provide you with expert legal advice to review, explain and challenge restrictive covenants, helping you understand your obligations and the enforceability of your restrictions and protect your career options.
Expert advice on your employment contract, helping you understand your rights, obligations and any restrictions before you start a new role or leave your current one.
Clear advice on your employment status and your rights and entitlements.
Expert advice on enforcing your right to equal pay and fair treatment at work.
Clear, practical advice on IR35 and the Off-Payroll Working Rules for businesses.
Our solicitors can provide you with expert legal advice to review, explain and challenge restrictive covenants, helping you understand your obligations and the enforceability of your restrictions and protect your career options.
Clear, practical advice for individuals facing workplace issues linked to their beliefs, helping you understand your rights and take informed, strategic action.
Clear, practical advice to help you understand your rights and challenge unfair redundancy.
If you have been offered a settlement agreement by your employer, our specialist team of solicitors are available to assist you and advice on the terms of your agreement.
Our Immigration Law team has specialist lawyers can help you apply for settlement in the UK based on your individual circumstances.
If your employer has acted unlawfully and infringed your rights, you may have employment tribunal claims. Our experienced team represents individuals and can assist you in bringing those claims effectively.
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

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.

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.

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.

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.