Workplace Disputes for Employees

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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Workplace Disputes for Employees

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.

If you are experiencing difficulties at work, raising a grievance may be the most effective way to address your concerns. We advise employees on workplace complaints relating to bullying, harassment, discrimination, management conduct, working conditions and other employment issues. We can help draft grievances, assess the strength of your concerns and guide you through the process from start to finish. Our aim is to ensure your concerns are presented clearly and considered fairly. Where appropriate, we can also advise on appeals, settlement discussions and potential legal claims arising from the issues you have raised.

Being subject to a disciplinary investigation or hearing can be stressful and have significant consequences for your career. We provide practical advice from the outset, helping you understand the allegations, prepare responses and navigate each stage of the process. We advise on misconduct, gross misconduct and procedural issues, ensuring your employer follows a fair process. Whether you require support before a hearing, assistance with an appeal or advice following a disciplinary outcome, we work to protect your rights and achieve the best possible result.

Employers often use Performance Improvement Plans to address concerns about an employee's performance. We advise employees who have been placed on a PIP, helping them understand what is expected and whether the process is being conducted fairly. We can assess whether objectives are realistic, whether adequate support is being provided and whether the process may be being used unfairly. If concerns arise regarding the legitimacy of the process or the risk of dismissal, we provide clear advice on your options and steps that can be taken to protect your position.

Where an employer alleges ongoing poor performance or capability concerns, it is important to understand your legal rights. We advise employees throughout capability procedures, including investigations, review meetings, warnings and dismissals. Our solicitors assess whether the process has been handled fairly and whether reasonable opportunities for improvement have been provided. We help employees challenge unfair decisions and, where appropriate, pursue appeals or Employment Tribunal claims.

Extended periods of sickness absence can create uncertainty about your employment and future role. We advise employees on their rights during sickness absence, including sick pay, occupational health referrals, workplace support and communication with employers. We help individuals understand their position, respond to concerns raised by employers and challenge unfair treatment where necessary.

Where workplace disputes cannot be resolved internally, legal action may be necessary. We represent employees bringing Employment Tribunal claims relating to unfair dismissal, discrimination, whistleblowing, unlawful deductions from wages and other employment-related disputes. We provide strategic advice from the earliest stages of a dispute through to final hearing or settlement. Our focus is on achieving practical, commercially sensible outcomes while providing clear and supportive guidance throughout the process.

Key contact

Alistair McArthur PNG
Alistair McArthur
Partner, Head of Employment

What our clients say about us

A big thank you to Alex and his team in particular Melissa who worked diligently and at all times looked to serve our best interests. They were constantly available to provide reassuring advice through a sometimes difficult transaction and fraught period. Despite the tight deadlines and significant workload I was delighted with their performance.

When selling a business, you only get one chance to get it right and I will be forever grateful for the skill and advice provided by Alex and his colleagues.

Herrington Carmichael were recommended to myself and my fellow directors to act in the selling of our financial services company. Throughout the process I found Alex Canham and Melissa Deutrom to be knowledgeable about our particular industry, they acted in our interests in a diligent but pragmatic way, gave sound advice, were responsive to our requests and focussed on achieving the deadline that we required. I would have no hesitation in recommending them to others in a similar situation.

Alex and Melissa provided a very professional service whilst also ensuring we negotiated some key inclusions and protection into our business sale agreement. Alex was a real ally ensuring that we negotiated the best possible outcomes and found solutions to areas where one didn’t seem to be present. His work alongside Melissa ensured a cohesive delivery of our complex sale – thank you both.

Alex Canham, Ed Beedham and the team did a tremendous job steering us through the sale of Chadney Bulgin. With so many CB Partners involved, their comprehensive presentation of the contracts, together with excellent communication throughout (vital in this type of deal), enabled both a fast & efficient sale process. Much appreciated.

I found Alex and Edward to be responsive, on point, quick to answer queries, professional, efficient and the ability to explain complex issues in layman’s terms. An excellent service and one I would recommend to all.

Alex and Ed were throughout very professional as you would expect, but also always available to settle our concerns and talk us through the procedures. Something that they clearly had plenty of experience at, which showed through and gave us confidence. They took control of the situation, kept us informed and moved swiftly to conclude the business sale, for which we were very grateful.

We appointed Herrington Carmichael to act for us in the sale of our Chartered Financial Planning business. From the outset we were impressed with Alex and Lucinda's professionalism. This impression was backed up by helpful and knowledgeable support from them and their team throughout the sale process. All aspects of the sale discussions were dealt with carefully and efficiently resulting in a satisfactory outcome for us as sellers.

Alex, Ed and the team at Herrington Carmichael provided us with excellent advice and support for our company sale, with their knowledge and experience making the process very efficient.

From the start we were impressed with Alex’s understanding of our needs and experience which no doubt helped with our transaction. The whole team were professional and attentive which was refreshing given the complexities involved. What impressed us most was the ability to convey quite technical matters in a way that could be understood.

Excellent level of service provided by Alex, Joel and the team. Our sale was not particularly straightforward, quality advice provided in a timely manner. I am not sure we could have completed our sale without them. Would highly recommend!

We have worked with Alex Canham and Melissa Deutrom at Herrington Carmichael on two separate acquisitions together with numerous general corporate activities. We have always found them to be highly responsive, timely and accurate. We would definitely recommend them to other financial services companies like ours.

Alex Canham is very knowledgeable - he also has a good appreciation of what is the minimum standard and what represents potentially less commercially needed aspects.

A sincere thank you to Yavan and the entire Herrington Carmichael team. You are an exceptionally committed group of individuals. Looking back, it’s impressive what we managed to accomplish over such a short period of time, dealing with a variety of issues that came up during the process. Working with Yavan, Chris, and Michelle was a pleasure. Thanks to all of you as well as the many others working behind the scenes.

Yavan and his team at Herrington Carmichael recently advised us on the assignment of two loans and associated security from third party lenders onto our books. Yavan provided advice of the highest quality and ensured the transactions completed swiftly. They were available whenever we needed to contact them and kept their advice commercially focused to our specific requirements. We have built a good relationship up with the whole team at Herrington Carmichael and would certainly recommend them.

I really enjoyed working with Matt and found him very responsive and helpful when I had any questions. He always got back to me in a timely manner and was very helpful. He’s a real credit to Herrington Carmichael and made the whole process straightforward.

After previous negative experiences with other solicitors, we contacted Herrington Carmichael as a new customer to help support buying a company and transferring shares from another director. Harry and his team were extremely helpful, patient and knowledgeable from the start. For Harry, nothing is too much from a small query to a larger piece of work. Harry is extremely approachable, friendly and professional. Harry kept us informed at every stage and tried to collate work together to keep costs reasonable, especially against the other side who were determined to drag the whole transaction out. We would definitely use Harry and his team again. They are very responsive and pragmatic. Highly recommended.

I would like to express my thanks to Harry Winkley, Joel Gocool and the team at Herrington Carmichael for their pro-active approach in our recent acquisition to the Surelock McGill Group of companies. A smooth transition working closely and professional within our set parameters, also within predicted budget. Many Thanks to the full team at HC.

I found Harry’s advice and support very professional, invaluable and reassuring.

We were very pleased with the service provided by Alex and Harry at Herrington Carmichael. Appointed approximately two months ahead of completion, they demonstrated exceptional diligence and attention to detail throughout. We’re delighted with the outcome and felt thoroughly looked after during the entire process. If you’re looking for a firm to support you through a business transaction, I would have no hesitation in recommending Herrington Carmichael.

There were some very late nights from the team to hit the deadline and they stayed super helpful & cheery even whilst we were quite stressed about it, which was definitely helpful. What I particularly liked about the team at Herrington Carmichael is that everyone seems like a “normal person” where the conversations & advice was presented in a way that was easy to understand and no-one minded follow-up questions as we wrapped our heads around things. The advice seemed actionable and I felt throughout that you understood what we were looking to achieve. HC were recommended to us as being responsive and diligent and that is exactly what we experienced too.

We found working with the team a positive experience. We had early contact with Alex who was reassuring and confident, but from then on, we dealt mainly and personally with Harry who we thought was excellent, especially in the final stages which were quite stressful for us.

It was clear to us from the outset that we were in safe hands and we very much appreciated having the reassurance of Alex and Harry’s ongoing support throughout the process.

Having appointed Herrington Carmichael to act for us in a complex and lengthy transaction, the decision proved to be a very good one. Alex, Harry and the team were knowledgeable, speedy and very willing to help with all aspects of our dealings. I would not hesitate to highly recommend Herrington Carmichael for their first class service.

Harry has been a rockstar throughout our transaction.

Yavan, Chris and the rest of the team at Herrington Carmichael were a pleasure to work with and provided a professional, responsive and pragmatic approach. They distil comments and mark-ups into concise questions to allow us to make commercial decisions without being bogged down in legal jargon, which allows for a smooth, efficient transaction process. I’d happily recommend the team to any of my peers, and always enjoy working with HC on deals.

In building an IFA sector leading business it was essential to have a top-quality legal firm in place which is why I chose Herrington Carmichael to work with me from the start-up phases in 2004 to an eventual sale in 2017. Having returned to the IFA sector again in 2020 to build another quality IFA firm I have once again chosen Herrington Carmichael. Amongst other things, Yavan and his team have provided comprehensive and dedicated legal support in the negotiation and conclusion of a complex multi-investor transaction.

I would like to thank Herrington Carmichael Solicitors for their excellent support in completing the E.O.T transaction. The team worked efficiently and professionally, ensuring the matter was delivered on time and on budget. In particular, I would like to recognise Yavan Brar, Partner and Head of Department, and Sophie Protheroe, Solicitor, for their outstanding guidance and consistent support throughout the transaction. Their expertise, responsiveness, and clear advice made the process smooth and well managed from start to finish. I would have no hesitation in recommending Herrington Carmichael Solicitors for complex corporate transactions.

The team at Herrington-Carmichael provide expert support which is calming when the pressure is on and always based on human connection. Most impressive is their ability to be responsive so that deals stay on track and schedule.

John and I are delighted to have been supported by Yavan & Sophie as we embarked on selling our Company to an EOT. From initial introduction 14 months ago, to achieving completion 2 days ago, Yavan & Sophie have been with us every step of the way. Their knowledge is vast and their ability to steadily walk us through the entire process, as simply as possible, was remarkable. The completion of this process required a number of additional inputs from other experts, all of which, they were able to provide, which just helped with the seamless approach and high level of communication throughout. We just hope they are happy that we were able to keep up with them too! Prior to meeting Yavan & Sophie, we had no knowledge of what an EOT was so to think that within 14 months, we have not only understood the benefits of such a consideration, but have reached the finish line and can sit back and proudly watch the continued success of our business in its new form, is incredible. So thank you for everything.

We are grateful to Yavan, Sophie and the team for their work on transitioning our company to an EOT. They navigated the intricate process of the transition with care and precision, giving all those involved clear understanding and peace of mind throughout the process. Their proactive approach and attention to detail were evident throughout and we wouldn’t hesitate to recommend the team to anyone considering an EOT transition.

HC acted for us in a corporate reorganisation, the sale of shares to an EOT and implementing an EMI for key individuals. The matter was complex and required patience and clear solutions to a number of issues to achieve the goals. Yavan and Sophie provided detailed advice on statutory requirements, a clear explanation of legal terminology, and worked efficiently to allow us to implement the EMI within the necessary timeframe. Great support from Yavan and the team.

Yavan and Sophie made our sale to an EOT straightforward and effortless. From the outset, they took the time to understand our needs and goals, explaining the process and answering all our questions. Their expertise in EOT transitions helped us make the right decisions for our company's future. We highly recommend the Herrington Carmichael team to any business considering such a transition. Their professionalism, expertise, and client care were invaluable.

HC have been excellent and tireless in their efforts to complete the acquisition. The team were always available and always prepared to find mutually acceptable ways of moving past any challenges when they arose. We value their counsel and support.

Yavan and team supported us through the process ensuring we had the right level of guidance and regulatory control for every decision through this process, we felt fully supported and couldn’t have achieved the outcome without them.

Herrington Carmichael has coordinated three purchase and sale transactions for us in the last two years. The advice and guidance provided by the corporate team, led by Yavan Brar, has been well explained, commercially sound and supported by well drafted legal documentation. All legal advice, completions and support provided by Yavan and his team was first rate.

Yavan’s approach in dealing with negotiations and in dealing with the city lawyers on a multi-million pound investment were commercially focused, ensured that progress was made and that we concentrated on the areas of the greatest importance.

We had been working with HC as our corporate lawyers for many years, pre-dating the inception of DataOps.live. Yavan and his team were excellent and tireless in their efforts to execute the funding round in a particularly short timescale, especially given the international time zones in consideration. The team were always available, always prepared, and always thinking of mutually acceptable ways to move past any challenges when they arose. We look forward to working with Herrington Carmichael over the coming years as we look to scale Dataops.live with the strategic input of Anthos Capital and Snowflake Ventures.

Yavan, Chris, and Liz are three of the most attentive, hands-on, and knowledgeable lawyers I have ever had the pleasure of working with. They were always available to answer my questions and provide me with excellent advice. They were also very proactive in managing my case and keeping me informed of its progress. I would highly recommend them to anyone in need of legal representation.

This is a commercially minded practice that is led by a talented lawyer, Yavan Brar, who focuses his team on providing excellence in all they do. The team is genuinely keen to ensure good quality and pragmatic advice for clients and in my experience, this is achieved.

We have worked with Michelle for almost 10 years during which time she has supported us with the corporate secretarial matters of our clients. As our practice has expanded so too has our work with Michelle. Working with a primarily Japanese client base we require extreme attention to detail and very fast turn-around. Michelle has showed herself to be excellent in both regards.

I am a director/adviser to two property management companies, both have been clients of Michelle and the team at HC for around 10 years. Both of my companies have been very well served and advised during this period. Matters dealt with promptly and efficiently I am happy to recommend them.

I wish to thank all at Herrington Carmichael for their prompt and brilliant service. From the outset my case was treated with complete understanding. The legal advice was clear, accurate, and forceful. The lawyers extended themselves to resolve the issues with exceptional celerity and solved a difficult and contentious matter to our complete satisfaction. This was a very model of legal guidance.

Melissa, I just wanted to add my thanks to you for your professionalism and support throughout the process. You helped us stay calm through extremely stressful situations and we are very grateful for that

Melissa provided an in-depth professional service ensuring that we were clear on some of the more complex issues surrounding the agreement. She would always works with our timelines despite it being an extremely busy period for her. Its been really great working with Melissa and I would not hesitate in working with or recommending her and her team now or in the future. Thank you so much for all your insight and knowledge during the past few months.

From outset to finalisation of my legal matter – HC (and in particular Melissa) were exceptional. The level of professionalism provided to me as well as her personal touch when the transaction became difficult to deal with really meant a lot to me. I would not hesitate to recommend Melissa going forward.

A big thank you to Alex and his team in particular Melissa who worked diligently and at all times looked to serve our best interests. They were constantly available to provide reassuring advice through a sometimes difficult transaction and fraught period. Despite the tight deadlines and significant workload I was delighted with their performance.

It was delightful working with Melissa. She made me feel comfortable when dealing with what was a complicated process. Melissa was professional, knowledgeable and dedicated. It was delightful working with Melissa. She made me feel comfortable when dealing with what was a complicated process. Melissa was professional, knowledgeable and dedicated.

Herrington Carmichael were recommended to myself and my fellow directors to act in the selling of our financial services company. Throughout the process I found Alex Canham and Melissa Deutrom to be knowledgeable about our particular industry, they acted in our interests in a diligent but pragmatic way, gave sound advice, were responsive to our requests and focussed on achieving the deadline that we required. I would have no hesitation in recommending them to others in a similar situation.

Melissa has been a pleasure to work with over the last few months, her ability to pick up complex commercial legal matters, together with her attention to detail has been very impressive. We would highly recommend Melissa for any commercial legal matters.

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Meet our experts

Dedicated professionals ready to assist you.

Alistair McArthur PNG
Alistair McArthur
Partner, Head of Employment
Darren-Smith
Darren Smith
Partner
Matt Jenkin PNG
Matt Jenkin
Partner
Hannah King PNG
Hannah King
Legal Director
Alex-Harper-PNG
Alex Harper
Senior Solicitor
Sam Gray PNG
Samuel Gray
Senior Solicitor
Tom-Hyatt-PNG
Tom Hyatt
Senior Solicitor
Maryam Nackvi PNG
Maryam Nackvi
Solicitor
Jo Boxhall PNG
Jo Boxhall
Solicitor
mellisa v2
Victoria Wootton
Solicitor
Cassie Blackledge PNG
Cassie Blackledge
Solicitor
mellisa v2
Katherine Bridge
Solicitor
mellisa v2
Isabella Milnes-James
Solicitor

Frequently Asked Questions

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

If you have a grievance or complaint to raise, you should raise this to your line manager or the HR Department in writing. Your employer may have a grievance policy which will provide details of who the grievance should be addressed to and how to raise concerns internally.  In some circumstances it may be appropriate to raise a complaint informally in the first instance.

Once your grievance has been raised, your employer should follow their grievance procedure. This will likely include appointing an impartial manager to chair the process, conduct an investigation into the grievance and reach a decision on the same.  If your employer does not have a process, they should as a bare minimum follow the ACAS Code of Practice.

Once a grievance has been investigated and any evidence considered, an employer will have to give an outcome on the findings.  It could be that it is decided that no further action is required or alternatively that a decision is made to uphold all or part of the grievance. If you are not content with the outcome, you will usually have the right to appeal the grievance outcome.

Yes, you are legally entitled to take a work colleague or a Trade Union Representative.

If you wish to take a family member instead, you can ask your employer if this would be permitted; however, it is not something that they are legally required to permit.

If you are disabled for the purposes of the Equality Act, it is possible that your employer will be required to allow you to take someone else as a reasonable adjustment.

Following a disciplinary process, your employer may find that you are guilty of misconduct. This could result in a first or final written warning being provided. However, if you have previously received a warning or have committed an act of gross misconduct, your employment may be terminated.

If you have been employed for more than two years, you will be entitled to appeal the decision. If you wish to do so, you should put your appeal in writing and send it to the HR department or the person named in the employer’s disciplinary policy.

On receipt of the appeal, the employer will need to investigate the findings and consider any further evidence. The result of this could be that your dismissal is overturned.

If you are dismissed following a disciplinary process and feel that the dismissal was substantively or procedurally unfair you may have potential claims in the employment tribunal. Our team of specialist employment lawyers will be able to advise and support you with bringing a claim in the Employment Tribunal.

A performance improvement plan “PIP” is commonly used to manage underperformance of an employee. A PIP should always be set out in writing and will ideally identify where you are underperforming, the level of improvement expected, the time frame for improvement and any assistance that will be provided.

It is possible to be dismissed for poor performance. However, prior to dismissal, your employer should have followed a detailed process and provided you with an opportunity to improve.

If the process is not genuine, for example, the employer fails to provide realistic targets, the allegations were unfounded or you were not provided with sufficient time in order to improve, it is likely that any such dismissal would be deemed to be an unfair dismissal.

There is not any legal requirement for you to attend an appointment with occupational health; however, there may be a clause in your contract of employment which requires you to cooperate with occupational health assessments. If you fail to consent/or attend, your employer may consider implementing disciplinary procedures on the grounds that you have failed to follow a reasonable management instruction.

Yes, it is possible for an employer to dismiss you whilst you are on sick leave. However, for it to be a fair dismissal, the Company will have had to follow a fair procedure to understand your illness, the effects that it has on your ability to work, whether any changes would assist and whether there is the possibility for you to return to work in the near future. If the procedure is not followed correctly, and you are considered to be disabled for the purposes of the Equality Act, you may be able to bring a claim for unfair dismissal and disability discrimination.