We are trusted advisors to employers in managing and resolving workplace challenges as well as advising senior individuals on all areas of their employee / employer relationship, from joining through to exit.
The team is renowned for its strategic approach and litigation expertise, regularly appearing in the Employment and Labour Relations Court. We bring a depth of experience and creativity to help solve problems that can arise at any stage of an employment relationship.
A settlement agreement is often a clean, dignified and quick way to end an employment relationship.
When an employee makes a claim against your business, it’s important to understand if they have a right to make a claim and, if they do, what your legal risks are and the potential compensation you may be required to pay if the employee succeeds.
We can help you assess the best course of action for your business, including your options for resolving the matter as quickly as possible to reduce any potential damage to your business. We can also represent your business to defend any claim.
From unfair dismissals to discrimination and whistleblowing, we help you to understand your employee’s claim and proactively handle it in your best interests.
Whether you are in discussions over salaries and incentives or exit packages, our aim is to leave you in the best possible position.
When an employment contract is broken, it can cause problems to both parties, which is why we are here to offer our expertise.
Drafting precise and compliant employment contracts is crucial for protecting your business and employees. Hassan Luk offers expert legal advice for employment contract drafting, ensuring all agreements meet legal standards and reflect best practices. Our services include creating tailored contracts, reviewing existing agreements, and providing guidance on employment law compliance. Trust our experienced team to draft comprehensive employment contracts that safeguard your interests and promote a positive workplace environment.
It’s important that every employee has a written and agreed employment contract in place, regardless of their position. Whether they’re a manager, executive or a junior member, it’s essential that your employees understand the terms and conditions of their role to avoid any potential legal conflict in the future.
Our employment lawyers also draft staff handbooks to help set expectations, create a positive work culture and ensure employees feel comfortable in the workplace.
If you are being bullied or harassed – whether subtly or openly – the law is on your side.
It can be a difficult time for everyone if your business is going through a restructure or if you’re considering cutting down teams. We can provide guidance on how to deal with the legalities of restructuring your business and/or making redundancies. We can also support you in handling TUPE transfers of employees.
If you are at risk of redundancy or have been made redundant, there are employment laws to ensure you are treated fairly.
Discrimination can cover age, race, gender, pregnancy, sexual orientation, and disability. If you have faced any workplace discrimination, we can help.
We advise both employers and employees on all aspects of whistleblowing, drafting and implementing policies and reporting mechanisms, and advising on procedures and the resolution of disputes before they reach the courtroom.
Where claims do arise, we manage cases strategically and discreetly, helping our clients minimise the financial and reputational risks of litigation and working with them to achieve the best possible outcome.
Constructive dismissal
This occurs when your employer has treated you so badly that you've no choice but to resign or that you have been dismissed with unfair reasoning.
In many cases, your employer’s breach will be obvious and simple to prove. However, we also have substantial experience finding evidence in less clear-cut cases to prove that your employer’s behaviour made your position untenable, amounting to constructive dismissal.
Unfair dismissal
Employers must have a fair reason to dismiss an employee. If an employee is dismissed unfairly and they have been employed for at least 2 years, they may be able to make a claim at an employment court.
If you suspect that you have been unfairly dismissed, we can help you explore your options for accessing compensation. Our service includes reviewing your employer’s dismissal procedures, providing advice on the reasons behind the dismissal, and liaising with your employer with the goal of reaching a suitable settlement.
If your dismissal was related to a protected characteristic such as age, gender, or race, we may also be able to help you make a claim for discrimination.
The law expects that employers will take employment decisions fairly and reasonably. In disciplinary and grievance matters, establishing the facts of the situation is fundamental to dealing fairly with the people involved.
In the vast majority of cases, an employer can and should deal with an investigation internally. Occasionally however, the employer may benefit from some external support from an independent investigator.
We can provide bespoke training for your organisation on avoiding conflict in the workplace. For example, we can provide information about the law on managing poor performance mixed with discussion of real life examples and skills to handle conflict and difficult conversations.
Wherever you are in your business journey, we can provide you with expert employment law advice and services. Our model is designed to suit the needs of your business, so you can get access to legal support on an ‘as needed’ basis. Alternatively, we can operate as an extension of your business to provide support with day-to-day employment issues.
Contact us today to see how our employment lawyers can work with your business.
From drafting employment contracts and handbooks to navigating dismissals and redundancies, our employment law specialists work with a range of start-ups and global businesses to guide them through the difficult employment issues that might arise in your workplace.
Our investigations team employs the latest technology-enabled approaches to ensure no time is wasted in securing vital evidence. Our unique ability to access such expertise in-house sets us apart from many other firms.
Senior executives and professionals face particular employment law challenges that can have a significant impact on their careers.
As a senior executive, your contract is likely to be more complicated than a standard employee’s. For example, it may include restrictive covenants that can limit your options when you leave the company.
Pay and rewards structures are usually more complicated for senior executives too.
It is also important to get legal advice at an early stage when faced with disciplinary or capability issues. The same applies if you are facing restructuring or redundancy.
Professionals are also closely regulated by a variety of governing bodies. You could be subject to restrictions, suspended or banned from practicing your profession if you fail to meet their standards.
If you are a whistleblower or have suffered from discrimination we can advise you on your options and help you navigate the difficult waters in achieving the outcome you seek.
It’s important to be fully informed about your choices – particularly if any disputes arise. Our lawyers can give you the specialist employment law advice you need to achieve your goals.
Firstly you should ensure that the terms of the contract exactly match anything that was offered during the recruitment process. It’s important that the written contract gives you all the rights and benefits you’re expecting (such as salary, bonus, working hours etc).
You may also need to consider any post-termination restrictive covenants in your previous or new employment contract. If any of the terms of your new contract breach any restrictive covenants you signed with a previous employer, you should contact us. You should also consider the impact of any new restrictions on your future career.
There are a number of ways you can pay for your legal work:
We can review your options in an initial meeting and let you know how to best pay for your case. It’s best to have any relevant membership/insurance documents to hand, as they will help us to understand any cover you already have.
Our employment lawyers are based in major cities across the country, so we can help wherever you are.
We offer an initial consultation, either over the phone or in person, where we can discuss your case.
Strategic legal counsel across East Africa, delivering practical solutions for businesses, families and institutions.