Day-to-Day Advice for Employers

For Employers

Day-to-Day Advice for Employers

For Employers

We regularly advise HR teams and owner-managed businesses on all day-to-day employment issues from grievances and poor performance to contracts and TUPE.

Do you provide legal advice to HR teams?

Yes. We are often engaged by HR teams to support on the legal side of things. Our clients can pick up the phone to us to talk through any tricky issue and we partner with them to solve their problems.

Can I dismiss an employee for poor performance?

Yes - capability or poor performance is one of the potentially fair reasons for dismissal, so if someone is underperforming then dismissal may well be on the cards.

However, in order to avoid liability for unfair dismissal a fair process should be followed. That will generally entail informing someone of the problem and warning them of the consequences of a failure to improve, setting targets for improvement, and giving them a reasonable period of time in which to demonstrate that improvement.

A fair process can take some months, over which the employee may well turn things around. We can advise employers on a fair process, but also on whether this is a case where different options are worth exploring.

For example a lighter process may be followed for short serving employees, or in some cases an employer may just want to exit the employee on agreed terms with a settlement agreement. We can support and advise. Speak to one of our expert advisers to discuss your options.

Is poor performance considered misconduct?

No. Poor performance is generally a capability issue (i.e. whether an employee is up to the job), whereas misconduct is about someone’s conduct or behaviour.

Both capability and conduct are potentially fair reasons for dismissal, but the process to be followed to achieve a fair dismissal will be different depending on whether your concerns relate to capability or conduct.

In capability cases, a performance management process will usually be needed, whereas in misconduct cases a disciplinary process is likely to be needed. We can support businesses with both types of processes and advise you on your best options.

Can you advise me on the TUPE process?

Yes, TUPE is one of our areas of expertise.  We often advise on whether a situation triggers TUPE obligations, and on what those obligations entail, including the provision of TUPE information to staff or their representatives, and consultation. There can be significant exposure to valuable claims if TUPE situations are mishandled, so this is an area in which it is prudent to take advice.

There's more information on our TUPE services for employers here.

Here at Julian Taylor HR we're a small but very experienced team of employment law solicitors. What makes us different to other firms is that you're going to be working directly with one of us - we won't pass your case off to a junior, or someone else working behind the scenes.

Our team have a huge amount of experience dealing with all areas of employment law, for both employees and employers - so don't hesitate to reach out for a chat about your own needs.

Julian Taylor Solicitor

JULIAN TAYLOR

Partner and Founder
Paula Rome

PAULA ROME

Consultant
Jayne Sinclair

JAYNE SINCLAIR

Consultant

Chambers 2024 "Julian would always be my first choice for employment advice at any level of complexity."

What the team is known for: Julian Taylor Solicitors is a boutique firm that handles the full spectrum of employment work, including restructuring and TUPE issues. Julian Taylor Solicitors regularly advises on matters relating to employment status and senior exits. The firm represents national clients in the technology, legal and non-profit sectors.

Julian Taylor is a well-regarded employment practitioner recognised for advising his clients on an array of HR-related disputes as well as negotiating senior employee exit terms. He is additionally adept at handling unfair dismissal claims and is noted for his experience of contractual issues and post-termination restrictive covenants.

"Julian is very experienced and confident. He is pragmatic and empowers the client to make informed decisions."

Paula Rome is an employment specialist who is recognised for her expertise in employment matters involving collective consultation. She also advises on senior exits, regularly working with both employers and employees in that area.

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“This team punches well above its weight, particularly in the high quality of legal advice, client care, responsiveness and experience. While the team is small, they provide an excellent service, on a par with some of the best London employment teams."

“Julian Taylor is a fantastic lawyer. He is knowledgeable, sensible and clear. He is usually my very first recommendation when asked for an employment solicitor."

“We instruct Julian Taylor on all of our employment issues and find them to be sensitive, commercial and practical in their advice."

Founding partner and seasoned litigator Julian Taylor heads the team.

The Legal 500 – The Clients Guide to Law Firms

Employers General Advice Solicitors in Oxford & Buckingham

It’s natural that during the running of a business you will have many legal questions to ask, relating to HR, issues with employee performance, and questions around restructuring a business. Here at Julian Taylor Solicitors in Buckingham we provide ongoing general advice to a range of businesses across the UK, enabling them to feel more confident about the decisions they make, allowing them to focus on running their business. Reach out to one of our employment law specialists for further advice.

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