Employment experience
Our employment team
provides a comprehensive range of services in dealing with
professional and operational HR issues and handles a variety of
employment work including employment law advice and tribunal
representation, HR consultancy, and training.
- General and ongoing advice to
UWIC on a wide variety of issues including:
- Fixed term employees (including
termination, renewal of contracts, redundancy, continuity of
employment, pensions and benefits and employee status)
- Collective and individual
grievances including industrial relations disputes;
- Reviewing all of UWIC’s
Policies and procedures and academic and staff contracts;
- Age discrimination and part
time pension claims.
- Advising UWIC in relation to a difficult
situation regarding a senior academic staff member where there had
been historical performance issues and an intervening
re-organisation. The situation was ultimately resolved by means of
a compromise agreement. The negotiations were made more difficult
due to the terms of the academic contract and potential pension
losses.
- Advising in relation to the transfer of
employees providing podiatry services from UWIC where services
transferred following a tender exercise.
- Advising a number of individuals in relation
to issues surrounding pay progression on the nationally agreed
higher education pay scales and retention of “silver book” terms of
employment. This has resulted in advising on a number of grievances
and potential litigation.
- Advising an education sector client
throughout a difficult disciplinary issue concerning allegations of
unacceptable professional behaviour. This led to the
individual being reported to the National Assembly under the
provisions of the Education (Restriction of Employment (Wales))
Regulations 2000. The case was handled sensitively ensuring that
both the client and individual were protected as far as possible
from potentially damaging publicity.
- Advising Merthyr Tydfil College on general
employment issues, including restructuring and potential
redundancies.
- Advising and providing guidance to a WG
sponsored organisation on trade union recognition and information
and consultation.
- Retained by the General Teaching Council for
Wales (“GTCW”) to prepare and present cases of professional
misconduct and capability against teachers who have been called
before the GTCW’s Professional Conduct Committee as a result of
professional misconduct or capability. Many of the cases are high
profile, attracting press interest with one such case leading to a
North Wales Headmaster being removed from the teaching register for
a minimum period of two years. Instructions have now been extended
to include preparation for and attendance at hearings to decide
whether or not individuals are suitable to become Registered
Teachers following CRB checks.
- Advising public sector clients in respect of
Trade Union matters. We advised one client on how to integrate a
recognition agreement with staff consultation on a voluntary basis
and resist an application for Trade Union recognition before the
CAC in relation to the correct bargaining unit.
- Advising several public sector clients on a
number of ill-health issues, particularly with regard to employees
who have been off on long term sick. Such advice includes
obtaining the correct medical evidence, ensuring that the correct
consultation takes place with the employee and safeguarding against
any breaches of the Disability Discrimination Act 1995.
- Advising the Wales Audit Office on a number
of matters, including issues arising out the implementation of an
agreed job evaluation process.
- Advising a large Housing Association client
on the harmonisation of terms and conditions of employment
following a TUPE transfer including complex issues regarding
provision of pension benefits. This resulted in successfully
defending a multi party claim in relation to imposed changes to
terms and conditions of employment.
Training
- The team has developed close links with
UWIC Business School as a result of being invited
to lecture students over the past two academic years on
the Law and Human Resource Management module of the BA (Hons)
Business Studies Degree. We have lectured on the Level 1 Core
Module of Legal and Management principles on topics such as age
discrimination, Employment Tribunal practice and procedure and the
settlement of employment disputes. Our involvement has extended
further to the Level 2 option module of Law, Equality and
Diversity, where we have conducted tutorial sessions on
discrimination and assisted students in preparing for a Mock
Employment Tribunal hearing, as well as conducting Mock Tribunal
proceedings.
- The team has a close connection with Cardiff
University Law School including chairing the annual mock tribunal
for students.
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Sector information