FAQs

What each partner is entitled to do in a partnership is defined by the partnership agreement, or the conduct of the parties established over a period of time, or a combination of both.

If you have discovered that your partner is in breach of their duties under your agreement you need to act swiftly to ensure that irrecoverable damage is not caused to the business.

If, for instance, a partner is taking money from the partnership account for their own ends, as well as depriving you of the potential benefit of that money, your partner may also be failing to pay debts to your suppliers, which in turn could leave you personally liable for the debts of the business.

If the employee has already been dismissed, you must ensure that they have been given a right to appeal that decision. The employee will then need to commence ACAS Early Conciliation to raise their claim before issuing employment tribunal proceedings. The ACAS Early Conciliation will give you advanced warning of the claim and enables you to decide whether to offer a resolution, such as a settlement payment.

You must ensure that you follow your own disciplinary procedure and the ACAS Code of Practice on Disciplinary and Grievance Procedures. This includes carrying out a separate investigation, inviting the employee to a disciplinary hearing, providing them in advance with details of the case against them, allowing the employee to state their own case and call witnesses or produce evidence, applying an appropriate sanction such as a disciplinary warning, and allowing the employee an opportunity of appeal against the decision taken. The employee also has the right to be accompanied by a work colleague or trade union official at disciplinary and grievance meetings.

Employment solicitors will normally represent and advise clients in relation to contentious legal issues, whereas HR consultants will normally provide a hands-on service, for example sitting in disciplinary and grievance meetings to advice.

Settlement agreements are used to resolve disputes between employees and employers, normally at the end of the employment. Employers will want to ensure that the settlement agreement is drafted to be compliant with the law relating to settlement agreements and validly waives any potential claims that the employee may have in relation to their employment and the termination of their employment.  

There may be other points that the employer also wants to cover off in a settlement agreement, such as confidentiality. We can support employers with drafting settlement agreements that meet both the legal requirements and the employer's needs.  

Settlement agreements are used to resolve disputes between employees and employers, normally at the end of the employment. The law surrounding settlement agreements requires that employees must have independent legal advice in order for a settlement agreement to be binding. It is customary for the employer to pay a contribution towards the employee’s legal costs in taking advice on the settlement agreement.

If an employee falls ill before a pre-planned holiday, or during that holiday, they are legally entitled to re-schedule that holiday and to take it later. Employers should set out how the employee must report such absence within their holiday/ sickness policies.

Holiday pay should be calculated on an employee’s normal rate of pay. This should include their basic pay, together with payments intrinsically linked to their role. Current caselaw shows that this will normally include guaranteed and compulsory overtime, commission, bonuses related to performance, and other allowances, such as shift allowances. The rules are complex and advice on your own circumstances is essential to ensure you do not overpay or underpay holiday entitlement.