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Employment Law

Employment law is constantly changing, and dealing with HR and employment law issues can be one of the most difficult factors in running your business or organisation.

It’s therefore crucial to ensure that you get the right advice at the right time to ensure that you keep on track. Our Employment Law specialists in Chesterfield, Sheffield and Mansfield have many years of experience advising and guiding employers to ensure that they get the best outcomes. We can guide you through the entire life cycle of the employment relationship from recruitment to termination.

Coronavirus Update

Our Employment Law team are working successfully from home, with full access to the systems they need, so minimal disruption to our service is anticipated.  Our main switchboard will continue to operate as normal and the vast majority of our normal administrative functions will still operate.

One of the main things that we are being asked by businesses is what they can do with their staff in this period of downturn.  A word of caution though please, do not fall foul of employment law rights when furloughing staff.  We've heard of a few examples where businesses have assumed that normal rules do not apply.  They do. 

Coronavirus - After Furlough Guide



Areas Covered

The full range of services we can advise on include:

  • Disciplinary and Grievance matters
  • Handling Redundancies and Reorganisations
  • Business Transfers and TUPE
  • Discrimination in the Workplace
  • Family Friendly Rights  
  • Contracts of Employment and Staff Handbooks
  • Restrictive Covenants
  • Employment Tribunals
  • Settlement (Compromise) Agreements
  • Protected Settlement Discussions
  • HR Services
  • Training
  • Mediation
  • Employer Assist

97% of our clients would recommend us to a friend
(Ongoing Client Survey)

Katie is understanding, considerate and very kind and thoughtful in her manner.

Mrs L, Old Tupton

Very professional and showed empathy throughout.

Mr B, Walton

We have used Banner Jones for employment advice for over 20 years and the team have always found the best approach to resolve our problem

Mr. Richard Kay, Operations Manager, Stagecoach East Midlands

Professional yet personal & understanding. Excellent service

Mr P, Chesterfield

Excellent, speedy & professional help. Thank you Katie!

Mr J, Chesterfield

We have an established relationship with Banner Jones which is excellent. Katie understands our operation and this enables her to provide us with pragmatic, accurate advice.  Her extensive legislative knowledge and accommodating style make her the perfect choice for our business.   I would highly recommend Katie and Banner Jones’s service to anyone.


Mandy Parker, Head of People & Service Delivery, Sheffield City Trust

I recently used Katie Ash for an employment settlement agreement. I found her to be very knowledgeable, friendly and she explained points clearly, and used understandable language.

Mrs H, Chesterfield

“Katie Ash recently reviewed an employment agreement for me and provided extremely sound and practical HR advice. She took the time to understand my background and business requirements, which proved invaluable for me to reach the right professional solution. She displayed wide industry knowledge in HR employment matters and I would, without hesitation, recommend BannerJones and their legal and consultancy services provided by her.”

David Hart , InXpress Sheffield

Excellent service due to business relationship with our solicitor.

Mr A, Chesterfield

Service was incredible. Lee Foster made the transition smooth and easy. Thanks Lee!

Mr P, Rotherham

Frequently Asked Questions

Do we have to do anything else in our recruitment adverts?

You need to be able to justify if you are asking for certain levels of experience. Advertising for a bus driver who is safe and has had previous experience is one thing advertising for a bus driver with 10 years’ experience is another. The first option leaves your job advert open for all ages to apply. The second rules out individuals who may be in their early twenties.

 Other points to consider when recruiting new employees:

  • Ensure whoever is interviewing potential employee’s scores interviewees on their skills and competencies as opposed to their age.
  • Although they are not discriminatory themselves consider removing any reference to age on your job application forms.
  • Don’t ask a potential employee for a physical fitness test unless you require them. 

Once you have selected an appropriate employee ensure managers and staff are trained to monitor and avoid any discriminatory behaviour. Also make sure it is clear within any policies you have that discrimination in any form is unacceptable. Ensure managers are fully trained in diversity issues and that they are able to deal with discriminatory issues that arise within the workplace.

Do we need to worry about these requirements if we employ people in their 50’s and 60’s?

Yes you need to be aware of these requirements if you employ anyone of any age. They affect every area of employment as well as the recruitment and selection process. The requirements not only make it unlawful to discriminate on the grounds of age but also harassment whether it be intentional or unintentional or to victimise an individual. 

You need to worry not only about your own actions but also your fellow employees who must be discouraged from making offensive or unkind comments about age or anything in between.

 As with other areas of discrimination if your employee can demonstrate that there has been a difference in treatment which is due to discrimination it is solely down to you the employer to show otherwise or for you to prove that you have done everything in your power to stop such discrimination. There are no limits to discrimination awards and often they include an aspect for suffering, failure to do so can be expensive. 


How does age discrimination requirements effect the recruitment process?

When you are recruiting employees you need to ensure you are not discriminating for or against anyone due to their age. This means you cannot advertise specific age requirements in any of your job adverts unless you can justify them.

Our employees are all in their early twenties if we employ someone in their sixties they would be out of place. Do we have to hire someone of this age?

If you interview someone in their sixties and they turn out to be as good or even better than your current employees in their twenties you should not let their age be a determining factor as to whether you hire them or not. Since October 2006 it has been unlawful to reject anyone for an interview based on their age. There is not a lot employers can do to control the age of their workforce therefore you would potentially have to recruit someone in their sixties even if you have a younger workforce.  

What are the conditions of age discrimination?

In 2011 legislation new legislation was introduced making it unlawful to treat anyone differently due to their age except if it could be justified or falls within one of the exemptions to the law. The retirement age of 65 has now been phased out meaning employers can now only forcibly retire workers if it can be justified.  


What year did the requirements of age discrimination come into effect?

The Employment Equality (Age) Regulations came into effect in October 2006. The retirement age of 65 was phased out between April 2011 and October 2011.

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Talk to our friendly team today on: 0330 017 6309

Katie  Ash
Katie Ash
Head of Employment Law
Sara Patel
Sara Patel
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