Employment law solicitors are usually, but not always, found in the United Kingdom where they have two types of legal representatives. Employment law solicitors, who contact and advise clients and barristers who argue cases in court. In instances where a trial is necessary a plaintiff has to hire a solicitor, who will advise him and then retain a barrister on his behalf. And you thought the employment laws in the US were complex?
Employment law solicitors deal with a great number of rather interesting situations in the course of their work. One of those situations is sex in the workplace. Really? Stranger things have happened one imagines. Actually, having sex at work isn’t a criminal offence, not if both parties consented to it, it’s not a homosexual act and it’s not in public. Really, who thinks of these things?
That aside, an employer would be well within their rights to bring disciplinary action and consult with employment law solicitors about the contract of employment. Why? That particular document might have a clause in it that states something about use of the company property.
If the office was used in such a manner, then employment law solicitors can advise the employer to issue a verbal and/or written warning or possibly dismiss the offending parties. By the way, if it happens that there isn’t such a clause, employment law solicitors can still advocate that the employees committed gross misconduct and be disciplined.
If you happen to have been fired from your employment for having sex in the office, you do have the choice to take your case to an employment tribunal. You might want to think long and hard about that decision though, because employment tribunals are open to the press and public. There aren’t many people who would really want the whole world to know they were committing such an indiscretion on the job.
Another interesting area dealt with by employment law solicitors is something called garden leave – or put another way, a worker is told to serve out a period of notice at home, with pay and benefits. This usually happens if they were higher ups in a company with access to lots of sensitive information, and they are leaving to join the competition. This employee is prohibited from commencing new employment until the garden leave has expired.
Employment law solicitors run across this practice quite frequently and it is best that such a clause is actually in the original contract of employment. The case law in this area clearly states that even a clear garden leave clause will only be enforced to the extent that it is reasonable. So if you find yourself on garden leave, it’s best to find yourself a good solicitor to advise you on how to proceed.