B4 Magazine Issue 33

B4 lead

Darbys Solicitors had to move out of the city centre offices earlier this year – the firm’s growth meant they simply did not have enough room there anymore. Their new offices just up the road in Botley give not just more space but also a different type of space – modern, smart, and collaborative. Everyone knows everyone in the firm now, it is a far more social and sociable environment and the many specialist legal teams that make up Darbys are better able to look after clients in a joined-up way. However, the firm is still growing. It shows no signs of slowing down. WRITTEN BY: DARBYS SOLICITORS PHOTOGRAPHY BY: STUDIO8

Esther Wilkins, Solicitor, Employment Team

Gemma Cleaver, Solicitor, Crime Team

EMPLOYMENT TEAM

CRIMINAL TEAM

Esther Wilkins I am busy with quite a variety of different issues. I am supporting several businesses in long-term sickness absence management and in dealing with disciplinary issues. I am also conducting several claims involving discrimination and unfair dismissal which currently means dealing with disclosure and drafting witness statements. The recent changes to flexible working and the introduction of shared parental leave mean that I have several employee handbooks on my desk which need to be updated to reflect these changes in the law. I am also supporting our corporate team with the employment aspects of an asset purchase, so I am certainly being kept busy.

Gemma Cleaver I am busy with daily trips to the Magistrates’ Court and Police Station in order to defend clients charged with offences ranging from shoplifting to attempted murder. I spend very little time at my desk and, when I am in the office, I am usually seeing clients to prepare their case for Trial.

Businesses could avoid making me so busy by being prepared. In particular in respect of Tribunal claims the old mantra that prevention is better than a cure is certainly true. Businesses that take legal advice early when making big decisions about their workforce or individual employees are far more likely to avoid litigation than those who do not.

IMMIGRATION TEAM

Businesses could avoid making me so busy by serving case papers in advance of hearings, complying with the Criminal Procedure Rules and contacting me by email rather than telephone so that I can respond when I am free. It is also helpful when appointments are kept, deadlines adhered to and reports prepared on time.

Jenny Harvey I am busy advising employers on how to avoid paying civil penalties of as much as £20000 per employee for employing migrant workers illegally, and on how to protect themselves against discrimination claims in the process.

Jenny Harvey, Partner, Head of Immigration Team

Businesses could avoid making me so busy by ensuring that they have a defence against paying a penalty should an employee turn out not to be here legally, or not working legally. They can do this by properly carrying out the “pre-employment checks” as set out by the Home Office. In a nutshell, they should obtain a future employee’s required documentation BEFORE an employee starts work. They should check those documents carefully to ensure that they belong to the person in front of them and that they give him or her the right to work for them. Sometimes they must repeat those checks. They should then retain a copy of the documents in a format that can’t be changed and should keep them for at least 2 years after an employee has left their job. They should follow the same process for EVERY potential employee in the same way so as to avoid claims of discrimination over the recruitment process.”