Employment Law

Ross Taggart has years of experience in  providing advice to clients from a range of sectors including Oil & Gas, Offshore Service Providers to small & medium sized businesses, involved in construction, building, manufacturing and service provision. 

Executive Dismissals & Negotiated Departures

Ross has acted for a wide range of senior executives in both the private and public sectors who have either been dismissed or who have required to negotiate the terms of their departure.

This is a highly sensitive area with very significant sums of money and reputational issues at stake.

We advise on matters such as:-

  • Tax efficient payment structures
  • Share option schemes
  • Bonus payments and LTIPs
  • Directors' duties
  • Carry/co-invest schemes
  • Restrictive covenants
  • Internal and external departure statements and references
  • Executive outplacement coaching
  • FCA regulatory issues
  • Confidentiality
  • Shareholding issues

He also provides advice to individual employees on all aspects of employment law.


Settlement Agreements (formerly Compromise Agreements)

You may be asked to sign a settlement agreement if you have a dispute with your employer, if your employment is terminating or if you are being paid an enhanced redundancy payment. Ross Taggart has a large amount of experience of negotiating and advising on settlement agreements (formerly compromise agreements) which means that he will ensure that you get the best deal possible. You are required to take legal advice for the settlement agreement to be valid and to ensure that you have a full understanding of the terms and consequences of the agreement. This means that if you are asked to sign a settlement agreement it is very often the case that your employer will pay your legal fees.

Discrimination Advice

Under the Equality Act 2010 employers cannot discriminate, harass or victimise on the basis of the protected characteristics. Under the Act, protected characteristics are based on: 

  • sex
  • race disability
  • sexual orientation
  • gender reassignment
  • marriage and civil partnership
  • pregnancy and maternity
  • religion or belief
  • age

Ross Taggart has dealt with a number of discrimination claims but he will never lose sight of the impact that discriminatory treatment has on you as an individual. Our firm can offer much needed support and advice to assist you in resolving the situation. Ross was recently involved in major discrimination litigation over equal pay on an offshore installation.

Types of Discrimination

A brief overview of the main types of discrimination in terms of the Equality Act 2010 are given below. 

Direct Discrimination

This is where discrimination occurs where "because of a protected characteristic, A treats B less favourably than A treats or would treat others".

Indirect Discrimination

This is where acts, decisions or policies are made which are not intended to treat anyone less favourably, but which in practice have the effect of disadvantaging a group of people with a particular protected characteristic. Where such an action disadvantages an individual with that characteristic, it will amount to indirect discrimination unless it can be shown that the actions were a proportionate means of achieving a legitimate aim. 

Harassment / Victimisation

The law also prohibits an employer from harassing an employee or prospective employee on the grounds of a protected characteristic. Similar protection exists for individuals in respect of being victimised because they have enforced or attempted to enforce their rights under the Equality Act.

If you believe your employer has discriminated against you contact our expert discrimination lawyer to discuss your situation. You can arrange to meet Ross in our office or, alternatively, we can provide advice over the telephone

Redundancy Advice

Being told you are at risk of redundancy or being made redundant can be extremely upsetting. Our specialist employment lawyer can provide you with expert redundancy advice and support at this difficult time so that you have a full understanding of your redundancy situation. This ensures that you are in the best possible position to challenge your redundancy or, alternatively, to maximise your redundancy package. Ross will discuss your case and leave you with a full understanding of the options open to you.

Unfair Dismissal

Unfair dismissal is the termination of an employee's employment without fair reason or where the employer failed to follow the correct dismissal procedures.

We can help ensure that you make the best out of a difficult situation. At present there  are currently five situations where a dismissal will potentially be fair. These are where the dismissal is for:- 

  • capability
  • conduct redundancy
  • contravention of a statutory enactment
  • some other substantial reason of a kind such as to justify the dismissal of an employee holding the position  which the employee held

If you have not been dismissed but your employer is in material breach of your contract of employment then you may be able to resign and claim constructive dismissal.

As an employee if you believe that your dismissal is unfair then Ross can help you. He will  provide unfair dismissal advice and his negotiation skills to resolve matters on the best possible terms. If it is necessary to proceed to an Employment Tribunal we will use our presentation and advocacy skills to argue your unfair dismissal case.


 



Ross Graduated from Aberdeen University in 1977. He has worked in both Edinburgh & Aberdeen and has been a partner in three legal firms since 1984. He has considerable experience in all court and tribunal related matters.

  • Office: 01224 588020
  • Fax: 01224 588030
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