My experience
I am a specialist in employment law and have over 14 years of experience dealing with all aspects of employment law.
In particular I deal with the following issues:
- Employment contracts
- Tribunal claims
- Discipline/poor performance issues
- Redundancies and restructuring
- TUPE regulations
- Settlement agreements
- Discrimination
- Policies and procedures
- Drafting handbooks
- Agency worker regulations
- Working time regulations
- Employee related data protection queries
Day to day advice
Whether acting for companies or individuals, I draft clear, concise contracts and other documentation and provide practical advice on a wide range of employment law issues. I provide prompt responses and look to find effective solutions to any problem.
I also advise on restrictive covenant breaches and agency worker regulation.
I have a particular focus on advising in the education sector including sixth form colleges, further education colleges and independent schools. However, I have a wide client base in various sectors including manufacturing, transport and logistics and health and social care.
Tribunals
I have a depth of experience when acting in a range of tribunal claims with issues of unfair dismissal, constructive dismissal, various discrimination, whistle blowing, TUPE and collective consultation rights. I also appear regularly in the Employment Tribunal, both in person, on the telephone and virtually. I undertake my own advocacy.
Training
I have significant experience running bespoke training sessions for employers and HR professionals on many different aspects of employment law. I deliver training online and in person.
Education law
I have experience in advising on education law matters. Given my client base in education, I also have an interest in pure education law as well as employment law.
I have been successful in representing parents in the admission of their children to schools and academies and advising parents in relation to special educational needs. I also work alongside schools and academies, advising as to their legal duties and obligations with a variety of complex procedures surrounding admissions, exclusions and special educational needs.
I aim to help parents through the difficult process of EHC needs assessments and the making of an EHC Plan. I also help parents navigate through the appeal process.
I enjoy working with my clients and want to form lasting relationships. I have great communication skills and really feel that this enables my clients to understand their situation and feel supported, whatever advice is necessary.
I look to provide commercial solutions and practical ways of solving problems. I understand that most employment issues involve complex facts, law and emotions. I like advising in challenging circumstances and bringing all of these elements together.
I am:
- a member of the Employment Lawyers Association (ELA); and
- a trained mental health first aider.
Insights from Claire Merritt
Articles
Podcasts
Recruitment & Retention Part 2: Long Term Employee Retention
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Recruitment & Retention Part 2: Long Term Employee Retention
Many organisations are struggling with retaining talent, with some offering high salaries in order to attract and retain key people. But does this keep good staff in the long term? Employment experts Tabytha Cunningham and Claire Merritt explore the key factors that affect employee retention, and how you can keep existing staff happy and productive.
00:50 Claire talks through the importance of good and frequent communication in your business at all levels.
01:57 Training and development is key. Businesses change all the time and people are looking for their next challenge.
03:17 Managing staff after the pandemic and new skills. How can we effectively manage remote teams and keep them engaged?
05:43 Managing wellbeing and making employees feel valued. What tools are available?
06:55 Flexible working, work life balance and making sure your employees don't feel overwhelmed.
09:12 How do you advertise your roles and do you mention remote working?
09:50 Managing mental health at work. Do you have training in place to ensure managers can help people properly? This can be key in employee retention.
12:09 The importance of recognition. What motivates people is different for each individual but it is always important to show employees they are valued.
13:44 How should you reward employees?
16:19 Career progression and ensuring employees feel they are heading in the right direction.
Recruitment & Retention Part 1: Recruitment Best Practice
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Recruitment & Retention Part 1: Recruitment Best Practice
Welcome to the first of our two-part employee recruitment and retention podcast. Lots of business are struggling to recruit and retain the right people for their organisation. Employment law experts Claire Merritt and Tabytha Cunningham explain how getting your processes right can really help.
01:41 What does best practice look like? Claire examines how contracts of employment can be used as a key recruitment tool.
03:51 Going back to basics and focussing on the requirements of the role.
04:30 Your job adverts - be mindful of discrimination claims be careful with language
05:20 Ensuing you have an objective selection and interview process.
06:40 Risks of getting it wrong - the pressure on wage inflation, the gender pay gap.
09:03 A move towards openness - disclosing salaries and meeting candidate expectations.
10:22 Best practice for candidate onboarding and offering the best support.
12:00 Probationary periods and using these correctly.
Performance management process: getting it right in your business
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Performance management process: getting it right in your business
In our latest employment law podcast, where employment law experts Claire Merritt and Tabytha Cunningham dive into the complex topic of performance management. They explore and advise on how to manage poor performance, why its so important, the key components of a good performance management process and how to address concerns.
Show notes:
00:45
Why is performance management important? Good performance management leads to better productivity, open communication and allows managers to identify, and more importantly resolve issues.
02:20
How has performance management been affected by the pandemic? Good performance management is difficult at the best of times, and the pandemic had led many businesses to be in survival mode which means performance management slips off the radar.
05:05
What are the key components of performance management processes? The important things to remember are to be continuous, and have structure.
09:00
Claire and Tabytha discuss the importance of tailoring targets and performance criteria for individuals.
10:50
How do you set up a performance management process? Its not plain sailing! There is no ‘one size fits all’ but employers should focus on making it realistic, and investing in managers is key.
14:10
Claire and Tabytha discuss how important it is to set goals and targets that are appropriate.
15:15
How to use your system to manage those poorly performing – remember the aim is always improvement, not dismissal.
17:00
How to identify the reasons for poor performance. This could be anything from training requirements to personal issues. Managing this is an important part of good performance management.
18:30
Claire and Tabytha discuss how formal and informal performance management processes can be used together, and how they can serve different purposes.
19:00
What happens when an employee’s performance does not improve, despite a robust procedure?
23:35
Claire and Tabytha tackle a common question: how long do you set targets for?
Managing Mental Health at Work
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Managing Mental Health at Work
Employment experts Tabytha Cunningham and Claire Merritt answer the common questions managers have managing mental health at work. The pandemic has made it even more difficult to spot the signs of poor mental health, so how can we make sure we are being proactive as employers?
01:55 What do we mean by managing mental ill health at work?
03:56 When are employers liable for work related stress? What are the risk factors and where do employers stand?
07:00 What proactive steps can managers take to improve mental health of staff?
11:03 What does it mean to be a mental health first aider?
12:05 When is poor mental health classed as a disability?
16:26 If someone is disabled, what adjustments should you make?
18:42 What should potential triggers or warning signs should managers look out for?
24:08 What should a manager do when an employee discloses a mental health problem?
26:20 How best to manage poor performance related to mental ill health
Resources
Managing and supporting mental health at work with Mind: https://www.mind.org.uk/workplace/mental-health-at-work/taking-care-of-your-staff/useful-resources/
Videos
Top tips: how to get the most from your employment lawyer
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Top tips: how to get the most from your employment lawyer
Wellbeing, mental health & employment law: top tips for managers
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Wellbeing, mental health & employment law: top tips for managers
Employment Law : key takeaways for employers and managers
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Employment Law : key takeaways for employers and managers