Our services. Employment
Focused and independent legal solutions from employment specialists.
Our employment law specialists offer support and advice to employers at every stage of the employment “life cycle” from recruitment, through all aspects of the working relationship, to cessation of employment and post-termination concerns.
We regularly assist employers who are new to the Isle of Man by providing tailored re-location assistance; we can supply employment documentation and support in complying with the various legal and administrative steps involved, including immigration and work permits, registering as an employer with Government and other compliance requirements dependent on activity/sector.
Equally, we provide technically sound and practical assistance to established Isle of Man businesses in all employment and HR situations; we regularly advise leading Island businesses in various sectors including financial services, life assurance, transport, media and communications, biotech, gaming and retail.
Our lawyers apply their specialist knowledge and experience to provide insights and training to clients, working in partnership to look after businesses’ key asset – their staff.
“Excellent understanding of English law when dealing with multinational clients with a presence on the Isle of Man, proactive and super responsive employment team.”
Contracts of Employment, Policies and Procedures
We have wide experience of drafting bespoke employment documentation, tailored to a client’s business, industry sector and house style. Not all situations require the same degree of formality and approach, but we ensure that the necessary terms and procedures are in place, prioritising clarity. This enables clients to hire and manage staff with confidence based on appropriate contracts, handbooks and policies.
We also assist employers to “paper” bonus and incentive arrangements and other matters supplementary to the main employment terms.
Undertaking an audit of your existing documentation can help us identify any gaps, provide updates and suggest improvements to keep employment and HR paperwork compliant and relevant.
Workplace Investigations and Capability Concerns
Employers need to know how to handle disciplinary and grievance issues in accordance with employment law and best practice. We can advise at every stage from the initial response to a situation, through to carrying out an investigation, holding hearings and decision making.
We can also help with “difficult” HR conversations that employers may need to have from time to time relating to underperformance and capability “gaps” to ensure a sensitive and legally sound approach.
Our objective is to assist our clients achieve an optimum outcome which may involve different solutions depending on the client’s objectives and the specific circumstances.
Immigration and Work Permits
The Isle of Man has its own immigration service and separate rules to the UK, though some common principles apply. In addition, the Island has a work permits regime which extends to anyone who is not an “Isle of Man worker” or who doesn’t have an “immigration employment document” (i.e. work visa).
We are experienced in guiding employers through the process of making an off-Island hire or employing someone who is otherwise subject to restrictions on their right to work in the Isle of Man. Of course, this may go hand in hand with relocation of the employee; in such cases we are able to assist with the co-ordination of immigration and employment aspects, liaise with the relevant Isle of Man agencies and help get the working relationship off to a good start.
Redundancy, Restructures, Mergers and Acquisitions
As businesses evolve over time, changes will be encountered with the workforce arising from redundancies, business transfers and flexible working arrangements or the use of contractors. This is an area in which Isle of Man law differs from the UK in some important respects. Our experienced lawyers can advise on the best way of implementing changes so that the correct legal approach is followed and the risk of unwanted business disruption is minimised.
We also undertake due diligence in the context of acquisitions, ensuring that the target business is in adequate shape from an employment perspective, with any issues or potential liabilities signposted at an early stage. Offering accurate technical advice and a pro-active attitude, Cains’ specialists work alongside our corporate teams as part of Cains’ comprehensive deal support services.
Disputes and Employment Litigation
Our employment team includes litigation specialists who have experience of representing clients in cases before the Isle of Man Employment and Equality Tribunal and additionally in the High Court. Consideration is always given at appropriate stages to alternative forms of dispute resolution and settlement, where aligned with the client’s commercial objectives. Our lawyers are experienced at negotiating terms and advising on strategy in such matters.