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During the first stages of setting up a company, attention tends to focus on perfecting the product or service and gaining a deeper understanding of the market. Start-ups also need the flexibility to survive if there are fluctuations in funding, an unexpected development or variations in projected demand. So it’s understandable that staffing and resourcing issues can be left on the back-burner. Yet it’s always better to get employment law and HR right from the outset because who you employ, and how you do it, can make or break any business.

Below is an overview of the some of the employment issues we regularly help our tech start-up, spin-out and high growth clients figure out. To find out how we can help tailor employment and HR solutions to your business, please contact us.

Tech Start-Up Employment Law

Developing your start-up or spin-out to a point where you’re ready to employ someone is a real achievement, but recruitment and maintaining an interested and productive workforce also comes with a lot of responsibility. It can also be difficult to know where to start. This is where the specialist lawyers at MBM Commercial come in. Our Employment and Holistic HR team are committed to providing employment services that are right for our tech start-up clients. Amongst other things, we can help you:

  • Assess your need for employment and delineate roles in line with expected growth and development. For example, ensuring there is a fully developed role and whether that role should be carried out by an employee or consultant. Employees can be more onerous, accruing rights, but they can also be a source of reliability, expertise and support. Consultants are far more flexible and pay their own tax, but they can also demand staggeringly high fees. For more advice on hiring your first employee, read our guide for start-ups.
  • Get set up as an employer and address legal requirements and other practical matters. For example, assisting you to register with HMRC, set up PAYE (Pay As You Earn), get suitable insurance cover and set up a workplace pension scheme. We will also draft and negotiate employment contracts, terms and conditions and other relevant documents, as well as helping you to design policies for grievance and dismissal procedures. All of these are crucial if you’re to stay on the right side of the law and avoid penalties from governmental bodies and/or costly claims being made against the business by employees.
  • Design an effective recruitment process for hiring staff members who will or have the potential to be valuable assets. We can also provide advice on remuneration packages, employee share schemes and other incentive arrangements.
  • Put in place measures that can protect your business interests should an employee leave, such as post-termination restrictions, settlement agreements and exit deals. We can also ensure intellectual property rights are protected, such as by clarifying ownership and licensing rights.
  • On-going employment law and HR support to assist with the management of employee matters. As well as reviewing employment measures periodically to ensure our clients’ interests are protected, our team is also able to provide training so our clients are ready to effectively use employment and HR tools as and when situations arise.

Our experience has taught us that the best approach to employment matters involves understanding, appreciating and capitalising on the value a workforce brings to a business, and aims at avoiding risks and minimising any damage should a disagreement occur. Our experience has also taught us that employment disputes can and do arise, particularly in volatile, high-pressure work environments such as those in the technology sector. Whether in respect of allegations of unfair dismissal, disagreements over remuneration, unlawful use of confidential information or evidence of IP infringement, our specialist lawyers will fiercely fight your corner and do all they can to protect your interests.

We are committed to providing the very best legal advice for the full range of employment law and HR services. Our focus is on getting issues resolved in a commercial, expedient and cost-effective basis, and our mantra is to help you get the result you want, on time and on budget.

Our Holistic HR Service for Tech Start-ups

Our lawyers understand the pressures put on entrepreneurs and early stage ventures, which is why they’re committed to equipping clients with the skills and knowledge they need so they can focus on climbing the growth curve. Our Employment and Holistic HR team regularly help tech start-ups and spin-outs enter and navigate the constantly changing maze of employment law and HR issues. Our clients value our ability to draw on our vast sector experience and legal knowledge to provide sound advice and assistance that’s tailored to their specific needs.

We can help you develop an employment strategy that swerves avoidable pitfalls and complements your business objectives. We can also provide bespoke training on vital on-going employment and human resources issues, such as dealing with absence, discipline and grievance, performance management and contracts of employment. We provide many of our clients with specialist employment advice in respect of the above matters and more for a set annual fee through Holistic HR, our unlimited employment law and HR related service that side-steps the uncertainty and worry of escalating fees. However, if you would rather we provided advice as and when required, we’re able to do so for a fixed fee in most cases.

Contact our Tech Start-ups Employment Lawyers & HR Support Team, Edinburgh & London

MBM Commercial has a strong reputation as a leading legal adviser to tech start-up and spin-outs, with vast experience in the fields of information technology, telecoms and e-commerce and a large number of clients operating in these sectors. We are committed to helping our clients succeed and always aim to help make connections and add value wherever possible. For more information about how our Employment and Holistic HR team can help, please contact us.

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