Clarifying Employment Relationships in Franchise Networks
One of the most frequently misunderstood aspects of franchising is the employment relationship, or the absence of one between franchisors and the staff employed by franchisees. This area can quickly become complicated, particularly as franchisors seek to maintain consistent brand standards while ensuring they do not cross the line into exerting the level of control that could create unintended employment obligations.
We help both franchisors and franchisees understand this balance, offering clear guidance on operational practices, compliance considerations, and the distinctions that must be maintained to avoid employment liability. Our support ensures that brand consistency is protected while each party meets its legal responsibilities with confidence.
Support For Franchisors
We help franchisors structure their systems to maintain independence from franchisee employment matters. Our services include:
- Structuring franchise agreements to maintain independent contractor status.
- Advice to avoid creating employment relationships with your franchisees.
- Guidance on franchisor involvement in franchisee HR decisions to ensure you do not take on employer’s liability.
- Advice on TUPE implications when franchisees change or franchise agreements are terminated.
- Support with restrictions on franchisees from poaching staff from other franchisees.
Support for Franchisees
We help franchisees meet their responsibilities as employers and manage HR issues correctly. Our services include:
- Drafting employment contracts for your franchise staff.
- Preparing HR policies and employee handbooks.
- Assistance with compliance across employment law obligations.
- Support with managing disciplinary and grievance procedures.
- Advice on redundancy and TUPE situations.
- Clarifying your obligations versus the franchisor’s role.
- Guidance on restrictive covenants to protect your franchise investment.
- Advice on holiday pay, national minimum wage, and statutory rights.
Why Work With Us?
Real World Perspective
Our in-house experience means we’ve lived franchising and understand all aspects of a franchise business. We understand the pressures franchisors face in protecting their systems and the concerns franchisees have about safeguarding their investment.
Holistic Advice
Your franchise agreement does not exist in isolation. We consider your business strategy, market conditions, and long term goals to provide advice that supports your bigger picture and provide advice in the context of your being in the franchise sector.
More Than 20 Years of Experience
With two decades of experience in the franchise sector we have seen what works, what does not, and how to anticipate issues before they become problems.
Approachable Counsel
If you are new to franchising, understanding how the law impacts your business can feel overwhelming. Whether you are new or experienced, we explain matters clearly, answer your questions thoroughly, and make ourselves accessible throughout our work together.
Ready to Get Started?
Whether you’re launching a franchise system, expanding to multiple units, or considering your first franchise investment, let’s talk about how we can help. Why not schedule a consultation to discuss your needs and explore how we can work together.
Please call us or email and we’ll get back to you as soon as possible.
We aim to keep legal jargon to a minimum and guide you through the process in a manner that is easy to understand.
Our highly-skilled solicitors offer tailored, strategic solutions to even the most complex matters, ensuring you receive the guidance and support you need.
We will be by your side throughout every stage of the process and will provide you with regular updates and advice along the way.
We communicate thoroughly with you from the outset to ensure that we fully understand your individual needs. This allows us to accurately quote for your matter leaving you without any unexpected surprises and fees further down the line.
We provide our clients with a concise and transparent breakdown of costs from the outset of the matter and throughout any subsequent stages. This enables you to build faith and trust in us early on to form a lasting relationship.
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