"Generally you need to be employed for more than 2 years to bring a claim however, there are exceptions"
Generally an employee who has been employed for more than two years has the right not to be unfairly dismissed. A dismissal in such circumstances will be unfair unless the employer can show the reason for the dismissal was one of the potentially fair reasons and that, in all of the circumstances, the employer acted reasonably in treating that reason as a sufficient reason. In certain circumstances, a dismissal may be deemed automatically unfair which means an employee will not need to be employed 2 years to make an unfair dismissal claim. If you have been dismissed or are facing dismissal, contact one of our employment law solicitors.
"Wrongful dismissal is a dismissal in breach of contract. Fairness is not an issue"
Wrongful dismissal is a dismissal in breach of contract. This means that fairness is not an issue that needs to be considered by an employment tribunal. The sole question is whether the terms of the contract, which can be express or implied, have been breached. For example, the following types of breach of contract are often involved in claims for wrongful dismissal; breach of a notice term, breach of a contractual disciplinary or redundancy procedure and termination of a fixed term contract. If you believe that you have a wrongful dismissal claim, contact our specialist employment solicitors to arrange a free consultation.
"Employment Tribunals only have jurisdiction to hear the claims set out in Employment Tribunals Act 1996"
Employment Tribunals were set up in the 1970's to provide a speedy, informal and inexpensive forum for the resolution of employment disputes. Employment Tribunals only have jurisdiction to hear the claims set out in the Employment Tribunals Act 1996. Generally before issuing proceedings at an Employment Tribunal the individual seeking to bring a claim must refer the matter to pre-claim Acas early conciliation. Our team of specialist employment law solicitors have substantial experience in bringing and defending employment tribunal proceedings. If the Employment Tribunal is an option, contact us to arrange a free consultation.
Discrimination at Work
"There are various types of discrimination including; direct, indirect, harassment and victimisation"
The Equality Act 2010 protects individuals from discrimination due to their; age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation. There are various types of discrimination and other unlawful conduct set out in the act including; direct discrimination, indirect discrimination, harassment, victimisation and instructing, causing, inducing and helping discrimination. If you have experienced discrimination at work and need specialist legal advice, contact one of our employment law solicitors.
Settlement and Compromise Agreements
"Generally employers pay the cost of entering into a settlement agreement and payments to employees up to £30,000 may be tax-free"
A settlement agreement formerly known as a compromise agreement is an agreement between an employer and employee to compromise an employee's contractual and statutory claims on termination of employment. There are special rules that govern settlement agreement however generally, employers pay the legal costs of entering into the agreement. Settlement agreements are a common way for an employer and employee to part ways amicably. If you have been offered a settlement agreement or would like to explore an amicable departure from your company, contact one of our employment law solicitors to arrange a free consultation.
Disciplinary and Grievances
"An employers procedure should take into account the Acas Code of Practice on Disciplinary and Grievance Procedures"
Employers have certain obligations under the Employment Rights Act 1996. Generally employers will comply with their obligations by setting out a procedure that will be followed where allegations of misconduct have been made against an employee. The procedure should take into account the Acas Code of Practice on Disciplinary and Grievance Procedures and other best practice advice. If you have raised a grievance at work or been subjected to disciplinary proceedings, it is important that you take legal advice. Contact one of our employment law solicitors to arrange a free case analysis.
"During redundancy proceedings employers must ensure they act fair or face a potential tribunal claim"
Broadly speaking, redundancy is used to describe a situation in which an employer decides to reduce the number of its employees, either within the business as a whole, or within a particular site, business unit, function or job role. An employer may decide to make redundancies for a variety of reasons including; recession or other economic pressures, changes in the nature of products or services, internal reorganisation to make more effcient use of roles and duties, technological developments resulting in change to some or all job functions or relocation of business. Before making an employee redundant certain procedures must be followed and failure to do so could lead to an unfair dismissal claim. If you have been put at risk of redundancy or need to make redundancies, contact one of our specialist employment law solicitors.