UK Employment Solicitors - http://www.employmentintegration.co.uk/

Employment Law Solicitor - UK Tribunal Compensation Claim Advice

SOLICITORS HELPLINE: ☎ 0345 515 0655


Our employment law solicitors represent workers in the Employment Tribunal in the United Kingdom. We use the No Win No Fee scheme and if you do not get compensation for your claim, you pay nothing in legal fees. If you call our office we will put you through to an employment solicitor, who will give you free advice and guidance about your claim without further obligation. Our employment law solicitors practice in three main areas:-

  1. Unlawful Dismissal
      Our employment solicitors handle cases involving unlawful dismissal. This includes constructive dismissal and unfair dismissal, where an employee has been fired from the job without valid reason. Employers should provide a clear reason for dismissal and have evidence to back such a claim up; otherwise a claim for unfair dismissal may succeed. Or it may involve constructive dismissal, where an employee has left the firm due to conduct of the employer which breaches the employment contract. Or it can be an alleged redundancy which may or may not be a genuine reason for dismissal.

  2. Discrimination & Harassment
      Discrimination is treating, or proposing to treat, someone unfavourably because of a personal characteristic protected by law. The Equal Opportunity Act 2010 sets out 18 personal characteristics that make discrimination in employment against the law. Our employment solicitors handle cases of harassment and discrimination at work. In the past, harassment at work might have been construed as harmless teasing, but in more recent times the true effect of harassment has become more evident. Shouting at employees and being unfairly critical are more obvious ways in which one worker may harass another, but more subtle ways are worth consideration too. Systematically overloading employees with work, blocking them for promotion, spreading rumours about an employee among other workers, even excluding them from activities or ignoring them are ways in which employers or colleagues may harass employees. At its worst, harassment may take the form of discrimination on the grounds of age, race, gender, sexuality, or disability. An employment solicitor may be able to help you with all of these problems.

  3. Employment Rights
      Our employment solicitors can provide you with detailed advice on particular aspects of the law. If you want to clarify and understand your rights in respect to wages, equal opportunities, working time regulations, maternity leave or on the rights you have when the firm you work for is transferred to other owners (Transfer of Undertakings Regulations), then talking to a specialist lawyer is likely to help. You may be looking for employment and be keen to understand the conditions under which your proposed new employers are required to employ you. You may be in employment and concerned that your employer is breaching regulations.

Lawful Termination

In order for an unfair dismissal solicitor to establish that the termination of employment is fair an employer must be shown to have acted in a reasonable manner. An employer is required to fully investigate the situation leading up to the termination and to be able to fully justify the dismissal failing which the employee may have a valid claim for compensation. To justify termination an employer must show that it was for conduct, capability, redundancy, illegality or for some other substantial reason. An employer can legally terminate employment in the following circumstances :-

  • An employee must behave in a reasonable manner and if his conduct is unacceptable including theft, dishonesty, corruption, drug abuse, drunkenness, abusive behaviour, unjustified absences, regular lateness or unsuitable appearance then an employer may dismiss the employee without fear of retribution from the Employment Tribunal.
  • If an employee is unable to do the job in a satisfactory manner then the employer is entitled to replace him with some who can do the job.
  • Dismissal can be fair if it is by reason of redundancy however there are detailed procedures which must be followed by an employer if the termination is not to be deemed unfair dismissal. It is almost always worth an unfair dismissal solicitor considering the redundancy process as there are many hurdles where an employer can fall thereby giving an employee the opportunity to claim compensation always providing that the employee has been employed by that employer for at least two years.
  • If continuation of employment causes a breach of the law then the employment can be terminated legally. This particularly applies in regards to work permits for employees from outside the EU.
  • Dismissal can be fair for other substantial reasons and an Employment Tribunal is duty bound to consider any new situations that may arise that they have not dealt with before.

Unfair Dismissal

Termination of employment can only be made with sufficient justification and the employer must conduct the termination in an even-handed manner. Typically an employer must first issue the employee a warning, informing them of their unacceptable behaviour and making them aware of the potential consequences. If the employer does not adequately investigate the matter before termination, a solicitor can make a claim for unfair dismissal in the Employment Tribunal which determines whether the termination was justifiable on one of the five permitted grounds: redundancy, illegality, conduct, inability to carry out the work or some other reason of substance.

Action that is automatically classified as unfair dismissal includes

  • discrimination or victimisation based on sex, age, disability, race and religion
  • pregnancy, making doctor's appointments, or taking maternity
  • when an employee refuses work in excess of the 48 hour average or takes annual leave
  • medical conditions that do not affect performance
  • joining or not joining a trade union
  • taking parental, paternity, or adoption leave or time off to attend to family matters

There are a number of reasons a dismissal could be judged unfair, most of those reasons add up to the dismissal being unlawful. When an employer does not follow proper procedures prior to dismissal, give adequate warning or the reason given was false then employment termination becomes an unfair dismissal liable for compensation or redress before the Employment Tribunal which may also order the employer to reinstate the individual if the former employee so desires.

Constructive Dismissal

Constructive dismissal occurs when the employer breaches the employment contract in such a way that the workplace becomes intolerable to the employee. Under those circumstances, the employee is entitled to resign and to instruct an employment law solicitor to claim for financial compensation. This concept is known as constructive dismissal which is a category of unfair dismissal. Actions by an employer, which might be considered as constructive dismissal because they constitute a fundamental breach of the employment contract can include :

  • treatment that is abusive
  • reassignment which affects job location
  • unfavourable revisions to the conditions of employment
  • unreasonable or unexplained modifications to an employee’s job obligations

Workplace Discrimination

Discrimination continues to be a problem at work. If you believe you have been a victim of discrimination in the workplace or while applying for work, contact our office to speak with an employment solicitor, find out what your rights are or if you have a claim for compensation that can be brought before the Employment Tribunal.

Discrimination can be direct, such as outright unfair or detrimental treatment. It can also be indirect, such as an unjustifiable policy or requirement that negatively affects one group of people more than others. Harassment is a third type of discrimination, which can involve bullying, threats, offensive comments, constant criticism or making someone the repeated butt of jokes.

Victimisation is when an individual who has made a complaint about discrimination is then treated detrimentally by their employer. Victimisation also includes treating someone detrimentally because they have announced an intention to make a complaint or because they are giving evidence in a discrimination complaint. Victimisation is an act of retaliation.

UK Legislation protects employees from workplace discrimination and also when applying for employment. Anti-discrimination laws address a variety of topics based on:

  • sex
  • disability
  • pregnancy
  • religion
  • race
  • age
  • sexual orientation

Workplace Bullying

Bullying in the workplace or at functions related to work encompasses a wide variety of behaviour and unfair treatment. Bullying can comprise anything from constant negative criticism to physical attacks. Bullying normally involves a pattern of abuse which may be at the hands of the employer, a superior or a co-worker who may subject the victim to hostile, degrading, and sometimes threatening behaviour. Some superiors think of it as mentoring or toughening the employee up however an employee has a right to a work environment free of this type of behaviour or harassment. Those subjected to bullying might have a claim for compensation before the Employment Tribunal.

Whistleblowing

Whistleblowing laws protect employees who report corruption or misconduct in the workplace. Whistleblowing describes an employee who publicly discloses illegal, unsafe, or illegal practices within the organisation where they are employed. The rules for protection for whistle-blowers are complex and you should take detailed legal advice before taking any precipitous action.

Redundancy

Redundancy normally occurs when an enterprise is discontinuing operations or going out of business and when a shift in the future plans of the organisation makes a certain skill-set obsolete; however, in rare cases an employer will attempt to use redundancy to rid the organisation of a worker that they consider expendable, but lack sufficient lawful reasons to terminate the employee. That is a sham redundancy which is an unfair dismissal entitling the victim to claim substantial compensation in the Employment Tribunal.

English law provides protection to an employee from unfair dismissal however an employer is allowed to terminate employment if it is carried out in a fair and reasonable manner. Termination may be reasonable if it is by way of a genuine redundancy which may give entitlement to compensation. In order to be eligible for a payment under the redundancy regulations, a worker must have been in the employ of the business for a minimum period of two years.

Compensation

The Employment Tribunal awards compensation in two categories, a basic award and a compensatory award. Both awards may be capped by statutory financial limits dependent on the type of claim. The exact amount of the basic award compensation depends on the length of employment at the current organisation and the age of the employee. The financial loss suffered by the employee due to dismissal is the basis for compensatory award amounts.

It may be possible for an employment solicitor to appeal the Employment Tribunal’s judgment. If the basis of an appeal is a point of law instead of any of the facts in the case, you might be able to make application for an appeal to the Employment Appeal Tribunal (EAT.) The EAT has discretion to examine new evidence only under certain unusual criterion.

Time Limits

Time limits apply and a claim must be filed in the Employment Tribunal within three months of the termination however the Employment Tribunal can, at their discretion, extend this period. Do not delay in taking legal advice from an employment solicitor or the opportunity to claim compensation may be lost forever.

Employment Law Solicitors

Our employment law solicitors offer legal assistance on a 'no win no fee' basis. This type of arrangement is professionally called a 'conditional fee agreement' (CFA) which is an agreement in which expenses and fees are payable only under specific conditions. Our employment law solicitors use a no win no fee agreement for Employment Tribunal cases whereby a client with an employment dispute agrees to pay a percentage of any award received to the solicitor for representation but only if the solicitor succeeds in the claim and the client is awarded compensation.

The CFA effectively moves the risk in bringing claims from the client, who in many cases is now unemployed, to the solicitor. This gives the solicitor more motivation in assessing the risk of a claim more accurately and more incentive in preparing and representing a client. If the compensation claim fails, the solicitor will not get paid and must write off time and expenses. The client usually has no risk and no financial input.

SOLICITORS HELPLINE: ☎ 0345 515 0655


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