Employment Rights Solicitors - UK Compensation Claims
As an employee in the UK, you have specific employment rights guaranteed to you by law. For example, employees have a right to be free from harassment or abusive treatment in the workplace. You have a right to equal opportunities in finding and securing employment. If these or other employment rights are violated, you may have a legal claim for compensation before the Employment Tribunal.
To learn more about your potential employment rights claim, you should seek the advice of a qualified employment solicitor. Our employment rights act solicitors deal exclusively with employment disputes and have the experience necessary to help you successfully seek and obtain fair compensation. In addition to making applications to the Employment Tribunal, our solicitors are also skilled at negotiating settlements with employers. There are strict time limits which affect your rights to bring a claim, so it is critical that you consult with a lawyer as soon as possible.
UK employment law has grown steadily since World War II, as a strong trade union movement and membership of the European Union facilitated statutory protection of employees. Protection for workers is embodied in statute: that is, by legislation passed by the UK Westminster Parliament, rather than in the previously decided legal cases which make up the Common Law. A number of key pieces of legislation protect employees rights at work. The Employment Act 2002 and legislation protecting workers from discrimination on the grounds of age, gender, sexuality, disability and race are all important. However the single statute that most comprehensively maps out workers protection is the Employment Rights Act 1996.
Employment Rights Act 1996
Understanding the basic provisions within the Employment Rights Act 1996 can be important. It may be that you have been experiencing a violation of your rights at work and having some indication of the way in which you are protected will enable you to obtain more detailed legal advice and potentially, a resolution to any problem you have in the workplace.
Wages Rules
The Employment Rights Act 1996 determines how wages can be payed and enforces the right of employees not to suffer from unauthorised wage deductions. The legislation provides for 'guarantee payment' which guarantees the payment of wages even where an employer is unable to provide work during normal hours of employment. The legislation also has provisions concerning Sunday work and gives protection from 'detriment' during working hours.
Time Off Work
One of the Employment Rights Act 1996 most important aspects concerns the law regarding statutory entitlement to time off work. Employees are entitled to protection of employment and are entitled to have time off work for ante-natal care, training or public duties. The legislation outlines procedures involving suspension due to maternity leave or medical problems. The rights and obligations of maternity leave are covered in detail and an employee seeking redress of grievance over their employers handling of maternity leave might do well to contact an employment rights act solicitor in regard to their rights outlined in this legislation.
Dismissal and Redundancy
Another important topic of Employment Rights Act 1996 involves provisions related to dismissal and redundancy. The legislation gives an employee the right to compensation following an unfair dismissal and also provides for redundancy payments.
Redundancy can be the direct result of a business closing, or a shift in business plans that causes one or more worker’s skills to be no longer needed in that business. The workers chosen for release from their employment, that have been with the organisation a minimum two-year period of time will receive a severance package that includes a compensatory amount.
Redundancy occurs when an employee’s services are no longer needed or when an employee is dismissed because the business is closing. Individuals who are dismissed from their employment because they were selected for redundancy are often entitled to a redundancy payment. To be eligible to receive a redundancy payment, the employee must have been employed by the business for at least two years.
Dispute Resolution
The Employment Rights Act 1996 also outlines the process for resolution of disputes related to any violation of employees rights which is by way of application to the Employment Tribunal for a range of situations outlined on the 'jurisdiction list' available from any local tribunal office. Following the making of a complaint (or application) to the Employment Tribunal a notice is served on the employer giving information about the hearing before a panel consisting of a chairman, a trade union representative and a representative from an employers organisation.
The Main Legislation
Apart from the Employment Rights Act 1996 other legislation confers rights onto employees which can be used by lawyers seeking redress for wrongs in the Employment Tribunal :
Discrimination
A variety of legislation has been enacted to protect employees from discrimination in the workplace. These anti-discrimination statutes cover a wide range of issues, including discrimination against employees or applicants on the basis of sex, race, religion, age, disability, pregnancy or sexual orientation. Despite the legislation, discrimination in the workplace remains an ongoing problem. If you have been the victim of discrimination in the workplace, contact us today to find out about your employment rights.
In spite of this legislation, there are still frequent occurrences of discrimination in factories, shops and other work places. If you were denied employment or made victim to discrimination or harassment, while seeking employment or in your work area and you would like to speak to an experienced employment lawyer, call us to get information about your rights. Legislation covering discrimination consists of a number of individual statutes that protect workers from discrimination and bias in the workplace based on:
Workplace Bullying
Bullying at work might comprise constant demeaning criticisms or comments all the way up to and including physical assault. When exposed to a threatening, demeaning or hostile situation at work or at work related events, it is reasonable to assume that an individual has been bullied.
The first action to take is to notify a superior or the employer, who is legally responsible to ensure this behaviour, is ended promptly. Employers are legally bound to provide a working environment that is free from harassment and bullying. When an employer ignores those responsibilities they may be liable to pay compensation to the worker subjected to abuse.
Whistleblowing
When an employee comes forward to report wrongdoing in the workplace, they are protected by whistleblowing laws. Whistleblowing is the term used to describe an employee publicly disclosing unethical, illegal or unsafe practices in their place of employment.
Working Time Regulations
The Working Time Regulations state that an employee cannot be forced to work more than an average of 48 hours each week. You cannot be terminated for refusing to work on average more than 48 hours per week. Other employment rights provided by the Working Time Regulations include a right to rest breaks, paid leave and time off. The regulations also include special provisions which apply to night workers.
Transfer of Undertakings
Acquisitions and mergers often involve the transfer of all or certain segments of a company or corporation becoming a division or section of a new business or an entirely new enterprise. In employment law this is known as “transfer of undertakings”. The employees from the old enterprise are automatically made a part of the new business and their contract terms and conditions remain valid. The Transfer of Undertakings Regulations (Protection of Employment) or TUPE was enacted to guarantee the rights of consecutive employment as part of the new enterprise.
Wage Guarantees
The main reason a person gives up their time and energy to an employer is to receive the benefits of a wage to provide for themselves or their family's livelihood. It is the very essence of employment, in which Person X pays Person Y a specified amount to perform specific duties or services.
It is unlawful for an employer to deduct or reduce a workers wages for unauthorised reasons. The legislation further guarantees employees payment of earned wages and provides that an employer must pay wages for the hours spent on the job; even when the employer was not able to provide work to do during working hours however zero hours contracts have now eroded this right.
Time off Work
Legislation additionally provides guidelines that detail employer requirements pertaining to time off, breaks, sick leave and maternity leave plus other regulatory requirements.
Employment must not be terminated for taking maternity leave. Any violations of the provisions of this legislation toward a pregnant worker will lead to a solicitors compensation claim for pregnancy discrimination in the Employment Tribunal. Other protection exists within the statute regarding time off for public duties, medical issues and training.
Employment Tribunal
The Employment Rights Act 1996 outlines the process by which violations of employment rights are resolved. It provides disgruntled employees with the opportunity to make application for compensation to the Employment Tribunal. The "jurisdiction list" outlines possible applications to the Employment Tribunal.
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- sex
- race
- religion
- sexual orientation
- age
- disability
- pregnancy
Employment Rights Solicitors Advice
If you think your employer has violated any of the provisions of the statute, you should obtain legal advice on whether and how you may take the matter further. If you believe you have a claim or if you are an employer facing a potential claim against you, please use the helpline, email our offices or send the contact form for legal advice at no cost and without further obligation.
To find out if you have a claim, you may need the guidance of an employment law solicitor. You only have a limited amount of time to make application to the Employment Tribunal. Call our helpline or send us an email to discuss your employment rights with a specialist solicitor.