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Even with the best of intentions on the part of the employers and employees things can sometimes go wrong at work. We have a wealth of experience of dealing with a wide variety of matters.
Clients expect a firm of solicitors to know the law. We pride ourselves on giving practical employment law advice, letting you know the options and guiding you to the right solution.
Remember that time limits are short for many employment law claims so you should seek advice as soon as possible.
EMPLOYMENT LAW ADVICE FOR EMPLOYEES
A Settlement Agreement is a powerful employment tool. It is an agreement entered into between you and your employer usually where that relationship has come to an end. They can also be used to resolve an ongoing workplace dispute.
The agreement is designed to stop any potential claims being issued or to halt any claims that have been issued by either party.
The Agreement is only valid if:
It is in writing;
Relates to a particular or potential complaint;
The employee has received advice from an independent adviser;
The adviser has signed the agreement confirming that advice has been given; and
The agreement states that it meets the requirements of the relevant regulations.
We can advise employees on the terms of the Settlement Agreement and the implications of entering into the agreement.
We can act as the independent adviser and sign the Settlement Agreement indicating that you have taken appropriate legal advice in respect of the Agreement.
Disciplinary and Grievance Procedures
Disciplinary and grievance situations can be a difficult and stressful experience for an employee.
We can provide you with expert advice and support to guide you through a disciplinary or grievance situation in the workplace.
Unfair Dismissal and Discrimination
Unfair dismissal is a complex area of employment law. You have 3 months from the date of termination of your employment within which to lodge your claim with the appropriate Employment Tribunal.
Generally it is required that you have two full years’ service in order for you to be eligible to bring a claim. However for dismissal such as ‘automatically unfair’ dismissals or dismissals that are discriminatory no minimum service length is required.
There are various types of dismissal:
Termination by the employer;
Expiry of a fixed-term contract;
Forced resignation; and
Resignation by the employee which amounts to constructive dismissal.
We can advise you throughout your claim, prepare your claim forms (ET1), prepare your case, including bundles of documents and witness statements, as well as act on your behalf in presenting your claim to the Employment Judge at any interim or final hearing in the Employment Tribunal.
Alternatively we can act on your behalf to negotiate a suitable settlement of your claim.
The redundancy process can be an emotional and distressing experience for an employee.
We can advise employees on all areas of redundancy including: your statutory or contractual entitlement to redundancy payment and the calculation of this.
Employers should use a fair and objective way of selecting you for redundancy.
We can advise with regard to the correct procedure to be followed and whether the employer has acted in accordance with statutory and/or contractual obligations.
Employment Law - More Information
What is employment law?
Employment law is the area of law that governs the relationship between an ‘employer’ and an ‘employee’.
Why does employment law exist?
Employment law outlines the rights and duties of an employer and an employee and provides each with a course of redress should there be a failure by either to comply with those duties and an impingement on those rights.
What does employment law cover?
Employment law covers a very broad range of areas spanning all aspects of the employer / employee relationship and dealing with the practical aspects that face both the employee and the employer across all sectors on a day to day basis.
These include providing a contract of employment to an employee, producing and maintaining policies and procedures for the workplace, managing redundancy situations, disciplinary procedures and processes, or making or defending a claim at the employment tribunal for unfair dismissal or discrimination.
What does being made redundant mean?
If you are made redundant you are dismissed by your employer.
To dismiss an employee for reason of redundancy, the employer must be in a situation where they decide to reduce their number of employees due to one of a limited number of circumstances, which are:
1) the business that employed you has closed altogether.
2) the site that you worked at for the business has closed.
3) a reduction in the requirements of the business for employees to do work of a particular kind.
Redundancies can either be made on an individual basis, or collectively and the process that must be followed by the employer may be different depending on the circumstances.
Can I be made redundant while off sick?
You can be made redundant while you are off sick, but there must be a genuine redundancy situation and your employer must follow a fair and proper procedure.
You should not be made redundant because you are off sick.
How much notice do you have to be given for redundancy?
If you are selected for redundancy you must be given notice by your employer.
This notice period could be statutory or defined in your contract of employment, and can differ depending on how long you have worked for your employer.
The statutory notice periods for redundancy are:
1) one week notice if employed for between one month and two years.
2) one week notice for each year employed if between two and twelve years.
3) twelve weeks notice if employed for twelve years or more.
Your contract of employment should be checked as it may entitle you to a greater notice period than the statutory minimum.