Employment Law

Employment Law is concerned with the legal relationship between employers and their employees. Its purpose is to protect both the business (or other kind of employer) and the people who work for them, by regulating the rights and obligations of both parties. It covers issues such as pay and minimum wage, working hours, holidays, maternity leave, health and safety, discipline, discrimination and whistle-blowing.

If you are considering taking your employer to an Employment Tribunal to enforce your rights it is strongly recommended to seek legal advice in advance. Claims sent to the Employment Tribunal are reviewed by a Judge once a defence has been received to decide whether or not the case should be allowed to proceed. If a Judge believes that the claim is unlikely to be successful it will be ‘struck out’ and not allowed to continue. It is important to take expert legal advice at the earliest opportunity so that you know whether your claim is worth pursuing before incurring the Tribunal’s fees, which would not be refunded if your claim were to be struck out.

It is also crucial to ensure that your claim form is correctly drafted at the outset in order to minimise the risk of it being struck out or your potential arguments being limited later on. We can prepare the Tribunal’s claim form (known as an ET1) and corresponding particulars of claim for you, giving you the peace of mind that your claim has the best possible chance of success. We always provide our clients with practical and cost-effective employment law advice.

You may have been suspended from work or invited to attend an investigation or disciplinary meeting in respect of allegations of misconduct or capability. You might feel that such action is not genuine or is unjustified. We are able to provide you with advice and assistance in advance of any disciplinary meeting, including the preparation of a statement for you to submit to your employer putting forward your version of events in the strongest way possible. Alternatively, if disciplinary action has already been taken against you then we can assist in the appeal process, enabling you to put your best foot forward. Finally, if you have already exercised your right of appeal and require advice as to whether you have any further recourse against your employer then we can also provide assistance. You should not take any action such as resignation without seeking specialist legal Employment Law advice first.

If you have been dismissed from work and you are unsure if you have been treated fairly then our experienced employment lawyers will be able to provide specialist advice tailored to your situation.

An employer must have a fair reason to dismiss an employee and must follow a fair procedure. Defects in either of these aspects may render a dismissal unfair and entitle you to compensation. Additionally, there are a number of circumstances that can make a dismissal automatically unfair, for example following a TUPE transfer, dismissal as part of a discriminatory act or as a result of asserting rights in respect of working time or health and safety breaches.

You may consider that your employer has fundamentally breached your contract of employment, perhaps entitling you to resign and make a claim for constructive unfair dismissal.

We can advise you in a cost-effective manner so that you can quickly identify whether or not you have a potential claim.

An employee may enter into a settlement agreement upon the conclusion of their employment with their employer. This occurs where an employee has potential claims against the employer under the Employment Rights Act 1996 or other employment legislation. The employee will agree, as part of the settlement, to accept the terms of the agreement in full and final settlement of any claims they may have relating to the employment.

The settlement agreement may also provide that the employee should not commence legal proceedings in respect of those claims. Typically the employer will pay at least a contribution to the employee’s legal fees, as the employer will wish the agreement to be legally binding and this can only be achieved if the employee has taken the requisite legal advice.

By entering into a settlement agreement, the employer has certainty that the employee will have no claim in the future against the employer. Among other things, the settlement agreement will deal with all payments and benefits owing or agreed to be paid to the employee.

A protective award is an award of compensation available to employees where:

1. 20 or more employees are made redundant at a workplace and the employer fails to properly inform/engage in consultation about the redundancies; or
2. employees are transferred from one company to another and the employer fails to properly inform/engage in consultation about the transfer.

Employers need to be aware of the strict consultation and engagement requirements, and the rights enjoyed by employees.

We have an experienced and insightful employment law team and can assist with all areas of employment law.

From 6 April 2020 all workers have a right to a written statement of their employment particulars. For employees this takes the form of a contract of employment, which is legally binding on both the employee and the employer as regards the terms and conditions of employment and governed by normal contract law.

It is fundamental that the terms of a contract must comply with any minimum legal standards and be clear and unambiguous. Typically, a contract would cover holiday entitlement, remuneration, working hours, length of notice, training particulars, benefits, job title and a brief description of the tasks required to be undertaken. It must be signed before, or on, the first working day.

Discrimination is illegal whether based on sex, age, race, sexual orientation or any other protected characteristic. Discrimination means treating someone less favourably than someone else and may be direct or indirect. The law protects workers from discrimination and harassment from when they apply for a job, throughout their employment and even afterwards. Being familiar with the anti-discrimination laws can help avoid legal disputes regarding discrimination.

Problems in a working relationship almost always originate from specific employee complaints about their working conditions or treatment, or when an employer has concerns about an employee’s behaviour, attendance etc. Certain formal steps ought to be followed before taking a dispute to an Employment Tribunal. We would advise third party mediation before any court or tribunal appeal. We can help prepare for mediation sessions or tribunal hearings.