EMPLOYMENT

I am facing redundancy, what should I do?

If you find yourself facing the prospect of redundancy, it is important that you obtain the advice you need to ensure that your employer acts lawfully and that you are receiving the compensation to which you are entitled.

 In the situation of redundancy, your employer needs to guarantee that your redundancy is justified and that the correct procedure is followed, otherwise you might have a claim against your employer for unfair dismissal.

We can advise you of your rights, the fairness of your selection in this situation and whether a proper and fair procedure has been followed. We can also assist in negotiations where appropriate. However, it is vital that you seek assistance early on in the process as the time frame for pursuing an unfair dismissal claim is limited to three months from the date of termination of your employment.

What about compromise agreements?

When a contract of employment is terminated between an employer and employee, often the employer will propose a compromise agreement which will set out the financial (and all other terms) on which the employment relationship will end. In order for the compromise agreement to be valid, certain formalities must be satisfied. After agreeing to and signing a compromise agreement, the employee is then unable subsequently to make a claim in the courts or an employment tribunal.

As an employee, you will need to take legal advice if you are presented with this option by your employer. There is a legal requirement that you take independent legal advice upon the setting up of a comprise agreement; we may also be able to help you to negotiate the best settlement possible.

I have been unfairly dismissed; what can I do?

If your employer has dismissed you for an unfair reason, or if they have not followed the correct procedure in relation to your dismissal, you might be able to bring a claim against your employer for unfair dismissal.

You will need to take legal advice in relation to the circumstances of your dismissal and your employment status, which we can clarify for you. If your claim is valid, we can help you pursue your case against your employer for unfair dismissal or to try to agree a negotiated settlement. We do advise early contact in this situation as the time limit is three months for bringing a case to an employment tribunal.

What about contractual issues?

Many employees face issues with their contracts of employment, from fundamental breaches of contract by employers in areas such as maternity or paternity rights, to flexible working, to variation of contracted terms and advice practical advice on issues such as restrictive covenants and confidentiality. We regularly provide advice to employees on contractual issues to help them understand their contractual rights.

I have been discriminated again at work; what do I do?

The law is in place to protect you from discrimination in relation to your age, gender, race, religion or beliefs, disability, pregnancy or maternity, or sexual orientation within the workplace.  If you feel that you have been discriminated against in your working environment in the form of either direct and indirect discrimination, harassment or victimisation, you could have a potential claim. We will be also to advise you on your rights and options in this situation.

I have a grievance with my employer; how can I tackle it?

We can help if you feel that you have been unfairly treated at work or that if you need any tactical advice relating to dealing with formal procedures. This could include raising a formal grievance under the company grievance procedure or making a protected disclosure. We can advise fully on all of these issues.

Will I need to go to tribunal to resolve my case?

Wherever possible we will seek to resolve your dispute without going to tribunal through negotiation with your employer. However If you do decide bring a claim against your employer, we will represent you with the aim to achieve the best possible outcome for you at tribunal.