E:
Areas we frequently advise and represent on
Below is a brief summary guide to some of the more common issues we advise upon and claims that can be made by employees.
If you have been dismissed by your employer and you feel that the reason, or way in which they dismissed you was incorrect, you may be able to claim unfair dismissal. In most instances you would need to have at least one years employment, but there are exceptions so contact us to discuss your situation.
Redundancies can arise where there are too many people doing the same job, the job no longer exists, the work which needs to be done diminishes, or where the work or site moves. Redundancy can be a potentially fair reason for dismissal but can lead to unfair dismissal and potential discrimination claims. There is also an entitlement to a redundancy payment after two years service.
Constructive Dismissal
Constructive Dismissal occurs when an employee resigns in response to a fundamental breach, or series of breaches, of their contract of employment by their employer. This can lead to the resignation being considered a dismissal and unfair dismissal compensation being awarded.
Discrimination can occur in a number of ways, based on a number of things. It is unlawful for an employer to discriminate on grounds of sex, race, disability, sexual orientation, religion, age, and other specific grounds. Discrimination can be overt in the sense that there is less favourable treatment based on a discriminatory ground, or can be less overt in the sense that a provision or practice applied by the employer is indirectly discriminatory.
Unlawful deductions cases cover a wide range of things, including unpaid wages, holiday pay, and deductions when you leave employment. Generally where the sum that you have been paid is less than you should have received, a claim can be made. If an employer is making deductions they must have a right under law or the contract, or you must have indicated in writing prior to any deduction.
Breach of Contract
A claim can be made in Tribunal where employment has ended and there are unpaid monies or entitlements.
A contract of employment should exist between all employees and their employers. An employee has a right to receive a written contract within 2 months of starting employment. There can be compensation awarded to the employee in certain circumstances if the employer has not provided a contract.
The contract cannot be altered by one side without the others agreement. If your employer is imposing changes that you do not agree with you may be able to object. Contact us to find out more about your rights in relation to your situation.
Your employer may be disciplining you, whilst they have a right to do so, they must do it properly. If you feel that they are not managing the situation properly and fairly, contact us to discuss what you can do.
You may also have been disciplined or dismissed. We can assist you in preparing your appeal and advising you on where your employer has potentially made mistakes.
If you have issues with the way in which you are being treated at work, you can also raise a grievance, and your employer is obliged to deal with it. We can assist you in formulating your grievance and having your employer take your issues seriously.
Ultimately these issues can lead in to claims such as unfair dismissal, constructive dismissal, discrimination, or unlawful deductions cases. Contacting us early on though allows us to be proactive and assist you in resolving the situation at an early stage.
Pregnancy has an impact upon your working life. You should be aware of the range of rights that you have, and be able to ensure that your employer is treating you fairly. You have rights to return to your job, have paid leave, and should be treated the same as all other employees. Pregnancy and family rights can lead to unfair dismissal cases and discrimination cases. For a discussion as to your situation, please contact us.
The best way of seeing what your rights are, and if you have the potential to bring a claim is to give one of our expert employment solicitors a call on 0116 254 8871, or send us your problem by clicking here.
