Employment Law
Areas of advice
At SP Law, our areas of expertise include:-
- Compromise agreements.
- Unfair/wrongful dismissal.
- Redundancy.
- Discrimination.
- Grievance and disciplinary procedures
Employment law can be complicated and few people have a clear idea of all their rights at work. If you think your employer has treated you unfairly, it is important to get legal advice at the earliest opportunity. In some circumstances there are particular steps you must follow to sort problems out with your employer before you can take a complaint to an employment tribunal, as well as specific deadlines for making such complaints. Generally, the longer you leave a problem, the harder it is to solve.
Our solicitors can:
- Explain your options;
- Tell you if you have a legal case against your employer;
- Help you decide whether your case is worth taking further; and
- Explain what you should do next.
What we will need to know
- How long you have worked for your employer;
- How much you earn;
- The details of your problem at work;
- What events have led you to your current situation;
- Whether you have any relevant documents;
- Whether there are any documents you do not have that may be relevant to the case; and
- What, if anything, you have done to sort this matter out.
Exploring the alternatives
Once you have explained your circumstances in detail, we can explain your options. If we then believe you have a case and you want to take it further, you need to decide how you are going to do this.
If you have not already done so, you may need to try and sort the problem out with your employer direct before taking any other action. Our firm can help you set out your case and, if appropriate, try to negotiate a settlement for you. If you are happy to carry out negotiations directly with your employer, we can offer useful advice on how best to go about doing this.
If you cannot solve the problem with your employer direct, an employment tribunal may be your best option. If so, we can help by preparing your case or representing you at the tribunal.
Following your employer’s procedures
It is important to try to sort out the problem with your employer direct first. In some circumstances, employment tribunals will not hear your claim unless you can show that you have set out your complaint in writing to your employer before taking your claim to the tribunal.
If you have started using your employer’s complaints procedures, or if your employer has started to take action against you (for example, about your behaviour, the quality of your work, your ability to do the job or your attendance) you should try and go to any meetings that are arranged and use any appeal procedures your employer has in place.
You should try to solve your problem with your employer direct because:
- Matters can quite often be sorted out quite quickly this way; and
- Employment tribunals can reduce your compensation if you haven’t tried to sort out the matter with your employer before taking your case to them.
Time limits
The time limits for taking your claim to a tribunal depend on what your claim is about.
If you are complaining because you think you were unfairly dismissed, you must make your claim to the tribunal within three months of the date you were dismissed.
If your claim is about redundancy payments, you have six months to make your claim to the tribunal, from the date you were dismissed.
If your complaint is about something else your employer has done, you must first set out your complaint in writing to your employer within three months of the date of the events you are complaining about. You must then wait 28 days from the date you wrote the employer before you take your claim to a tribunal. In these circumstances, you have six months from the date of the event to make your claim to the tribunal.
The deadlines may be extended, but only in special circumstances. Because the rules on time limits are complicated it is worth getting advice from our solicitors as soon as you can to make sure you make your claim in time.
Compromise agreements
If you can reach an agreement with your employer without going to a tribunal, this can be recorded in a ‘compromise agreement’. This is a legal document which confirms the terms of the settlement you have agreed, in exchange for which you give up your legal claim against your employer. You will be able to get your employer to pay your legal costs as part of the agreement.
We have a great deal of expertise in negotiating with employers in these circumstances in order to secure the best possible compensation package for you.
Employment tribunals
An employment tribunal in chaired by a lawyer and made up of two independent ‘wing’ members with experience of employment relations. It is up to the tribunal to:
- Weigh up the evidence;
- Consider the law; and
- Decide whether your claim against your employer is justified.
In doing this the tribunal may also consider:
- What policies or procedures your employer has for dealing with problems at work;
- Your behaviour and your employers behaviour throughout the time you were employed; and
- What steps you and your employer have already taken to solve the problem.
Tribunal hearings are usually completed within a day. Decisions are made by majority vote and most are announced straight away. If the tribunal decides in your favour, it has the power to award you compensation.
If you are complaining for unfair dismissal, the tribunal can sometimes order your employer to give you your job back, though this is rare.
Claiming unfair dismissal
Generally, you are only entitled to make a claim for unfair dismissal once you have been employed for a year or more, full or part-time. However, if you are dismissed for any of the reasons described below, your dismissal is ‘automatically unfair’. This means that you are protected by law from the first day of your employment. These reasons include:
- Trade union membership or duties;
- Whistle-blowing (telling your employer or someone else to do anything illegal or dangerous you know is happening at work);
- Health and safety issues; and
- Exercising a legal right, such as your right to a minimum wage, paid leave, leave for family reasons including pregnancy or maternity, a written statement of your terms and conditions of employment, or an itemised pay statement.
Discrimination
If you believe that you are being treated less favourably than other employees for any of the reasons stated below, you may have a discrimination claim. You are protected against discrimination based on any of the following:
- Your sex (including reasons related to being pregnant, being transsexual and whether or not you are married)
- Your sexuality
- Your race, including your skin colour, nationality, and ethnic background
- Your religion and beliefs
- Your disability
- Your age
You can make a claim to the tribunal if you have been less favourably treated at any stage of your employment. This includes how you were treated when you applied for the job and were interviewed, as well as during your employment or after your employment ends. Our firm can tell you more about this.
Our charges
If we act as a consultant in helping you to prepare your case but do not actually represent you, our charges are likely to be based on an hourly rate.
However, if the case goes to a tribunal then we may be able to offer to work on a ‘Contingency Fee’ basis. Our Contingency Fee Agreement states state that if you win, we are entitled to an agreed percentage of the pay-out. However, if you lose, we will not charge you.
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