Our specialist employment solicitors cover a range of claimant employment disputes, from advising on specific terms within an employment contract to representing clients in unfair dismissal claims.
We act for both individuals and groups in their employment disputes, as well as for trade unions who are pursuing a claim on behalf of a group of employees.
Our team can help you gain a suitable solution to your employment problem, while minimising the conflict and complications that often arise with employment issues. As part of this, our employment law solicitors will always consider and help guide you through alternative dispute resolution processes, such as mediation outside of the courtroom. We are committed to helping you resolve your issue as quickly and amicably as possible. In the event that an amicable resolution is not attainable, our team are well-placed to best represent your interests.
What types of employment claims do we handle?
Our claimant employment solicitors specialise in many areas of employment law, including:
Unfair dismissal, in its simplest terms, refers to the termination of employment without the employer having fair reason for doing so. Constructive dismissal arises in circumstances whereby the employee is entitled to terminate their contract of employment without notice or is forced to resign as a result of their employer’s conduct.
The law protects many types of characteristics from discrimination. Our discrimination solicitors can provide expert advice on all discrimination claims, including the following ‘protected’ characteristics: age, gender reassignment, being married or in a civil partnership, being pregnant or on maternity leave, disability, race including colour, nationality, ethnic or national origin, religion or belief, sex and sexual orientation.
Whistleblowing refers to when an employee relays information to their employer or senior colleague regarding a “protected disclosure”. This can include elements such as criminal offence, breach of legal obligations, miscarriage of justice, and danger to the health and safety of individuals, danger to the environment and deliberate concealing of information.
Generally, the incident of wrongdoing will have been witnessed whilst at work. If an employee is sanctioned as a result of their whistleblowing, this may not be legal as employees have the right not to be subjected to any negative consequence as a result of making a disclosure.
A settlement agreement refers to a legally binding agreement between parties. They are often used to end an employment relationship on agreed written terms, to achieve a “clean break” as it were. In exchange for payment under the settlement agreement, the employee would waive the right to bring claims against their employer. Settlement agreements are voluntary agreements which can be proposed by either the employee or employer and stop any further legal action.
Equal pay disputes can occur if any employee has reason to believe they are not receiving the same pay as their counterpart for equivalent work. This type of dispute covers work that is of the same type, i.e. it’s the same job description or requires equivalent competency, qualifications, skill or effort as another employee or is considered to be of the same value.
Transfer of undertakings (TUPE) regulations
This term refers a set of rules that apply to organizations of all structures and sizes in the transfer of control of that organization to a new employer. It seeks to protect employees’ rights in the event that the organisation or work is transferred to a new employer.
We can provide support for both employees and workers in terms of employment status disputes. When you enter a period of employment, you will sign a contract of employment or written statement of terms. While these are usually satisfactory, there are times where you may be unsure or concerned about a certain part of the contract. This may include where your employer has implemented restrictive covenants stopping you doing certain things during or after your employment.
Grievance & Disciplinary hearings
Employees should be given the right to appeal a disciplinary or grievance outcome. Our employment lawyers can assist you with preparing for this, or represent you at tribunal should your employer refuse to allow you a hearing, or if you believe the outcome of your hearing was inappropriate. Your workplace should have a policy or guidelines you can follow for appeals.
By law, all employers must offer a workplace pension. This is contributed to by you, your employer and the government. Your employer must follow certain procedures when you are enrolled to their pension scheme, including paying at least the minimum contributions to the scheme on time.
Privacy & Data Protection Rights
It is vital that employers keep their employees’ personal data safe and secure. There are certain things an employer can keep without the permission of their employees, such as name and address, while other ‘sensitive data’ must not be kept or used without permission. Our employment lawyers can assist in personal data disputes where employers have failed to adhere to their obligations.
Immigration employment law
Immigration laws state that employees must have a right to work in the UK. At times, disputes arise about the immigration status of employees and they may be forced out their job as a result. In these instances it may be necessary to gain legal advice and representation.
Redundancy is a form of dismissal from employment. It happens when businesses or organisations need to restructure or reduce their workforce. If you are being made redundant, you may be eligible for a redundancy pay, as well as a notice period. You must also be selected for redundancy in a fair way.
Which stages of employment can we help with?
Our employment solicitors have experience in helping clients at any stage of their employment:
- Before you commence work. If you need your contract reviewing before you start a new job, we can advise you on certain terms or help you to negotiate unsatisfactory restrictive covenants.
- During your employment. We can help with any problems that arise, including grievances or disciplinary matters that you need legal representation for.
- When leaving your employment. If you have been made redundant unfairly, or if you have been forced out of your job, we can assist you in gaining a satisfactory payment package. Settlement agreements may also be an option here, where negotiations may be possible.
- After you have left. For example, if your employment contract has a restrictive covenant attached to it, which prevents you from working in certain roles, we can advise you about the enforceability of these contract clauses and represent you in a breach of contract claim.
What is an employment tribunal?
It is a hearing in front of a judge that will assess your employment case and hears from both sides. If your case progresses to the employment tribunal, our solicitors can help you every step of the way. As the process can be complicated, we can offer you advice about time limits, tribunal fees, and how the procedure is likely to run. Further to this, we have strong connections with leading barristers who we work closely with to help prepare for tribunal hearings, and who can represent you in any such hearings. It is important that you adhere to the various tribunal procedures, as failing to do this can cause issues with your claim.
Who can our claimant employment solicitors assist?
We regularly help employees across many industry sectors. Our solicitors have experience in advising people within the following roles:
- Trade Union
- Doctor or healthcare professional
- Board member
Funding your employment claim
We seek to suit all our client’s funding needs and as such have a range of funding options available to you. We will be happy to talk you through each option:
- Damage based agreement (‘DBA’), sometimes referred to as “no win, no fee”
- Hourly rates
- Insurance cover
- Fixed fee rates
- Settlement agreements