Abut employment claims

The Legal Company knows all about employment law. We represent those making a claim at the Employment Tribunal, and have a panel of eminent barristers and solicitors across the country able to advise and support. Wherever possible, whether on behalf of a company or the individual, we try to work on a NO WIN, NO FEE basis. If there is any fee at all, we will always fix it in advance.

There are endless areas of dispute regarding the employment of one person by another. In these times of recession, it is not only more important than ever that we have a job, but as always it helps considerably if it still a job we enjoy. A contract between an employer and employee is a legally binding contract and it is signed with a view to its terms being applied. There are remedies on both sides for breaches and that is where generally we step in.

We are happy to assist in all areas of employment law, including:

• Unfair Dismissal
• Redundancy
• Breach of Restricted Covenant
• Grievance Procedures
• Breach of Contract

Can I claim for unfair dismissal?

If your employer has terminated your Contract of Employment, you may have a claim. You have a right not to be unfairly dismissed. But you need to qualify first. If your employment started after 6th April 2012, then you must have worked for your employer for at least 2 years. If before that date, then just one year. There are however some exceptions in which event there is no length of service requirement. This includes situations where the reason relates to your pregnancy, parental leave, trade union membership grounds, part time and fixed term employees, discrimination and pay and working hours. In other words, these are exceptions to the general rule.

A dismissal is fair if the employer can show that the reason for dismissal was relating to conduct, capability, qualification for the job, redundancy or some other substantial reason AND that they acted reasonably in treating that reason as sufficient to justify dismissal.

Following dismissal, you are entitled upon request to receive within 14 days reasons for the dismissal.

The onus is on the employer to establish that the dismissal was fair. If you believe your dismissal was unfair, you have a right to make a claim to an Employment Tribunal on the ground of its unfairness.

What is an employment tribunal?

The Tribunals are an independent judicial body to reswolve disputes between employer and employee regarding employment rights. They are intended to be less formal than the ordinary Courts. You will have a preliminary hearing at which point you will be given certain directions regarding documents and Statements and the matter will then generally be listed for a hearing. A case can be settled at any time and ACAs can play a part in that process as well. You must take care to lodge your Application to the Tribunal within three moths of the dismissal. Though that time period can be extended, this is only possible in exceptional circumstances. Costs can only rarely be awarded against either party and this is broadly speaking where it is considered that the party has acted wholly unreasonably.

What is redundancy?

A redundancy occurs when an employee is dismissed because their job no longer exists. This might occur because of necessary cost cutting, new technology or the business is closing in whole or in part. Redundancy, like any dismissal, can be most distressing and the law therefore takes account of the need for good communication between employer and employee.

The employee is entitled to be consulted regarding these proposals and in particular when an employer proposes to make 20 or more employees redundancy at one establishment over a period of no more than 90 days, the employees need to be collectively consulted.

It is obviously the case that redundancy should be regarded as a matter of last resort. Consultation must be started in good time and there must be fairness in selecting any particular individual for redundancy. These criteria must be consistently applied and be fair and objective.

An employee may be entitled to a redundancy payment after 2 years continuous employment and the calculation is based upon age, years of service and weekly pay. The maximum number of years service to be taken into account is 20 years. The maximum weekly pay is £430.

There is an entitlement to a notice period before redundancy.

In the event that you believe that the redundancy comprises an unfair reason for dismissal, you may make a claim to the Employment Tribunal on that basis.