At White Horse Solicitors & Notary Public we understand that you may be feeling all alone and frustrated after having issues with your employer. You may be feeling aggrieved and betrayed by your employer and not knowing who to turn to.
Our Employment solicitors are specialists in every aspect of Employment Law. We will provide practical, prompt and expert advice to your queries. Our solicitors are well aware that these can be very difficult and sensitive times. Through our passionate and caring approach, you will have peace of mind with the knowledge that you have a solicitor who cares for your well-being.
We can offer detailed advice, support and guidance throughout every stage of your dispute. From the initial stages of your case, you will be with solicitors who have extensive experience on work related disputes. They will offer their support and advice if the dispute were to go to an employment tribunal. Our expert solicitors will also remain by your side in the circumstance that the dispute goes to a hearing. Whatever stage your case is at, you can be comfortable knowing that it is being handled by employment solicitors who are leaders in their field, and, care for your welfare.
From our experience, we find that many of our clients want a conflict-free approach to any issues they have with their employer. That is why, where possible, we ensure that we explore mediation and negotiation as our first option. We will avoid causing you stress and fatigue by trying our best to solve your dispute amicably.
You may also just want to alter the Terms & Conditions of your employment contract and need advice on how to do this. We can offer specialist guidance on the rights you can expect to be included; or the restrictions you shouldn’t have on your contract of employment / Settlement Agreement.
Our fees for our employment law services are competitive and clear. We are sure you will be satisfied with what you’ll be paying and the service you’ll be receiving.
What we can help you with:
If you are experiencing problems at work that cannot be resolved, you may want to make a claim to an Employment Tribunal.
The Employment Tribunal is for employment disputes and can be less formal than the Court process. There is usually a panel of 3 people, consisting of a legally qualified Judge and two non-legal, lay people who have experience within employment workplaces.
Judgments given in the Employment Tribunal are legally binding.
In most cases, your claim must be filed with the appropriate Employment Tribunal within 3 months. This is an incredibly strict time limit and claims can be barred if they are submitted even a few minutes late. The exceptions to the 3 month rule are very limited and so if you want to bring a claim against your employer, you should seek legal advice as early as possible.
It can take between three and six months to process your claim before the Tribunal hearing takes place. The length of the hearing itself will depend on the amount of evidence and the number of witnesses. If you bring a claim in the employment tribunal you will almost certainly have to give oral evidence in court.
Your case will progress through the Employment Tribunal process to a hearing. Documents will be prepared for use at the hearing and both you and your witnesses will need to attend to give evidence on oath. At the hearing your case will be put forward and your employer will be given the opportunity to provide their response to the claim and ask questions. Once the evidence has been heard, the Employment Judge will provide a binding judgement on the case.
This depends on several factors including the complexity of the case, the number of documents and witnesses involved and the strength with which the employer defends the case.
In most cases, an employee must have 2 years’ continuous service before they can pursue a claim for unfair dismissal. There are some exceptions to the 2 year rule though so it is always worth checking. Of course in discrimination claims, there is no requirement for a continuous period of employment as all employees are protected under the Equality Act 2010.
Yes, although as part of considering the alternatives to redundancy, one of the initial steps should be to reduce the use of agency staff.
If an employer was to dismiss a member of staff due to a personality clash, they would need to prove that it was causing substantial disruption to the business and that they had taken significant steps to try to solve the problem before deciding to dismiss.
If the reasons are valid, an employee who is pregnant or on maternity leave can still be dismissed by reason of redundancy. However, if the dismissal is connected to the pregnancy or maternity leave in any way, the dismissal is deemed automatically unfair.
When undertaking a redundancy process, an employer must firstly consider whether there is a genuine case of redundancy, and secondly must carry out a fair process. When considering making employees who are on maternity leave redundant, an employer must to not take into account time off whilst on maternity leave as they could open themselves up to a claim for unfair dismissal and sex discrimination.
If redundancy arises while an employee is on maternity leave and it is not practicable for the employer to continue to employ the employee under their existing contract, the employer should offer a suitable alternative vacancy if one is available.
Your employment contract does not have to set out your rights to maternity/paternity leave. Policies on maternity/paternity and adoption could also be found in a staff handbook. Just because your rights are not set out in an employment handbook does not mean the rights do not exist.
The compensation for a claim for unfair dismissal is broken into 2 parts – the basic award and the compensatory award. The basic award is the equivalent of your statutory redundancy and is worked out through a mathematical calculation based on your age, weekly earnings and length of service. It is currently capped at £14,670.
The compensatory award, which is currently capped at £80,541 is largely based on the earnings you lose as a result of your employment being terminated. The value of your claim depends on your individual circumstances. You always have a duty to mitigate your loss though and should seek new employment as quickly as possible.
There are additional awards given in cases of discrimination or harassment.
A Settlement Agreement can be offered by an employer or an employee. However, there is no obligation on either side to accept. A settlement may be reached if the terms are beneficial to both sides. Employers often offer deals as an alternative to going down one of the permitted reasons for dismissal.
Sometimes in a redundancy or dismissal situation or in settling a grievance, an employer may ask the employee to sign a Settlement Agreement. This is an agreement by which you may settle, waive or compromise any claims you may have against your employer/former employer. It is therefore vitally important that you take legal advice before signing any settlement agreement.