Employment

Commonly asked questions

What is unfair dismissal?

Unfair dismissal occurs when your employer dismisses you for an unfair reason and/or they do not follow the correct procedure for the dismissal. You have three months to submit a claim to the Employment Tribunal. The time starts running from the date of termination of employment.

What is discrimination in the workplace?

There are two types of discrimination the first is direct discrimination and the second is indirect discrimination. Direct discrimination applies to discrimination related to gender, marriage (including civil partnerships), race, religion or belief, sexual orientation, age and disability. You are eligible to make a claim for discrimination if you are a job applicant, apprentice, employee, former employee, contract worker, or working on a contract personally to execute work. You must be able to show that you received less favourable treatment because of a protected characteristic listed above. Indirect discrimination is where your employer has applied a provision/criteria or practice which disadvantages you and which disadvantages one or more of the above list of protected characteristics. It is however lawful if your employer can justify the provision or practice by showing that it is a proportionate means of achieving a legitimate aim.

What is a settlement agreement?

Settlement agreements (formerly known as compromise agreements) are often used at the end of a negotiation surrounding a workplace dispute. The agreement can include confidentiality, severance pay and other clauses.

What is an employment tribunal?

An Employment Tribunal is a tribunal set up specifically to resolve employment disputes. They can be less formal than court proceedings but they are still legally binding. They usually consist of a panel of 3 people, consisting of a legally qualified Judge and two laymen who have experience within employment workplaces. Before seeking this option, it is strongly advised you seek legal representation.

What is the procedure before a disciplinary hearing?

Your employer is required to tell you what you are being investigated for in writing. They must also define the disciplinary procedure as well as informing you of the date and time of the hearing as soon as possible. The hearing must also be arranged at a reasonable time and place. You must also be told that you have a legal right to take a colleague or a trade union representative with you into the meeting (but they cannot speak). It is also important to take your own notes and try and prepare/practice what you want to say in your defence.

Who can I take to a disciplinary hearing?

You are entitled to take someone with you to disciplinary hearings and appeal hearings. This person can be a colleague, trade union representative or trade union official.

When is it important for employers to take legal advice?

Employers should preferably take advice before they take any action relating to their employees.

Why do I need to see an employment law solicitor?

Whether you are an employer or employee, employment law can be complicated and is always changing. One of our employment solicitors can help guide you through the process providing both legal knowledge, confidence and support. Our experienced team can help turn your problem into a solution.