Our specialist lawyers deal exclusively in employer/employee matters and are able to pursue or negotiate claims and can provide representation anywhere in the United Kingdom. If you would like to talk confidentially to an experienced solicitor without obligation or charge just use the helpline.
Employers do have the right to dismiss employees from their job but in all such cases they must use a fair procedure and behave reasonably. Other than in exceptional cases which justify instant dismissal they must issue warnings and they need to investigate the work situation to conclude that dismissal is justified. If they do not act reasonably an employee may make a compensation claim for unfair dismissal.
To qualify for a compensation claim for unfair dismissal the claimant must have been employed by that particular employer for at least one year. Applications for unfair dismissal must normally be made to an Employment Tribunal within three months of termination of the job but in certain cases the time limit may be extended. To successfully defend a claim an employer must prove that the dismissal was fair on the grounds of conduct, capability, redundancy, illegality or some other substantial reason.
Some applicants to an Employment Tribunal represent themselves or may be represented by a lay person, often a representative from the Citizens Advice Bureau or a specially trained trade's union lay advocate. In all cases an employee who is not legally represented by an experienced Employment Tribunal solicitor is usually under a disadvantage particularly in cases involving racial or sexual discrimination, victimisation or harassment where the amount of the financial award can be unlimited. Employees should remember that almost all employers who defend actions are legally represented often by expert employment barristers.
Employment law is complex and extremely fast moving which, whilst being controlled by a number of regulations and statutes, is subject to change on a frequent basis as a result of the interpretation put on the legislation by case law usually emanating from the Employment Appeal Tribunal (EAT). Our specialist Employment Tribunal solicitors constantly monitor the latest legal decisions to ensure that they are in the best position to assist you in giving accurate advice and in making a sustainable claim to the Employment Tribunal.
Our Employment Tribunal solicitors have specialist knowledge of the following employment statutes :-
Termination of employment must be fair and reasonable and except in cases of very offensive behaviour, warnings must be issued to the offender. The five permitted reasons for dismissal are unacceptable conduct, inability to do the work, redundancy, illegality or some other substantial reason.
This type of termination of employment due to breach of the contract of employment by the employer which is unacceptable to the employee and effectively forces the employee to resign. If an employer makes the employee's life very difficult by changing their terms or conditions without consultation, or by changing the job location, or by being abusive then an employee can terminate the employment and make a claim to the Employment Tribunal for constructive dismissal as a result of fundamental breach of contract by the employer.
Occurs if the business closes down, or if there is reduced need for workers of the employee's type. An employee with more than two years service is entitled to compensation.
The Race Discrimination Act protects employees who are discriminated against on the grounds of race, colour, nationality, ethnic and national origin and some religious groups.
The Sex Discrimination Act 1975 protects employees against sexual discrimination, sexual harassment and victimisation.
Compensation awarded for unfair dismissal is divided into the Basic Award and the Compensatory Award. The basic award is capped and depends on age and length of service. The compensatory award is also capped and is intended to compensate the employee for financial loss relating to the dismissal, including expenses and loss of benefits. The tribunal also deals with claims for discrimination. harassment and victimisation which may not be subject to any financial limit.
Following judgement, there are some circumstances in which a lawyer can appeal to the Employment Appeal Tribunal (EAT) which sits in London and Edinburgh and consists of a High Court Judge with several lay members. Appeals can only be made on a point of law however in certain circumstances fresh evidence may be produced. The EAT will not review the facts of the case. Legal aid is available to appeal, subject to a means test, to cover the cost of the case.
Whatever the outcome of the initial hearing it is possible for a UK lawyer to appeal the decision of the Employment Tribunal (ET) to the Employment Appeal Tribunal (EAT) but only if the law has been incorrectly interpreted or incorrectly applied alternatively if the decision of the Employment Tribunal is one which no reasonable tribunal could possibly have reached. It is possible for the Employment Appeal Tribunal to admit further evidence if that additional evidence was not available at the time the matter was first heard. It is essential that any business is represented at the Employment Appeal Tribunal by an experienced employment law solicitor
Our Employment Tribunal solicitors deal with wrongful dismissal compensation claims and legal cases arising as a result of other employment disputes including discrimination, harassment, victimisation and redundancy. Employment law is challenging, complex, difficult and in a constant state of flux with changes to the law occurring frequently as a result of legislation and case law. If you instruct an Employment Tribunal solicitor you will receive a complete professional service from experienced lawyers who deal with all classes of employment claims.HELPLINE: ☎ 0330 660 7122