Employment law covers the legal relationship between employers and employees. Its purpose is to regulate the rights and responsibilities of each party, promote fairness and safety in the workplace, and provide recourse in the event of a dispute. It covers matters such as pay and minimum wages, working hours, leave entitlements, health and safety, discrimination, and whistleblowing.
A good relationship between employer and employee is important from recruitment to retirement. But what happens when things go wrong? We can assist if you need to take a stand against an employer. We are passionate about helping workers seek justice for a range of workplace issues so they can move forward with their careers and work lives. We can review your situation, advise on the relevant law, and help you assert your legal rights. Strict time limits apply for making a workplace claim, so don’t hesitate to contact us for legal advice.
Unfair dismissal
Employees may be entitled to make an unfair dismissal claim in certain circumstances if they have been dismissed after having been with their employer for two years or more. In some cases, however, the two-year requirement does not apply, and an employee may make a claim regardless of the time they have been with the employer. This includes situations where the employee was dismissed for certain matters protected by law. For example, you cannot be dismissed for things such as being pregnant, being in a trade union, insisting that you are paid the national minimum wage, or protecting yourself from serious and imminent danger.
Constructive dismissal occurs when an employee leaves their position seemingly at their own choice, but due to certain employer behaviour. Where certain actions of your employer cause you to leave your job, the law may see your resignation as a form of unfair dismissal. Constructive dismissal can be difficult to prove – your employer must have committed a serious breach of the employment contract, so it is important to get legal advice first if you find yourself in this situation.
Workplace discrimination, bullying and harassment
Laws protect workers from discrimination which may be based on factors such as sex, age, race, sexual orientation, pregnancy, or another protected characteristic. Discrimination laws apply from when you apply for a job, throughout your employment and maybe even afterwards. Discrimination means treating someone less favourably than someone else and may be direct or indirect. It could occur during the hiring process, when promoting or training employees, and when providing certain benefits to employees.
Unwanted touching, offensive jokes and comments, sexual advances, and being humiliated in front of colleagues are typically forms of bullying and/or harassment. All workers deserve to work in an environment free of harassment and bullying. The law insists that employers hear any complaints and take the right steps to stop the harassment.
If you believe you have been treated unfairly due to discrimination or are dealing with unresolved bullying or harassment in your workplace, there may be legal options available. We can explain your rights and advise you on the most appropriate course of action.
Settlement agreements or compromise agreements
A settlement agreement is an agreement between an employer and an employee to settle certain matters, usually before the employee leaves their employment. The employee effectively waives their right to claim against the employer/go to a tribunal and usually gets paid a sum of money known as a settlement. Sometimes settlement agreements are entered into to resolve an issue between the parties and the employment continues thereafter.
If you have been offered a settlement or compromise agreement to resolve your employment dispute, we can review the terms to make sure it is fair and it adequately protects your rights.
If you need help, contact [email protected] or call 020 3565 0074.