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Employment Law for Individuals

Whether you’re facing unfair dismissal, discrimination, redundancy or otherwise treated badly in the workplace, we’re here to fight for your rights and help make sure you get a fair deal. We achieve this by providing first-class representation at affordable rates. Our representation is nationwide, and we can carry out all communications via phone, email and video conferencing.

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Redundancy

Please see our dedicated page for information regarding redundancy.

We understand that the prospect of losing your job can cause huge strains on your life.  Being made redundant can be emotionally and financially challenging.  In certain circumstances, if there is not a genuine redundancy situation or if the employer did not follow a fair procedure, you may have a potential claim.

If you are being made redundant, or are unsure if you have a valid claim, please do not hesitate to get in touch with a member of our team for expert advice on how best to proceed. Employment solicitors are instrumental in securing fair redundancy packages and favourable settlement agreements. We will provide expert advice on legal entitlements, negotiate on behalf of individuals, and ensure that you receive appropriate compensation and support.

You may well be asked to sign a settlement agreement. You should always obtain legal advice before signing a settlement agreement, as you are effectively signing away your rights to claim for unfair dismissal. Please see our page on settlement agreements for more information.

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Settlement Agreements

Please see our dedicated page on information regarding settlement agreements.

Unfair dismissal

Please see our dedicated page for information regarding unfair dismissal.

When an employer dismisses an employee without good reason and/or without following the appropriate process, the employee can potentially raise a legal claim for unfair dismissal.

As a general rule (with some exceptions), an employee must have a minimum of two years’ continuous service to bring a claim for unfair dismissal.

If your employer invites you to a disciplinary hearing, we can advise you on your rights.

The conclusion of a disciplinary procedure can range from no action being taken through to termination of employment. If the outcome involves termination of employment, you may be able to challenge the dismissal on the basis that it was potentially unfair. It is important that you seek legal advice at an early stage, so that we can best advise you on your legal position and options, as well as time limits that apply.

Constructive unfair dismissal

Constructive unfair dismissal occurs when you are forced to resign from your employment due to a fundamental breach of the employment contract by your employer.

The behaviour of your employer must have constituted either a serious, one-off breach of contract, or an accumulation of incidents which together amount to unreasonable behaviour. To successfully claim for constructive dismissal, you must be able to show that your employment contract has been breached in such a way that had the effect of making your position untenable. Resignation in such circumstances is a significant step, so you should take advice on your situation as early as possible.

We can assist with all types of dismissal claims against employers, as we have the knowledge and experience to advise you on the best way forward.

Discrimination

For a worker finding themselves on the receiving end of discriminatory treatment, the experience can be very distressing. Discrimination in the workplace involves being treated less favourably than others because of a “protected characteristic” such as:

  • Age
  • Disability
  • Maternity or pregnancy
  • Marriage or civil partnership
  • Race
  • Religion or beliefs
  • Sex
  • Sexual orientation
  • Gender reassignment

Disciplinary & Performance Issues

If you’re facing a disciplinary hearing, or struggling with allegations about your performance, it can be a daunting and stressful time. The allegations might be unfair or exaggerated.
We’ll reduce the strain on you by analysing your case, preparing you for meetings, and drafting comprehensive responses to the allegations. We’ll find points you can challenge, and be assertive with your employer if they’re not following a fair procedure. If, at any time, it seems leaving might be the best option, we can negotiate with your employer and advise you on any settlement.
With us, you’ll be in safe and capable hands, as we’re well-regarded for our work advising employees and senior executives. As we advise employers as well, we understand how both sides think and bring this experience to bear on your behalf.

Bullying and Harassment

Suffering from bullying or harassment in the workplace can be a devastating reality for many employees, who fear that complaining about it could make the problem worse, or even lead to them losing their job.
If you feel unsupported by your employer, taking advice early can help you not only to understand your rights, but how the problem can be tackled without fear of recriminations or losing your job.
We offer expert legal advice to employees facing bullying and harassment at work, as well as advising employees facing claims they were implicated in bullying or harassment of a colleague. We can offer you guidance and support to help you decide how to proceed; whether you make a complaint under the employer’s grievance procedure, initiate a “without prejudice” discussion for a negotiated exit, or bring a claim before an employment tribunal and, if so, what the potential claim should be.

Complaints and Grievances

You can raise a grievance with your employer when you have concerns about any aspect of your working life. You can also use the grievance process to raise issues relating to the terms and conditions of your employment. You should always try to resolve disputes informally before raising a formal grievance and a number of grievance procedures allow for this as the first stage of the process. We can advise you on the best way to resolve disputes at your workplace and can help you draft a grievance statement.

Employment Contracts

We can provide expert advice to individuals during contract negotiations, ensuring that the terms and conditions align with their best interests. From salary negotiations to non-compete clauses, having a solicitor review and explain the contract’s legal implications empowers individuals to make informed decisions and secure their rights from the outset. If you find yourself in breach of any restrictive covenants in your employment contract, then it is essential that you seek legal advice at the earliest opportunity.

Family leave rights

The law on family leave, maternity, paternity and adoption rights can be complex, and as such it can be easy for employers and employees to make a mistake.
  • Having a child is an exciting time but it can also raise a wide range of workforce issues, including:
  • Ensuring you are safe at work during pregnancy – your employer is under a duty to carry out a risk assessment once you have given them written notification of the pregnancy.
  • Allowing time off to attend appointments.
  • Unpaid/emergency leave.
  • Pay and benefits.
  • Your role and working hours when you return after a period of leave.
Employees are afforded various family-friendly rights and entitlements, but we understand that this is not a time when you want or expect to enter into disputes with your employer about your maternity leave.
  • Unfortunately, some people do suffer from discrimination on the grounds of their maternity/paternity rights. This can include:
  • Refused requests for flexible working.
  • Redundancy when you are selected as a result of pregnancy.
  • Failure to carry out the risk assessment.
  • Being sidelined due to a pregnancy.
  • Restructuring whilst you are on family leave..

If you believe that your rights are being breached, or you simply want more information about your rights, we can help you. We have experience of successfully acting for employees in enforcing their maternity and parental leave rights.

Whistleblowing

Whistleblowing can broadly be defined as the act of speaking out where a worker believes that an act of wrongdoing has happened, is happening, or will happen. Workers who voice their concerns are protected by law to ensure that they are not subjected to a detriment because of this “whistleblowing”. Although only certain disclosures attract protection, these are not always obvious, so particular care needs to be taken.

A worker who has been unfairly treated may be able to bring a legal claim whilst a dismissal made in response to whistleblowing will automatically be an unfair dismissal.
A worker does not require any qualifying period of employment to bring a claim (unlike unfair dismissal) and the compensation that can be awarded is not subject to any upper cap (again, unlike unfair dismissal).

Wages, pay and benefits

We are well versed in the statutory frameworks relating to:
  • Equal pay
  • Sick pay
  • Holiday pay
  • Maternity and paternity pay and benefits
  • Auto-enrolment pension
  • Deductions from pay
  • Garden leave payments and benefits
  • National minimum wage

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Solidaire Solicitors is the trading name of Solidaire Law Limited registered as a company in England and Wales No: 14656564. Solidaire Law Limited is authorised and regulated by the Solicitors Regulation Authority No: 8004737.

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