What is Employment Law?
Employment law sets out the rules about what employers and employees/workers can and cannot do at work and how work matters should be handled. It can be complicated and difficult to know what the right course of action might be, which is why Waldrons are here to help.
What areas of Employment Law can Waldrons Help With?
Starting a New Job – we can advise on and help you negotiate contracts of employment
Whilst you are at work – we can assist you in dealing with disciplinary matters, raising grievances, dealing with bullying and discrimination, sorting out pay issues, and assisting you with asserting your family leave rights
When there is a problem – if you have a problem and want to bring a claim in the employment tribunal we can provide practical advice on what your options are and how you can pursue them.
Leaving work – sometimes post termination restrictions may apply when you leave work, we advise on their enforceability and what to do if an old employer threatens to enforce them. We can also advise on Settlement Agreements – click here for more information.
Who can we help?
We frequently help both executives and working professionals across a range of industries, sectors and capabilities. Our expert team of solicitors can help you if you’re an:
- Public Servant
- Professionally Regulated Individual
We will listen to you, find out all the circumstances that led to this point and advise you on your options including whether you may have a legal claim. This can involve situations where:
(1)You are still employed
(2)Your employment has ended but a dispute either led to you being dismissed or has arisen since your employment ended.
How much do Employment Law Specialists cost?
We provide initial advice for £300 + VAT (£360 inclusive) which includes a meeting with a specialist Employment Law Solicitor usually lasting for around an hour and detailed advice confirmed in writing. We will also be able to provide you with realistic costs information based on our initial discussions with you.
Unfortunately, the Government no longer provides legal aid for employment disputes but there are alternative options:
We always advise you to check any insurance policies that you have. Home insurance or even car insurance can sometimes include legal cover which may pay for employment disputes.
If you are a member of a union, legal costs may be covered by your union.
We may be able to offer a Damages Based Agreement (a type of ‘no win, no fee’ agreement) if you plan to make a Tribunal claim and we determine that your case is suitable for this type of funding.
More information about costs can be found here.
Our approach is to be flexible and to be as involved as you want us to be. This can range from providing you with initial one-off advice, providing advice as things progress or fully representing you. We can offer you advice at any stage of a workplace dispute. The decision is yours.
We are aware that workplace disputes can create a very stressful situation for you. Our approach is to be practical and realistic while ensuring that things aren’t dragged out unnecessarily. As a firm we are large enough to have some of the best legal experts in the region but small enough to guarantee that you will be our priority - you’ll never be ‘just another case’ which is why we can guarantee that:
You will have direct access to a specialist Employment Law Solicitor with a direct dial telephone and a direct email address.
We will be completely clear on costs from day one and we will always discuss funding options with you.
If I have a problem at work what should I do?
The first thing to do is try and sort it out informally with your supervisor, or if the problem involves them and you do not feel you can talk to them about it, their supervisor. If that does not work you should raise a formal grievance – you should do this in writing and send it either to Human Resources or one of the bosses (if your employer does not have dedicated HR).
How do I write a grievance?
Your grievance should be as detailed as possible. It is not enough to say my manager is bullying me. Give dates, examples, details of what was said or done and anybody that may have witnessed it. Explain the effect the situation has had on you. Most importantly set out what you think might be a solution. Mediation can be a very useful tool in helping people communicate and set a foundation for working going forward.
How do I know if I am being paid correctly?
The rules around what someone should be paid can get very complicated. There are certain minimums such as National Minimum Wage, Statutory Maternity Pay, Statutory Sick Pay and the Courts and Tribunals have laid down certain rules regarding holiday pay. As you would expect there are exceptions to all of these rules.
You should first speak with payroll and tell them your concerns. They should be able to explain how your pay has been calculated. If you are still unsure that your pay is correct get some expert advice – we are here to help.
Have I been unfairly dismissed?
Employers should follow a fair procedure and have a fair reason for dismissing you. Not everyone can bring a claim for unfair dismissal. Generally speaking, employees have to have more than 2 years’ continuous service but there are a number of exceptions, so it is worth checking. If you feel you have been unfairly dismissed, you should appeal the decision to dismiss you. You need to act quickly as any claim has to be brought within 3 months less a day from your effective date of termination.
I have been dismissed – do I have a claim?
Whether you have a claim will depend on your employment status, why and how you were dismissed and how long you have been employed. The important thing to remember is that there are very tight time limits to bring an employment claim – it is usually 3 months less a day from either the circumstance you are claiming about or your effective date of dismissal so it is important that you take advice quickly.
Who are Acas?
Acas are the Advisory, Conciliation and Arbitration Service. They provide guidance on employment law but they cannot represent you. If you have an employment claim then they have to be notified and they will try and help you and your employer reach a settlement before the matter gets to a Tribunal hearing.
Am I being discriminated against at work?
Some people use the word discrimination to mean being treated differently. However, in employment law it means being treated differently because of a specific protected characteristic such as your gender, race, disability, religion, sexual orientation or age for example. Not all discrimination is unlawful.
There are times when an employer can treat you differently – for example women get special protection when they are on maternity leave. If you feel you are being treated differently you can get expert advice from Waldrons and we can help you address your concerns with your employer.
Click on any of the links below for more information.Restrictive Covenants
Unfair Constructive Dismissal