There are times when the relationship between employer and employee breaks down or comes to an end, resulting in a number of legal issues.
When this happens, it can seem to an employee that the employer holds all the cards, but this doesn’t have to be the case. Our expert employment law solicitors can help to redress this balance by providing you with expert legal advice on your employment rights.
Whether you are accepting a new job offer and would like your employment contract reviewed, negotiating an exit strategy or facing discrimination, we can help. Our solicitors specialise in protecting employee rights – we always work with you to achieve the best results in any legal situation you may be facing.
We can advise on any aspects of employment law including:
We often work with senior managers, directors and/or professionals experience significant issues around packages, shares and benefits and restrictive covenants.
When an employee is dismissed without a potentially fair reason and without following a fair and reasonable process in all of the circumstances, you may have a claim for unfair dismissal also known as an unlawful dismissal. Your employer must be able to establish that the principal reason for your dismissal was one of the five permitted fair reasons.
The five fair reasons for dismissal are:
Claims for ordinary unfair dismissal are covered by the rules on Acas early conciliation. This means that before issuing a claim in the employment tribunal you must contact Acas first. Acas will try to facilitate a settlement. If no settlement can be reached or the parties do not wish to conciliate, Acas will issue and EC certificate. The EC certificate number I s required to start a claim in the employment tribunal.
Yes, in most cases an employee has to have at least two years’ continuous employment on the effective date of termination to be able to bring a claim for ordinary unfair dismissal. There are exceptions where the usual qualifying period does not apply (for example if the dismissal is for a health and safety reason). and it It would be advisable to seek further advice from an employment lawyer.
Subject to the rules on the automatic extension of time for early conciliation, a claim must be made within three months and less one day of the effective date of termination . For instance, if an employee is dismissed on the 18 March, the claim would need to be received by the employment tribunal on or before 17 June.
Constructive dismissal occurs when there is a significant and fundamental breach of contract by an employer of the express or implied contract terms, which go to the root of the contract. Such behaviour will usually fundamentally undermine the relationship between the employer and employee so the employee feels that they have no choice but to resign.
In this situation an employee may regard themselves as dismissed and resign then bring a claim which is known as ‘constructive unfair dismissal’. We would always recommend taking legal advice before resigning.
You would have to resign in response to the breach and without too much delay, otherwise you may have affirmed the contract and would lose the right to claim constructive dismissal.
You may terminate with or without notice If you give and work your notice your employer could oppose your claim by arguing that the relationship hasn’t suffered irreparable damage.
A settlement agreement (previously known as a compromise agreement) is a legally binding contract or agreement between an employer and the employee that settles specified claims that the employee might have against their employer. It usually provides for a financial payment to be made to the employee and/or an agreed reference in return for the employee agreeing not to pursue claims against the employer.
Sometimes settlement agreements are also used when both parties need to settle a dispute but the employee doesn’t necessarily leave their job. Once a settlement agreement has been signed you will not be able to pursue any claims against your employer, so it is crucial that you understand all the implications of the agreement.
To be legally enforceable you must have received independent legal advice on the terms and effect upon you of those terms. You have to receive this advice before signing the agreement.
An employer normally pays a contribution towards an employee’s legal fees for obtaining advice on the terms and effect on you of the agreement. This contribution is normally around £350 – £500 plus VAT.
Yes. You may want to do this before seeking legal advice on the agreement or we can help you with negotiations.
No, they are entirely voluntary. You have a choice whether to enter into the settlement agreement or not. You should be given a reasonable period to consider the terms offered and take legal advice. What is reasonable depends on the circumstances. Acas do recommend a minimum of 10 calendar days (a specific requirement for pre-termination negotiations under s111A Employment Rights Act 1996), unless agreed otherwise.
For further information on settlement agreements please see:
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