Employment Law - A Guide For Employees

If your employer has treated you unfairly, younormally a three month deadline from the date of
have been unfairly dismissed or discriminatedthe events you are complaining about. Under
against at work in the UK, it is important to getcertain circumstances this can be extended, for
legal advice as the earliest possible opportunity.example if your claim concerns redundancy
Generally, the longer you leave a problem thepayments, in which case you have six months to
harder it is to solve. Your employment solicitorlodge the claim with a tribunal.
can help to explain your options, determineThe employment tribunal is composed of one
whether you have a case against your employer,employment law specialist, i.e. a judge or a lawyer,
help you decide whether the case is worthand two lay members whom will have specific
pursuing and explain what steps to take.experience of employment issues.
You will need to be prepared to provide yourThe employment tribunal will look at the merits of
solicitor with the following details:your case along with any evidence to determine
- Length of time you have worked for yourwhether they think it is justifiable in law to bring
employerthe claim against your employer.
- How much you earnThey will take into consideration what policies
- Your Job Description and Contract ofprocedures your employer has for dealing with
Employmentproblems at work, what steps you and your
- Details of your problems at workemployer have already taken to try to resolve
- What events have led to your current situationthe problem and you and your employer's
- Any relevant documents that you have or thatbehaviour throughout the time you were
are not in your possessionemployed.
- What you have done so far to try to resolveMost case hearings will be finished in one day.
the matterConclusions are reached via a majority decision
RESOLVING PROBLEMS INTERNALLY.and are normally announced to both parties
If possible you should try to sort out yourstraightaway.
problem through internal company grievanceIn cases of unfair dismissal, tribunals have the
procedures to allow matters to be sorted outauthority to enable you to either get you
quickly.reinstated in your job or to order a
If you have attempted to solve the mattercompensatory award.
internally then you are more likely to have yourUK employers don't always understand
case heard by the employment tribunal. You canemployment law and often fail to stick to proper
either do this directly or we will write to yourprocedure or to properly compensate their
employer on your behalf.employees from losing their job. A good
If you can reach an agreement with yourcompromise agreement solicitor will be able to
employer without going to a tribunal, this can benegotiate with your employer with the mutual aim
recorded in a "compromise agreement". This is aof resolving the dispute, meaning that neither
legal document which confirms the terms of theparty will have to attend an employment tribunal -
settlement you have agreed, in exchange forin many cases such a compromise agreement will
which you will give up your legal claim against yourenable a higher compensation payout than from a
employer.tribunal, especially when considering the reduction
EMPLOYMENT TRIBUNALS.in legal fees. Any employee who has been
If you are unable to resolve matters internally, itdismissed, should always seek the advice of
may be necessary to take your case to anexperienced employment law solicitors before
employment tribunal.taking any action or signing any agreement.
If you do take matters to an tribunal, there is