Anna Arthur & Associates offers advice in all areas of employment law both for the Employee and the Employer The key to understanding Employment Disputes is to obtain legal advice as early as possible in order that you can get clear advice to ensure that you are aware of what your rights are.
Particularly if there has been discrimination or any kind of a dismissal as there are very strict deadlines for making complaints in those circumstances and the longer you leave the problems, the harder it becomes to reach a solution. Anna Arthur and Associates can:
- Explain your options to you based on the particular problem that you need advice on
- Tell you if you have a legal case against your employer
- Help you decide whether your case is worth taking further
- Explain what you should do next
You will need to provide your solicitor with a summary of your situation before coming in for a meeting to discuss it in more detail, bringing with you any documents that you feel are relevant including your Contract of Employment and Employee handbooks or company procedures. Your solicitor will need information regarding your employment and is likely to ask you the following questions:
- How long you have worked for your employer
- How much you earn
- The details of your problem at work
- What events have led to your current situation
- Whether you have any relevant documents
- Whether there are any documents that you don’t have that you feel are relevant to the case
- What, if anything, has been done to try to resolve the problem before coming to see a solicitor
Once it is clear what the issues are, we can explain your options for you and in the event that there is a case against your employer, what your prospects of success are in order that you can decide whether or not to take it forward.
You may also decide to try and resolve the problems by using the internal company grievance procedure. This should always be considered as it can resolves matters early on by doing so and it may preclude you from bringing a claim in the employment tribunal if you haven’t tried to use the grievance procedure.
You may instruct us before using internal procedures for assistance with setting out your claim or negotiations or indeed instruct us to negotiate for you.
If the matters are not resolved internally, an employment tribunal may be your best option.
If you want to claim against your employer through the employment tribunal, this must usually be done three months less one day form the date of the events that are complained about. This deadline can only been extended in very special circumstances. If your claim is regarding redundancy payments, you have six months to take it to tribunal
If you can reach an agreement with your employer without going to tribunal, it will be recorded in a document known as a “compromise Agreement” which will set out the terms of any settlement agreed between you and state that in accepting it , you give up your legal claim against your employer. If an agreement of this nature is reached, you may be able to persuade your employer to make a contribution towards your legal costs as part of the agreement.
The tribunal panel is made up of three people, the chairman who is usually a lawyer and two wing members who are independent members with experience in employee relations and it is their job to do the following:
- Consider the evidence
- Consider the law to which the problem is subject and what the law says about problems of this nature
- Decide whether the claim brought is justified
They may also take into account the behaviour of the parties during the employment.
If the tribunal makes a decision in your favour they may order compensation or in cases of unfair dismissal they may order the employer to give you your job back although this is a rare thing for a tribunal to do
It is important to consider that you may not recover a large sum from an employment tribunal claim and the reason for this is that it is based on the losses you have suffered as a result of the problems leading to your claim.
CLAIMING UNFAIR DISMISSAL
A claim of this nature can only be made once you have completed one full year’s employment with that employer. There are some reasons for dismissal that make your dismissal automatically unfair and can include the following:
If you believe you are being treated less favourably that other employees for a reason relating to your sex, race, or disability, you may have a discrimination claim.