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 or are negotiating an exit strategy or facing discrimination, we can help. Our solicitors specialise in employee rights – we always want you to come out on top of any legal situation you may be facing.
When an employee’s contract is terminated without a fair reason, you may have a claim for unfair dismissal also known as an unlawful or wrongful dismissal. Your employer must be able to establish that the principal reason for your dismissal was one of the permitted fair reasons.
The five fair reasons for dismissal are:
Yes, in most cases an employee has to have have served two years’ continuous service to qualify for a valid claim. However, there are exceptions and it would be advisable to seek further advice from an employment lawyer.
A claim must be made within three months and less one day of the date of dismissal. For instance, if an employee is dismissed on the 18 March, the claim would need to be submitted on or before 17 June.
Constructive dismissal occurs when an employer breaches a contract by behaving in a way that causes an employee to leave their job when they do not wish to do so.
By law, you are able to give statutory or contractual notice, but you shouldn’t give any more than the minimum notice period on your contract. This is because your employer could oppose your claim by arguing that the relationship hasn’t suffered irreparable damage.
A settlement agreement is a legally binding contract or agreement between an employer and the employee that settles any claims that the employee might have against their 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.
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