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Employment Law

Have you been dismissed unfairly? Been forced to leave your job because you were discriminated against or bullied? Are your colleagues being paid more than you for like for similar work?

Contact us today to speak to one of our specialist employment law advisors

As an employee you have the right to be treated with dignity, respect and to work in a safe environment. In addition to these core values your employer is responsible for:

  • Providing you with a written statement of  terms when you start work;
  • Paying you at least the national minimum wage;
  • Providing you with the correct training for health and safety procedures in the work place (If you suffer an injury at work and you haven’t been provided with the correct training, you may have a claim).

If you are not being provided you with these and other basic requirements you may have a claim against your employer.

Discrimination in the work place

It is unfortunate, but businesses and employees still discriminate in the work place. It is your right as an employee to be treated with the same equal respect as shown to your colleagues. Your employer has no right to discriminate against you on any of the following grounds:

  • Age
  • Gender
  • Sexual Orientation
  • Religion
  • Disability (some exceptions apply)

Whilst your employer may not have prevented discrimination or bullying occurring in the work place, it is under a duty to deal with any complaints made and to do its best to prevent bullying and discrimination. If you are being bullied or discriminated against you must raise this with your manager. If this does not resolve the issue you may be entitled to make a claim against your employer for failing to take appropriate action.

In some cases, if you feel your employer has discriminated against you and you feel you have to resign your position, you may have a claim for constructive dismissal. It is vital to seek legal advice immediately to decide the best course of action available.

Constructive Dismissal

If you resign from your job because of your employer’s behaviour, you may have a claim for Constructive Dismissal. In order to have a claim you will need to show that:

  1. Your employer has committed a serious breach of contract;
  2. You felt forced to leave because of that breach;
  3. You have followed the correct grievance procedures (where possible);
  4. You have not done anything to suggest that you have accepted their breach or a change in employment conditions.

In order to have a claim, the breach that has occurred needs to be serious. Examples of such breaches include bullying, suddenly reducing your pay or asking you to work in a poor working environment.

At the Edward Hands & Lewis we can help you with all your employment needs; we can assess your claim, complete the claim forms with you and represent you at a Tribunal.

Redundancy

Redundancy is a form of dismissal that occurs when your employer needs to reduce the number of staff they employ. In most cases, to make someone redundant your employer has to follow a strict procedure which includes a consultation period and a selection procedure.

The selection procedure is the process your employer must go through to choose who to make redundant. This must be a fair and objective process. Normally, your job must be redundant (that is no one shall fill your position when you leave) however in rare circumstances your employer may hire someone to replace you. If you feel you have been unfairly been made redundant you may be eligible for an unfair dismissal claim.

Fact Sheet – Discrimination and Harassment

Fact Sheet – Taxation of Termination Payments

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