There is a wide range of contexts where specialist employment law solicitors can assist employers and employees by providing professional legal advice. Employment lawyers can help advise employers of their obligations and advise employees on their rights at work. Obligations on employers relate to a wide range of areas including health and safety in the workplace and fair treatment of employees. Employment rights include protections against discrimination in the workplace, protections against wrongful or unfair dismissal and parental leave.
If your statutory employment rights have been breached then you may be entitled to claim compensation. The claim will typically be heard in an employment tribunal although some claims are settled before they reach the tribunal. It is important to seek professional legal advice if you believe that your employment rights have been breached in order to gain a full understanding of the options available to you. If a claim is made, an employment law solicitor will be able to provide legal assistance throughout legal proceedings although if a case progresses to court a barrister will often be instructed to provide legal advocacy in hearings and trials.
Read more for some further information on some of the instances where you might need an employment lawyer.
Unfair Dismissal
One of the main areas employment lawyers can help with is unfair or wrongful dismissal. The difference between unfair dismissal and wrongful dismissal is unfair dismissal is a breach of your statutory rights whereas wrongful dismissal relates to a breach of contract. An employment lawyer can help you to understand whether you have grounds to make a claim for either unfair or wrongful dismissal against your employer. Booking an initial consultation can often be a useful step in gaining an overview of the different options when making a claim.
Unfair dismissal claims are heard before an employment tribunal. This is a specialist tribunal service in which employees can make claims where they feel that they have been treated unlawfully. There are also instances in which a settlement agreement is reached before a claim has proceeded to an employment tribunal. In addition to compensatory damages, there is a range of other options for remedies if it is found in a tribunal that an employee was dismissed unfairly. These could include the employee being reinstated in their previous role or being a different role within the organisation that unfairly dismissed them.
Discrimination at Work
There are key statutory protections for fair treatment of employees in the workplace. If you believe that you have been discriminated against in the workplace as a result of a protected characteristic then you may be entitled to claim compensation from your employer. Characteristics protected under the Equality Act 2010 include age, ethnicity, disability, sex, sexual orientation, gender reassignment, pregnancy/maternity, marriage/civil partnership and religion/belief. Discrimination in the workplace can take on many forms so discussing your case with a specialist employment law solicitor is often a useful starting point in gaining a clear understanding of the available options.
The Equality Act 2010 provides protection against both direct and indirect discrimination. Direct discrimination refers to instances where an individual is discriminated against as a direct result of a protected characteristic. Indirect discrimination on the other hand can refer to instances where a rule that is in place for all members of staff applies to you unfairly as a result of a protected characteristic. If you believe that a workplace policy is unfairly impacting you as a result of a protected characteristic, seeking legal advice from a specialist solicitor can help provide clarity on the options available to you.
Redundancy Payments
There is a range of statutory entitlements in instances in which an employee has been made redundant. Whilst your employer is responsible for making you aware of your rights if you are made redundant it is often a good idea to seek legal advice in order to ensure that you are receiving the redundancy package that you are entitled to. Employers are obligated to implement a fair process in selecting employees for redundancy.
If you have worked at a company for over two years then you are entitled to a redundancy payment and there is a statutory minimum amount that your employer is required to pay. This payment is calculated based on how long you have worked for an organisation although there are limits on the amount of money you can receive. Discussing your redundancy package with a qualified legal professional can help establish whether the amount you receive has been calculated correctly.
Contract Negotiation
If you are negotiating a contract with a prospective employer it is often a good idea to seek professional legal assistance. An employment lawyer can help provide a clear understanding of the terms of the contract whilst also offering assistance with the negotiation process. Often this will be important in roles where the contract covers intellectual property. Having clear information is crucial in a contract negotiation process and can help provide a clear understanding of areas in a contract where value can be added.
Employment lawyers can also provide legal advice to both employers and employees in instances where a contract may have been breached. Breaches of contract vary widely with some instances including unpaid wages, wrongful dismissal or unpaid bonuses. This differs from breaches of an employee's statutory rights as statutory entitlements do not depend on the terms of a contract. A breach of contract could also occur as a result of an employee’s actions, for example, if the agreed hours are not worked.
Protected Disclosure
Protected disclosure or qualified disclosure, more commonly known as whistleblowing, is protected under the Public Interest Disclosure Act 1998. These statutory protections mean that if an employee makes a protected disclosure, any dismissal resulting from this disclosure is considered to be unfair. If you believe that you have been dismissed from your role as an employee within an organisation as a result of a protected disclosure an employment law solicitor can help advise on the potential next steps.
Regulatory And Compliance Advice For Employers
In addition to providing legal advice for employees, employment law solicitors can deliver expert regulatory and compliance guidance for employers. For businesses, employment lawyers can help by advising on practical steps to ensure that an employer is meeting their statutory requirements to create a safe and fair working environment. With an evolving regulatory landscape for different sectors, it is important to ensure as an employer that your business continues to receive comprehensive legal advice on compliance.
Regulatory and compliance requirements vary widely across different industries and sectors so it is important to work with a solicitor with specialist expertise in your organisation’s field. In addition to providing advice on the regulatory requirements in a given sector, employment lawyers can also provide advice on ways in which these regulatory requirements can be implemented within an organisation.
Choosing An Employment Law Solicitor
There is a range of considerations when choosing a solicitor to provide legal assistance with an employment law matter. It is important to work with a solicitor with specialist expertise in employment law. It is also often a good idea to choose a solicitor who is based locally. The Law Society’s
Find A Solicitor search engine provides a useful tool when choosing a solicitor. This provides the opportunity to choose from a range of search criteria. The quick search function allows a search based on the area of law and a postcode. The pro search function provides the option for a more detailed search including the second area of law and an SRA id.
Book An Appointment With An Employment Lawyer
With offices in Cardiff and Pontypridd, our experienced solicitors can provide employment law advice to both employers and employees on the full range of employment law issues. Whether you require legal advice on an unfair dismissal claim or assistance with a contract negotiation our specialist team can help. To book an appointment, get in touch today by calling 02920 098 888 for our Cardiff office, 01443 408 647 for our Pontypridd office or emailing us at
info@pjesolicitors.co.uk.
