Many fathers find their workplace unsupportive of their aspirations for a better work-life fit, a new study by charity Working Families has found. The 2017 Modern Families Index report details the findings of 2,750 working parents that were surveyed as...
Employment Solicitors in Ashby de la Zouch and Tamworth
Everyone should be entitled to a reasonable and fair working environment, but unfortunately some employers do not always live up to their legal responsibilities towards their employees. At these times, it is vital to know your legal rights and what action you can take to protect those rights and ensure you get fair treatment.
Employment law can be complex, which is why it is worth getting expert advice at the earliest opportunity. Many employment issues can be resolved relatively quickly and simply with the intervention of a specialist employment law solicitor, while for more complicated issues it is essential to take the right steps to give yourself the best possible chance of a favourable outcome.
Fishers Dewes’ expert employment law solicitors in Tamworth and Ashby de la Zouch provide expert legal advice to employees facing a wide range of workplace-related issues. Whether you are facing the prospect of redundancy, feel you have been discriminated against or harassed, believe you have been unfairly dismissed, or have any other grievance against your employer or former employer, we can offer clear, impartial advice on your rights and legal options.
Our employment lawyers can support you in a number of ways, including contacting your employer on your behalf to outline your grievance and the action you require from them to resolve the matter, negotiating on your behalf, providing mediation services and representing you at an Employment Tribunal if required.
We understand that dealing with employment disputes can be stressful and confusing, so our solicitors aim to offer a sensitive, reassuring but practical approach to resolving your issues. We will talk through your rights and options clearly in plain English, so you can make an informed decision about how to proceed and have the best chance of achieving at outcome that works for you.
Our employment law services for employees
Fishers Dewes’ employment solicitors can help you with a variety of different types of employment issues, providing a comprehensive service for employees of all kinds.
Unfair Dismissal & Constructive Dismissal
Employers must follow strict and fair procedures in order to dismiss an employee. If you feel you have been dismissed unfairly or for discriminatory reasons, you may be able to take legal action to have your employment reinstated or to secure compensation.
Alternatively, if you feel you have to leave your job because of unreasonable conduct on the part of your employer, you may have a case for constructive dismissal. Examples of constructive dismissal include your employer forcing you to make unreasonable changes to the way you work e.g. changing your shifts from those you are contracted for without your consent, or allowing other employees to bully you.
In cases of unfair and constructive dismissal, it is important to act quickly and take the right steps to ensure your rights are protected. There is normally a limit of 3 months from the time of your dismissal to bring a claim at an Employment Tribunal, so it is highly advisable to speak to an employment solicitor as soon as possible.
Your employer can make you redundant if the job that you do is no longer needed such as if your department closes, the business stops trading, or your employer needs to cut costs and reduce the number of staff.
However, if your employer makes you redundant, there are procedures that must be followed and if they are not followed correctly then your employer could be liable for unfair dismissal. This includes ensuring that a fair process is used for selecting who is made redundant.
If you are facing redundancy, or have been made redundant and are concerned that the process was not handled fairly, our employment lawyers can advise you on your rights and whether you are likely to have a case for unfair dismissal. We can then support you in making a claim, where appropriate.
Despite having very strong laws against discrimination in the UK, some unscrupulous employers do unfortunately still discriminate against employees for unfair reasons.
You may have a case against your employer if you believe that you have been discriminated against for any of the following reasons (known as protected characteristics):
- Gender Reassignment
- Marriage / Civil Partnership
- Pregnancy / Maternity
- Religion / Belief
- Sexual Orientation
Sexual harassment at work
Sexual harassment remains a serious problem in many workplaces and it is your right to challenge this behaviour if it affects you. Sexual harassment includes any behaviour of a sexual nature that violates your dignity, creates a hostile or offensive environment or leaves you feeling intimidated, degraded or humiliated.
Sexual harassment is classed as unlawful discrimination under the Equality Act 2010 and you can take the matter for an Employment Tribunal if your employer refuses to address the issue. Our employment law solicitors can advise you on your options and act for you to find a solution, either by negotiation with your employer or via legal action if necessary.
Your employer has a duty to stop any kind of bullying or harassment at work. If you believe that you have been a victim of workplace bullying (including at work-related events), you should seek advice from an employment solicitor as soon as possible.
There are many forms of workplace bullying, including:
- Spreading malicious rumours
- Humiliating behaviour
- Actions which repeatedly undermine you
- Unfairly denying you training or promotion opportunities
Workplace bullying can be face-to-face, over the phone, by email and is illegal under the Equality Act 2010 if it is related to protected characteristics such as your age, sex, disability, race or sexual orientation.
Equal pay claims
Your employer cannot pay you less than a colleague purely based on your gender. If you believe you are being paid less that a colleague of the opposite sex who is doing the same work of equal value, you may have a claim for discrimination under the Equality Act 2010.
Our employment lawyers can advise you on how to proceed, including your rights to know the terms of employment of colleagues in a comparable role. We can offer mediation with your employer to find a fair resolution, or support you in making an Employment Tribunal claim if this is the best or only option to achieve a positive outcome.
All employees have the right to request flexible working as long as they have worked for the same employer for at least 26 weeks. While your employer does not have to give you flexible working if there is a good business reason for refusing, they are required to deal with your request in a reasonable manner.
If you have requested flexible working and believe your employer has not treated your request fairly, or that they are treating you unfairly in other ways because of your request, we can advise you. You can take the matter to an Employment Tribunal if necessary to ensure a fair outcome.
If you see wrongdoing at work that you wish to report, you may be protected by the law as a “whistleblower”. For this to apply, the wrongdoing needs to be in the public interest i.e. it must be likely to negatively affect others. That law says that you should not be treated unfairly by your employer or be dismissed for ‘blowing the whistle’ but employers may not always respect this.
If you believe you have uncovered wrongdoing and want advice on whether you will be protected under whistleblowing rules, or feel you have been treated unfairly as a resulting of whistleblowing, we can help. Our employment law solicitors can ensure you are able to take the right action without suffering negative consequences and get a fair outcome for you and the people affected by your employer’s wrongdoing.
Transfer of Undertakings (TUPE)
If the company you work for is sold to new owners, your employment may be protected under Transfer of Undertakings (Protection of Employment) regulations, commonly referred to as TUPE.
You will normally be entitled to continue your employment with the same terms and conditions under the new owner. However, there are exceptions, such as if the new owner makes you redundant. Whatever the circumstances, there are strict rules the new owner has to follow with regards to your employment and if you feel they have not followed these rules correctly, you may have a case for unfair or constructive dismissal.
Employment Tribunals are independent bodies that make decisions in legal disputes related to employment law. If you believe your employer has treated you unlawfully you can make a claim to an employment tribunal for a resolution.
When making a claim to an employment tribunal, you will need to inform the Advisory, Conciliation and Arbitration Service (Acas) first. They will offer you the option to resolve the issue without going to court using Acas’s free Early Conciliation service.
If Early Conciliation fails, or is not appropriate, you and your employer will then both need to appear before the Employment Tribunal to put across your case, at which point the tribunal will give a ruling.
Our employment law solicitors are experts in dealing with Employment Tribunal claims and we can support and represent you throughout the entire process. There is a 3-month time limit to bring an Employment Tribunal claim, so it is strongly recommended to seek legal advice at the earliest opportunity to give yourself the best chance of a favourable outcome.
Why use Fishers Dewes employment law solicitors?
Our employment law solicitors have been supporting workers in Leicestershire, Staffordshire and throughout the Midlands for many years. We have a strong track record of success for our clients, making us one of the area’s most trusted law firms on issues of employment law.
We are Lexcel accredited by the Law Society, recognising our high standards of practice management and customer care. Our employment law team take pride in offering an exceptional service to every client, prioritising good communication so you always know exactly how your case is progressing and what the next step will be.
We aim to be completely transparent about our fees and will give you a realistic estimate upfront for how much pursuing your case is likely to cost. We will inform you at the earliest opportunity if there is likely to be additional expense, meaning you stay in control of the cost of your case at all times.
Get in touch with our employment solicitors in Ashby de la Zouch and Tamworth
Whether you need advice on a settlement agreement, a review of your employment contract or representation at an Employment Tribunal, Fishers Dewes’ employment solicitors can assist. For more information on any of our employment law services or to book an appointment with one of our advisors please contact your nearest Fishers Dewes office or complete our enquiry form.
- Kevin Lynch
- Director and Solicitor