Whether you are experiencing issues at work, or are leaving employment, we can help support you and protect your rights.
Whatever your role or industry, our employment experts can help advise you on your workplace problems and help protect your rights.
As an employee, one of the more stressful situations to deal with is having a difficult conversation with your employer. Alternatively it might come up because you are unhappy with something at work and you feel that you need to formally raise a grievance. We can help support you in these circumstances and to have those difficult conversations with your employer.
A disciplinary process is something that will be started by your employer. Your employer might ask to meet with you as part of a disciplinary process if they think that you might have been guilty of some inappropriate behaviour in the workplace. The behaviour in question can range from the relatively minor (such as a small breach of company policy) to something quite severe (such as theft or harassment).
If your employer thinks you are guilty of the behaviour in question, they may be justified in taking a range of action against you, from issuing a warning, through to dismissal for the most serious issues. The disciplinary process is your opportunity to ensure that your side of the story is heard, before your employer comes to any firm decisions. It is therefore important that you treat it seriously and consider taking some advice.
If your employer has asked to meet with you as part of a disciplinary process, we would encourage you to contact us as early into the process as possible, and we can advise you on what to expect and how best to approach the process.
If your employer has concerns about your performance at work, they may invite you to meet with them about a performance improvement process.
This process is different from a disciplinary process. Your employer will start a disciplinary process if they feel that your behaviour has been inappropriate. A performance improvement process is used when you haven’t been accused of doing anything wrong, but where your employer feels that you aren’t performing at the level they expect.
A properly followed performance improvement process should include checking that you have access to everything you need to be successful in your role. It should also set targets which allow you to show improvement over a period of time.
It is important that you take this process seriously. If you fail to show the improvement required, it may be possible for your employer to end your employment. But alternatively, if you engage well with the process, it is possible to turn things around and show your employer that you are keen to succeed, even turning it into a positive thing overall.
If you have been asked by your employer to attend a performance improvement meeting, contact us and we can advise you on what to expect and how best to approach the process.
If you are unhappy with something to do with your working conditions, something the business is failing to do, or a decision the business may have made, in the first instance you would be best to raise this informally with your employer. But having raised it, if you have not received the response you hoped, it may be that you need to consider raising a formal grievance.
This can be a stressful thing to do, as most of us find it hard to raise complaints with our employers. But sometimes if your concerns aren’t being listened to when you mention them informally, you might be left with little choice but to submit a formal grievance. Once you raise a formal grievance, your employer ought to follow a proper process to investigate your concerns properly. Unfortunately this is not always the case, and sometimes employers need to be reminded of their responsibilities.
If you are considering raising a grievance against your employer, or if you have raised a grievance and this is not being dealt with properly, please contact us and we can talk you through the best way to take things forward.
If you feel that you are being treated unfairly or differently to your colleagues, or if you feel that you are being put at a disadvantage, because of a personal characteristic, it is possible that you are being unlawfully discriminated against. Your employer is legally prohibited from discriminating against you in relation to a number of characteristics including age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation.
If you feel that you are being discriminated against it can be hard to know what to do for the best. The truth is, there are many different ways to respond, depending on the circumstances and what you feel most comfortable with. Please contact us and we can discuss this with you and look to find a way forward that you feel comfortable about.
Whilst most employers make an effort to create a happy working environment, unfortunately there are some that allow toxic working environments to exist. These employers might be guilty of harassment themselves or else they might allow their staff to engage in harassing behaviour.
When people think of harassment, they typically think of sexual harassment. Sexual harassment is clearly unacceptable and if this has happened to you, you will have suffered harassment at work.
But harassment includes more than just sexual harassment. You may have been the victim of harassment if you have suffered any words or actions at work, from either your employer or colleagues, which has made you feel intimidated, degraded or humiliated, and if this treatment was related to your age, disability, race, religion or belief, gender reassignment, sex or sexual orientation.
If you feel that you have been harassed at work, whether this was sexual harassment or otherwise, it can be hard to know what to do for the best, especially as you will likely be feeling upset or vulnerable as a result of the treatment you have suffered.
In these circumstances, it is important for us to advise you about the options available to you, so that you can choose a way forward that you feel comfortable with. Please contact us and we can discuss your options with you and agree on a course of action that you feel comfortable following.
At the end of the day, most of us go to work in order to get paid. We all have bills to pay and we budget our expenditure based upon how much we earn. If you are not paid, or you don’t receive everything that you are entitled to, we know how stressful this can be and the knock-on effects that it can have on your ability to pay your bills.
We understand that getting things corrected quickly is understandably your top priority. There are many circumstances where you might not have been paid properly. You may not have been paid for certain hours that you have worked, you might have received a rate of pay that is lower than what you are entitled to or you may have had pay deducted from your salary. We can help you ensure you get everything you are entitled to.
You may have witnessed something happening in your workplace which you know isn’t right.
Whether speaking up about this would constitute a whistleblowing disclosure depends on two things. The first is whether you reasonably believe that you are acting in the public’s interest in disclosing the matter – that is to say it cannot be a personal grievance that you have with your employer. The second is that you must reasonably believe that the relevant disclosure reveals a particular wrongdoing, which either constitutes a criminal offence, breach of a legal obligation, endangers somebody’s health or safety, endangers the environment or which seeks to covers up any of these things.
If you make such a disclosure, you are given certain protections by law, allowing you to take your case to an employment tribunal if you feel that you have been victimised at work or lost your job as a result of the disclosure.
We can provide support and help protect your interests when you leave your job.
We know that it can be an especially difficult and emotional time if you have been dismissed from your job. On some occasions, employers might dismiss employees for unjust reasons, without following the correct dismissal process, or having forced the employee to leave their job against their will. In such circumstances, you may be in a position to bring a case for unfair, wrongful or constructive dismissal. We can help you to deal with being unfairly removed from your role.
If an employer does not have a justifiable reason for dismissing you, you may have a claim for unfair dismissal. If your employer is unable to prove that the reason for your dismissal was a ‘potentially fair reason’ (including things such as dismissal due to your capability or conduct, redundancy or your breach of your contract or any duties placed on you), then you may have a claim for unfair dismissal.
Even if your employer has a potentially fair reason to dismiss you, they are also required to follow a proper process. If you were dismissed without much of a process being followed, or if you felt that the process was in any way improper, this may make your dismissal unfair and present you with a potential claim. Similarly, if you have felt the need to terminate your employment because you feel that your employer’s conduct has not left you with any real alternative, you may again be able to bring a claim for unfair dismissal.
When you are faced with redundancy, it is entirely natural for you to feel as though this is personal and your employer is making you redundant. In reality it should be the particular job role that you hold – and not you as an individual – which is being made redundant. There could be a number of reasons for this. It may be that there has been a reduction in a particular type of work, which means that your role is no longer required, or it could be that the business is looking to restructure and do things in a different way, which means that your role isn’t needed. If you have been advised by your employer that your job role is at risk of redundancy, they are required to take you through a consultation process before coming to any final decision. We can help support you in dealing with the daunting prospect and process of redundancy.
Receiving a settlement agreement from your employer can be an overwhelming time and deciding what to do next is rarely easy. A settlement agreement is a legally binding document used by employers to set out certain terms and conditions relating to the termination of your employment. You do not have to sign a settlement agreement, and you should only enter into one if you are completely happy with its terms.
When you sign a settlement agreement you are agreeing not to bring any legal claims against your employer, most notably a claim for unfair dismissal. There are a few exceptions where you are still able to bring a claim, but the intention of the settlement agreement is to give your employer peace of mind that you will not bring a claim against them after you have left. So what’s in it for you? Usually you will receive a payment from your employer in return for agreeing not to enforce your rights. This may be tax free up to certain limits.
By law, you cannot sign a settlement agreement without first getting advice from one of a range of stated advisors, including solicitors. It is usual for the cost of obtaining such advice to be covered by your employer as part of the deal. We can provide that advice and help you to understand your settlement agreement.
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Our Employment team is composed of experienced and insightful legal experts who are committed to providing tailored advice and representation in all aspects of employment law. With a deep understanding of the complexities of workplace issues, our team is equipped to assist both employers and employees in navigating challenges, from contract negotiations to dispute resolution, ensuring your rights and interests are fully protected.