Employment Law
The field of Employment Law is a complex one and our experience at Ritchie Neill allows us to offer advice and help for the following areas; Unfair Dismissal Redundancy Sex/Race/Disability Discrimination Compromise Agreements Pregnancy Dismissal Sexual Harassment Breach of Contract Employment Tribunals If you feel you have been mistreated or discriminated against please offer some preliminary information to our team of experienced Employment lawyers in the form below. All information is dealt with in the strictest confidence.
1 I have been unfairly dismissed. Can I make a claim?
If you have been sacked, your employer must have followed a certain procedure otherwise the dismissal is unfair. The employer must have put the allegations to you in writing, had a meeting with you to discuss the allegations and given you an opportunity to tell your side of the story and must offer you a right of appeal against dismissal. The employer should also have carried out an investigation into the allegations against you. If the employer hasn’t followed such a procedure, you will be able to make a claim. The employer doesn’t have to prove the allegations against you but only has to demonstrate that it was reasonable to believe that the allegations are true. So if you prove your innocence at Tribunal, it may not be enough for you to win the case.
2 I have been unfairly selected for redundancy. Can I make a claim?
If you are selected for redundancy the employer must a) give you as much notice as possible b) use an objectively fair selection process c) consider alternative employment for you within the company otherwise the dismissal may be unfair.
3 I have been sacked while off sick. Can I make a claim?
An employer is entitled to sack you while you are off sick but only if he follows a fair procedure. If you have been absent from work a lot because of illness, an employer should ask you for permission to write to your doctor and if your doctor confirms that your absences are likely to continue, the employer can terminate your employment without you having any remedy.
4 I don`t have an employment contract? What can I do about that?
The law requires an employer to give you a written contract. If you do not have one, you should ask for one and keep a copy of any letters, memos or e mails you send requesting a contract. You can make a breach of contract claim to the Employment Tribunal to compel your employer to give you a contract.
5 My employer is trying to sicken me to force me out of the door. What can I do?
Hassle at work is difficult to deal with. The larger the organisation, usually the better the systems are for dealing with problems at work. In the first instance, you can raise the informally matter with your line manager (but always keep a record of anything you do). If the problems can`t be dealt with informally you take implement a grievance procedure by putting your complaint in writing to your employer who should then arrange a meeting with you to discuss and hopefully resolve the problem. If the employment relationship breaks down, normally your future with the company is bleak. If you cannot resolve matters with your employer you should not resign if you are thinking of taking matters further. You should look for another job and contact us for advice.
6 Is there a time limit for making a claim to the Employment Tribunal?
You have a three month time limit from the date of dismissal if you have lost your job or, if you are still employed, the time limit is three months from the date of the act complained of eg sexual harassment, race discrimination, sex discrimination etc.
7 How long do I have to have been employed before I can make a claim to the Employment Tribunal?
One year in dismissal cases There are exceptions and you can make a claim to Tribunal if you have less than one year`s service if you are sacked because you are pregnant or because of your race, sex, sexual orientation, religion or for a health & safety reason.
8 What is constructive dismissal?
Constructive dismissal arises where you resign but the law allows you to make a claim for unfair dismissal because you had no alternative. If you resign, to win a constructive dismissal claim you must prove a material breach of contract on the part of your employers ie they made it impossible for you to continue working – examples would be that your wages are cut or that you are suddenly forced to work longer hours or at weekends. It has to be something important not merely a trivial change.
9 Is there anything I must do before I take the case to an Employment Tribunal?
If you are still employed, you must implement a grievance procedure otherwise the Tribunal will not register your claim. You are required to put your complaint in writing to your employer and only to apply to Tribunal if the employer ignores your grievance or doesn`t deal with it satisfactorily.
10 What do I need to prove to win my case?
If you make a constructive dismissal case, you must prove that your employer breached your contract in a material way. If you are sacked, the onus is on your ex employer to show that to sack you was a reasonable decision to make. He must prove that the working relationship is so damaged that he cannot continue to employ you.
11 How much will I get if I win my case?
There are two parts to an unfair dismissal claim. You can claim a BASIC AWARD which is the equivalent of a redundancy payment and, depending on your age, is normally £270 for every complete year of employment. If you are claiming unfair selection for redundancy, you will not be able to caim a basic award as you will have already been given redundancy pay. The second part of a successful claim is the COMPENSATORY AWARD. If you are unemployed after dismissal and can show the Tribunal that you have been trying to find a job, you can claim your loss of earnings. For example, if you are out of work for a month and you find another job on the same pay as you were on before dismissal, the Tribunal will award you a month`s pay. If you are still unemployed at date of Tribunal and you can persuade the Tribunal that it will take you some time to find a job, they may award you future loss of earnings.
12 Will I have to attend a Tribunal hearing?
Most cases settle without going to Tribunal. Usually a settlement is negotiated through ACAS and only about 10% of case actually reach a full Tribunal hearing.
13 My boss treated me really badly, can I claim compensation for injury to my feelings?
No. You cannot claim compensation for being badly treated in unfair dismissal claims. You can claim compensation for injury to your feelings in cases of race or sex discrimination or pregnancy dismissals.
14 I haven’t been paid my bonus this year. What can I do about that?
If the bonus is part of your contract either in writing or by custom and practice, you are legally entitled to it. If it is discretionary, you cannot make a claim. If everyone else is paid a bonus and you are not, you may be able to argue that your employer has breached your contract and claim constructive dismissal. You must lodge a grievance first if you wish to take the matter further.
15 I was unfairly sacked on the basis of false allegations against me. Will the Tribunal clear my name?
No. The job of the Tribunal is to decide whether or not the decision to dismiss you was reasonable not whether you did what you were accused of. The Tribunal might decide that you didn`t do what you were accused of but that the sacking was still fair. It is not the job of the Tribunal to clear the name of the falsely accused.
16 What happens at Tribunal?
Both sides get a chance to tell their side of the story and to bring along any witnesses to support their case. The employer usually brings the person who carried out the investigation, the person who sacked you and the person who heard your appeal. You can also bring along any documents to support your case (employment contract, copies of correspondence, minutes of meetings etc)
17 I don`t want to go to Tribunal. Can I just send a letter setting out my case?
You can but you will almost certainly lose if your employer attends. Unless the employers case is patently flawed, the Tribunal will accept the evidence of the witnesses who attend and will reject your evidence unless you are there to give it in person.
18 I want some of my ex colleagues to attend to give evidence but they don`t want to get involved in case they lose their jobs, can I do anything about that?
You can get an Order from the Tribunal to compel the witnesses to attend providing you can satisfy the Chairman that the evidence they will give is important to the case. However, a reluctant witness, while they must tell the truth, is rarely of any help to your case.
20 Who sits on the Tribunal?
The Tribunal is made up of three members – a Chairman who is legally qualified and two lay members, one of whom has a Trade Union background and one who has an employer`s background.
21 How long does the whole process take?
Normally about six months although if you go to a Tribunal it can sometimes take a further six to eight weeks before you receive a written judgement from the Tribunal telling you whether or not you have won and how much you have been awarded.
22 How do I get my money?
If the Tribunal issues a written judgement making you an award, the employer has a further six weeks to pay. Most employers pay within that time but, if not, you have to ask the Tribunal for an Order for payment and then pay a Sheriff Officer to try and recover the money for you. If you ex employer goes out of business or ceases to trade or goes into receivership, the chances of getting anything are fairly slim.
23 Can I be found liable for expenses if I lose?
Normally no. However the Tribunal has the power to award expenses if one side behaves unreasonably or tries to pursue a clearly hopeless case.
