Are you looking for legal assistance with an employment law issue? You’ve come to the right place. Chadwick Lawrence are the specialists in employment law. And, when it comes to standing up for your employment rights, we’re in your corner.
Many employment problems or disputes can be resolved informally, but not always. Which is why you need to know what your employment rights are, and how to achieve the best result.
Our employee law services specialists are a team of experienced solicitors who offer a personal, and professional service, with pragmatic legal advice on all areas of employment law, ensuring that you get the best possible outcome.
They also understand the devastating impact an Employment Dispute can have on your everyday life, and are here to guide you through it, and help resolve it as quickly as possible.
Get in touch to discuss how we can help you today.
Fair dismissal following a refusal to return from maternity leave
In the recent case of Parsons v International Forest Products (UK) Limited the tribunal held that Ms Jowita Parsons (“the Claimant”) claims for unfair dismissal, indirect discrimination and pregnancy and maternity discrimination against International Forest Products (UK) Limited (“the Respondent”) should be dismissed. The Claimant was employed by the Respondent as an import coordinator from…
The application fee for the majority of UK visa applications is set to increase next month. A 15% increase will apply to: application fees for visit visa routes (save for visits for up to 2-years, where a 6% increase will be applied; and, application fees for all work visa routes (for example, Skilled Worker and…
In the recent case of Miss Amanda Fischer v London United Busways Limited [2300846/2021], the tribunal heard claims relating to the use of slurs in the workplace and whether they were gender specific which were pleaded as gender re-assignment discrimination. Miss Amanda Fischer (the Claimant) was engaged by the Respondent (London United Busways Limited) as…
Pregnant employees are protected under the Equality Act 2010. Under the Act, you cannot be treated less favorably on the grounds of being pregnant.
This means that if your employer is denying you career progression because of your pregnancy, you can bring a claim against them for pregnancy discrimination. If you feel like you have to resign because of discrimination, you may also be able to claim, ‘constructive dismissal’.
If you feel as though you are being denied career progression because of pregnancy, you should keep a record of any relevant events, evidence or potential witnesses. You can then raise the problem, either informally or through your employer’s formal grievance procedure. If internal resolution does not work, you can make a claim to an employment tribunal.
Before you decide to take your employer to an employment tribunal, or to resign from your job because you feel you have been discriminated against, you should seek legal advice. There are set time frames for bringing a claim to Tribunal and specific rules about what qualifies as ‘constructive dismissal’ which a solicitor can advise you of.
If an Employment Tribunal finds that you have been discriminated against by your employer, you may be entitled to financial compensation. Compensation in discrimination claims is ‘uncapped’, which means that there is no statutory maximum for the amount that you can be awarded. Financial compensation may cover:
• Financial loss which has been incurred at the time of tribunal, or in the future e.g. compensation for loss of earnings if you lost your job as a result of discrimination.
• Injury to feelings, regardless of whether you suffered financial loss, for the hurt suffered from the discrimination.
• Compensation for personal injury if you have suffered an injury as a result of discrimination e.g. an employee developing PTSD as a result of discrimination.
• A ‘statutory uplift’ – a compensatory increase in the award if an employer failed to follow the ACAS Code of Practice (between 10 and 25%).
As well as providing financial compensation, an Employment Tribunal may order an alternative remedy, such as making recommendations or ordering your employer to reinstate you.
If you think you have been fired for something you didn’t do, you can challenge your employer’s decision. You can do this in one of two ways:
1. Appealing through your employer’s appeal process.
2. Making a claim to employment tribunal for ‘unfair dismissal’
If you make a claim to an employment tribunal, you must have worked for your employer for more than two years and you must be classed as an Employee. You must also commence ACAS Early Conciliation within three months less one day of your dismissal which stops the clock on your limitation. Thereafter, you will have at least one month after ACAS Early Conciliation has completed to issue a claim.
If you do believe that you have been unfairly dismissed for something that you didn’t do, speak to an advisor.
If the harassment is related to a protected characteristic, you could claim harassment at an Employment Tribunal. There is no statutory limit on payouts for harassment claims.
Making a complaint about harassment is a “protected act”.This means that if you are treated negatively because you complained about harassment, you could be deemed to be “suffering a detriment”. If you think that you have suffered a detriment as a result of a protected act, you could potentially have a claim for victimisation.
If you feel that you have been effectively forced to resign because you have suffered harassment or victimisation at work, you may also be able to claim constructive dismissal.
However, there are specific limitations on claims that you can make for harassment, victimisation and constructive dismissal. If you do experience harassment and your employer fails to act on it, you should engage with a legal advisor to advise you on your options.
If you feel confident, you can first raise the issue with the staff member who you think has bullied you. Explain to them what they did, and how it made you feel. If you don’t feel confident enough to do this by yourself, you could speak to someone else at work, or to a union representative.
If they do not accept how their behavior has made you feel, they continue with their behavior, or if you do not feel confident enough to raise the issue directly with them, you should raise their behavior with your manager or a member of HR and see if you can resolve the issue informally.
If you cannot resolve the issue, or the bullying is too severe to be resolved informally, you should refer to your employer’s grievance procedure.
If your employer does not handle the grievance effectively, you have the right to appeal. If, after the appeal, they still do not take steps to prevent you from being bullied by the senior staff member, you may be able to bring a claim to an employment tribunal.
You cannot make a claim directly for “bullying” on its own. However, if you feel that you have no other choice but to resign because of the bullying, you may be able to claim ‘constructive dismissal’. There are strict limitations on claiming constructive dismissal, so if this is something that you are considering doing, you should speak to a legal advisor.
If the bullying is connected to a protected characteristic, such as race or gender, you may be able to make a claim for harassment. As with a constructive dismissal claim, there are strict time constraints to making a harassment claim, so you should consult a legal advisor.
Under the Equality Act 2010, employers are required to make “reasonable adjustments” for disabled employees.
What is a “reasonable” depends on each individual situation. It depends on if the adjustment is practical, if it is affordable, if it could harm the health and safety of others and if it will actually reduce or remove the disadvantage.
If your employer fails to make reasonable adjustments, you could potentially claim disability discrimination for “failure to make reasonable adjustments”.
Take a look at your employment Contract and Company Handbook. If your Contract or Handbook stipulates that your employer is required to reimburse you for expenses, and they refuse, this amounts to a breach of contract.
At this point, engage with a legal advisor. They can advise you on your next steps. You could potentially claim Constructive Dismissal if the failure to pay expenses is classes as a “fundamental” breach of contract and effectively forces you to resign. They could also advise you on potential breach of contract claims, either at an Employment Tribunal or at a civil court.
First, exhaust your Employer’s grievance procedure. Depending on the severity of the accusation, you may first pursue the grievance informally, or through a formal grievance procedure.
If your employer fails to take your grievance seriously or to take appropriate action, and you have appealed their decision to no avail, you may have grounds to claim Constructive Dismissal.
If the harassment is related to a protected characteristic, you could claim harassment at an Employment Tribunal. There is no statutory limit on payouts for harassment claims.
Making a complaint about harassment is a “protected act”. This means that if you are treated negatively because you complained about harassment, you could be deemed to be “suffering a detriment”. If you think that you have suffered a detriment as a result of a protected act, you could potentially have a claim for victimisation.
If you feel that you have been effectively forced to resign because you have suffered harassment or victimisation at work, you may also be able to claim constructive dismissal.
However, there are specific limitations on claims that you can make for harassment, victimisation and constructive dismissal. If you do experience harassment and your employer fails to act on it, you should engage with a legal advisor to advise you on your options.
