If you are a UK employee and feel like you have been treated unlawfully at work then it is advisable to seek legal advice as soon as possible. An employment law solicitor will be able to help you with your problem and advise you as to what claims you might be able to make. If you do have a claim against your employer, the solicitor will proceed to advise you on whether or not it is worth following up and what the next stage in the process will be.
You will need to be prepared to provide your solicitor with the following details:
- Length of time you have worked for your employer
- How much you earn
- Your Job Description and Contract of Employment
- Details of your problems at work
- What events have led to your current situation
- Any relevant documents that you have or that are not in your possession
- What you have done so far to try to resolve the matter
RESOLVING PROBLEMS INTERNALLY.
If possible you should try to sort out your problem through internal company grievance procedures to allow matters to be sorted out quickly.
This also makes it more likely that an employment tribunal will hear your claim if you have tried to resolve the matter internally. You can either do this directly or we will write to your employer on your behalf.
If you can reach an agreement with your employer without going to a tribunal, this can be recorded in a "compromise agreement". This is a legal document which confirms the terms of the settlement you have agreed, in exchange for which you will give up your legal claim against your employer.
EMPLOYMENT TRIBUNALS.
If you are unable to resolve matters internally, it may be necessary to take your case to an employment tribunal.
If you do take matters to an tribunal, there is normally a three month deadline from the date of the events you are complaining about. Under certain circumstances this can be extended, for example if your claim concerns redundancy payments, in which case you have six months to lodge the claim with a tribunal.
The employment tribunal is composed of one employment law specialist, i.e. a judge or a lawyer, and two lay members whom will have specific experience of employment issues.
The employment tribunal will look at the merits of your case along with any evidence to determine whether they think it is justifiable in law to bring the claim against your employer.
They will take into consideration what policies/procedures your employer has for dealing with problems at work, what steps you and your employer have already taken to try to resolve the problem and you and your employer's behaviour throughout the time you were employed.
Most case hearings will be finished in one day. Conclusions are reached via a majority decision and are normally announced to both parties straightaway.
In cases of unfair dismissal, tribunals have the authority to enable you to either get you reinstated in your job or to order a compensatory award.
UK employers don't always understand employment law and often fail to stick to proper procedure or to properly compensate their employees from losing their job. A good compromise agreement solicitor will be able to negotiate with your employer with the mutual aim of resolving the dispute, meaning that neither party will have to attend an employment tribunal - in many cases such a compromise agreement will enable a higher compensation payout than from a tribunal, especially when considering the reduction in legal fees. Any employee who has been dismissed, should always seek the advice of experienced employment law solicitors before taking any action or signing any agreement.