There are many situations where an employment solicitor could provide both employers and employees with some much needed legal assistance. Because employment is such a large part of our collective lives and because it is such a complex and technical area of UK law, it is not surprising that people are not always aware of their statutory rights or obligations that they have under UK employment law. Disputes and complaints can arise out of the fact that over 40 million UK citizens go to work everyday, it is possible to differentiate four main types of cases that employment solicitors can help with. |
Claims of discrimination by employees who feel that they have been subjected to discriminatory behaviour in the form of bullying, victimisation, and harassment are a common type of employee grievance. It is a statutory, and some would argue moral, right of every employee in the UK to work in an environment that is free from discrimination. Employers also have a statutory duty to make sure they try and eliminate discrimination in the work place.
Discrimination can take the form of behaviour that focuses on an individual's race, gender, or any disability they might have. Discrimination can be very harmful to people's physical, emotional and mental wellbeing. An employment solicitor would help advise an individual on what action they need to take to try and stop this terrible injustice.
Another common form of employment disputes that employment solicitors regularly wade into are cases involving claims of wrongful dismissal. An individual has been unfairly dismissed if the employer breaches the employment contract, does not follow proper procedure or use discrimination in the dismissals. An employment solicitor will be able to advise an employee on the best way to fight for compensation or reinstatement in the Employment Tribunal.
Related to unfair dismissal are unfair redundancies. A redundancy is considered unfair if the process used for employee selection is not clear and objective, if employees are not consulted properly or if no notice was properly given. Failure or refusal to pay redundancy payments is also considered the mark of an unfair redundancy. An employment solicitor will be able to represent an employee in the hearings of the Tribunal.
The final most common form of employment dispute is claims by either side of a breach of contract. This is where the provisions set out in the employment contract are considered broken by one party and that, therefore the contractual relationship itself is broken. This kind of disputes can involve claims of unequal pay or failure to meet the minimum wage. It can also involve continual health and safety or disciplinary breaches by one side. Employment solicitors would advise both parties on their standing under UK employment law and the options that are available to them.
While these are the most common forms of cases and claims that an employment solicitor could provide assistance. There are, however many more and anyone who thinks that they have been treated unfairly in the workplace should contact an employment solicitor for advice immediately.
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