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At Employment Law Practice we provide advice to employees on the entire
range of employment law issues. Whether you are experiencing a basic
problem in related to unpaid wages or holiday entitlement, you are the
victim in a complicated case of discrimination or unfair dismissal, or you
have a legitimate grievance which is not being dealt with, we can help.
We
can provide you with advice in relation to your legal position, and, just as
importantly, using our extensive experience we can advise you of the best
course of action depending upon what you would like to achieve. For
example, we can assist with the drafting of grievance letters, requests for
time off or flexible working for family reasons, arranging adjustments to
working conditions, preparation for disciplinary proceedings, the
negotiation of severance packages, the completion of compromise agreements,
appeals against dismissal, and of course Employment Tribunal proceedings.
We have provided some information in relation to the areas of employment law
which we are commonly asked about below. If you feel that we can be of
assistance in relation to any employment law matter please feel free to
telephone or email us in the first instance. We know that employment
situations can often be sensitive and even upsetting, and for that reason we
try to ensure that our clients feel as comfortable as possible when dealing
with us.
Please remember that in our experience issues in the workplace
often have the best chance of being resolved if they are dealt with at an
early stage. For this reason, and also because Employment Tribunal
proceedings have to be dealt with within strict time limits, we always
recommend that potential clients speak to us at the earliest possible stage.
AGE DISCRIMINATION
From 1st October 2006 employees have been legally protected against discrimination on the grounds of their age. As a result of the Employment Equality (Age) Regulations 2006 employers are not allowed to treat employees less favourably because of their age unless the employer can show that this is justifiable in the circumstances. The effect of this is that employees are now entitled to protection against obvious direct discrimination, such as verbal abuse on the grounds of age or preference being given in application processes to younger or older applicants, and in addition employees are entitled to protection against policies implemented by employers which adversely affect employees of a certain age. The new law also introduces a procedure which employers must follow if they wish employees to retire. ELP Solicitors can provide advice and representation in relation to all aspects of age discrimination.
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CHANGE OF EMPLOYER
In certain circumstances employees are offered special legal protection when their employer changes. If an employee simply begins a new job with an employer which is unconnected to his or her old employer, the employee will simply start afresh. However, where there has been a “transfer of an undertaking”, for example where the employee’s old employer is taken over by another company, the employee is entitled to retain the majority of his or her existing terms and conditions. The employee is also entitled to be kept on as an employee by the new employer unless there is a good economic, technical or organisational reason for the new employer not to do so. The Transfer of Undertakings (Protection of Employment) Regulations 2006 came into force in April 2006. This is a complicated area of law on which ELP Solicitors are happy to provide advice and representation.
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COMPROMISE AGREEMENTS
ELP Solicitors are frequently consulted by clients who wish advice in relation to compromise agreements. Compromise agreements are often drawn up by employers in circumstances in which an employee’s employment is coming to an end. The employee may be redundant, or there may be an ongoing dispute which means that either the employee, the employer, or both wish to bring the employment relationship to an end. The point of a compromise agreement is usually to draw a line under the employment relationship. Typically the employee will agree to accept a sum of money in exchange for waiving any rights which he or she may have to take legal action against the employer. As a result, it is particularly important for the employee to take legal advice in relation to what he or she is being offered to ensure that it is fair and sufficient in the circumstances. Compromise agreements are not legally effective unless the employee has received advice on them from a relevant independent adviser such as a solicitor. ELP Solicitors can provide advice and representation in relation to all aspects of compromise agreements, including negotiation and completion.
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CONSTRUCTIVE DISMISSAL
A constructive dismissal situation can arise where an employer behaves badly towards an employee, and the employee feels that he or she has no option but to resign. In this situation, provided the employee meets the various legal requirements, it is possible for the employee to proceed with an unfair dismissal claim against the employer. However, it is important to appreciate that such a claim will only be successful when an Employment Tribunal is convinced that the employer has committed a material breach of contract against the employee, and the employee has resigned because of this. Constructive dismissal claims are well known to be one of the most difficult types of claims to bring. That being the case, we would encourage clients to consult with us at the earliest possible stage if they are having difficulties with their employers. This allows us to provide clients with practical advice on how to deal with problems in the workplace, and if these are not resolved reasonably we can then advise clients in relation to constructive dismissal claims. We strongly recommended that employees should not resign prior to taking legal advice.
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Employees have a contractual right to receive wages and benefits from their employer in accordance with the written (or in some cases verbal) agreement which they have reached with the employer in relation to remuneration. However, employees are also afforded special legal protection against deductions from wages. Under the provisions of the Employment Rights Act 1996, generally speaking employers are not entitled to make deductions from employees’ wages unless the employee has previously agreed to this in writing. There are exceptions to this, for example where the deduction is to take account of a previous overpayment made to the employee in error, but generally speaking employees are well protected in this area. ELP Solicitors can provide advice and representation in relation to all aspects of wages and remuneration.
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At ELP Solicitors we have a particular belief that disabled employees should be adequately protected within the workplace. In addition to the underlying principle that all employees should be treated fairly and reasonably, the Disability Discrimination Act 1995 places certain obligations on employers which are designed to promote equal opportunities for disabled employees. It is unlawful for employers to treat employees less favourably on the grounds that they are disabled, and it is also unlawful for employers to fail to make reasonable adjustments within the workplace to prevent the employee finding him or herself at a substantial disadvantage. There are a whole range of steps which employers might properly take to comply with the disability discrimination laws. These can include making physical changes to the workplace, providing employees with specialised equipment, and changing employees’ hours of work or responsibilities at work. Where disability discrimination has taken place the victim can be entitled to financial compensation including compensation for injury to feelings. ELP Solicitors can provide employees with practical advice and representation in relation to all aspects of disability discrimination.
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While there is an obvious need for employers to undertake disciplinary proceedings against employees in certain circumstances, it is important that these are conducted fairly. ELP Solicitors can provide employees with advice in relation to any disciplinary proceedings which are being taken against the employee. We encourage employees to take advice from us at an early stage in disciplinary proceedings, as we can help ensure that the employee takes all of the necessary steps to defend the disciplinary proceedings. A solid and well-constructed defence is often what is needed to bring the disciplinary proceedings to an end. In more serious cases employers are bound to follow the Statutory Dismissal and Disciplinary Procedures which were introduced in October 2004. If an employer fails to follow these procedures this can have serious consequences. For example, if an employee is dismissed without regard to the statutory procedure this can be automatically unfair.
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All employees are entitled to receive a written statement of the major terms and conditions upon which they are employed within the first two months of their employment. This written statement normally takes the form of an Employment Contract. ELP Solicitors can provide advice and representation with a view to ensuring that employees receive a written Employment Contract. We can also advise employees in relation to the terms of their Employment Contracts. It is often difficult for employees to argue successfully with employers in relation to the terms of their contracts, but there are minimum standards which employers have to meet, for example in relation to hours of work. In addition, higher level employees will often be in a stronger bargaining position, and we can assist in relation to the negotiation of satisfactory terms of employment.
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ELP Solicitors provide employees with advice and representation in relation to all forms of Employment Tribunal claims. These are wide ranging, and can involve fairly straightforward matters such as unpaid wages and failure to provide Employment Contracts, and more complicated matters such as discrimination, harassment and unfair dismissal. We are very experienced in representing employees before Employment Tribunals. Our primary aim is to achieve a satisfactory settlement of claims prior to the point at which our clients have to go through the stress and expense of the Employment Tribunal Hearing. In cases in which settlement cannot be achieved we seek to ensure that all of the relevant evidence is placed before the Employment Tribunal to give our clients the best possible chance of success. We prefer that employees contact us at the earliest possible stage if they are considering Employment Tribunal proceedings. However, we can also provide advice and representation to employees whose proceedings have already begun, provided we are given adequate notice of important dates such as Hearing dates.
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The Equal Pay Act 1970 and the Sex Discrimination Act 1975 seek to promote equality between men and women in the workplace. Sex Discrimination is dealt with as a separate topic below. In relation to equal pay, broadly speaking the legislation gives every employee a right to equal terms and conditions of employment where he or she does work that has been rated as equivalent under a job evaluation study, or where he or she can properly prove that the work they do is of equal value with that of a fellow employee of the opposite sex. The courts are prepared to imply into Employment Contracts “equality clauses” to the effect that the employer shall not treat an employee less favourably than another simply on the grounds of sex. The result is that employees can make claims for breach of contract in the Employment Tribunal and other Civil Courts to secure the right to equal pay. ELP Solicitors can provide advice and representation in relation to all aspects of equal pay and sex discrimination.
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As a result of the Employment Act 2002 and subsequent legislation employees have the right to request a change in their terms and conditions of employment to allow flexible working patterns. The intention of this kind of legislation is to promote family friendly working arrangements for employees who have children or carer responsibilities. A specific procedure has to be followed by employees who wish to request flexible working arrangements, and in turn employers are obliged to deal with such requests in a certain way. ELP Solicitors can advise employees on how to make flexible working requests, and on whether or not employers have dealt with such requests fairly and in accordance with the law. There has been concern on the part of employees that if an employer has followed the basic procedure and “considered the request” then it is very difficult to challenge the employer’s decision. However, it is important to realise that flexible working rules must be considered in conjunction with the rules on indirect sex discrimination which stem from the Sex Discrimination Act 1975. These discrimination rules place many employees in a better position to argue for flexible working arrangements. In the event that no agreement in relation to flexible working arrangements can be reached, ELP Solicitors can provide advice and representation before the Employment Tribunal in relation to flexible working issues.
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ELP Solicitors firmly believe that if an issue arises in the workplace which cannot be resolved informally, it is important to raise the issue with the employer as a grievance at an early stage. Submitting a grievance should be seen as a positive step because a reasonable employer who is confronted with a grievance will take steps to resolve the matter. Of course, some employers are not reasonable, but it remains important to follow a proper grievance procedure. If an Employment Tribunal ever has to consider a dispute it is important for an employee to be able to show that he or she has attempted to have the matter resolved by way of a grievance. Some Employment Tribunal claims, such as discrimination claims, cannot actually proceed unless a grievance has been intimated on the employer. ELP Solicitors can assist employees with the drafting and pursuit of grievances. We encourage employees to contact us at the earliest possible stage.
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Harassment in the workplace can take many forms. Generally speaking, harassment will take the form of conduct directed against a person which will make that person feel uncomfortable, threatened or vulnerable. Employees can suffer harassment from their colleagues or from employers themselves. The course of action to take in a harassment case will depend upon the circumstances, but employees are legally protected from harassment in a number of ways. Employees have the right to raise grievances against colleagues and superiors who harass them. Employees are also protected under the Protection from Harassment Act 1997. Where employees are harassed or victimised due to their personal characteristics, for example their sex or race, they enjoy additional protection under the Discrimination legislation. ELP Solicitors can provide employees with advice and representation in relation to all aspects of harassment and victimisation at work.
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An employee’s Employment Contract should stipulate the employee’s entitlement to annual holidays and holiday pay. Some employers are more generous than others in this respect. However, employees do have an underlying legal entitlement to a minimum amount of paid annual holidays. This minimum derives from the Working Time Regulations 1998. At present the minimum entitlement is not particularly generous. It amounts to four weeks paid holidays per year including statutory and public holidays. However, from October 2007 this entitlement will increase by four days, and there will be a further four day increase from October 2008. ELP Solicitors can provide advice and representation in relation to all holiday-related matters.
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As a result of the Working Time Regulations 1998 employees are entitled to legal protection in relation to the hours which they work and the rest time or breaks which they receive between and during working days. Generally speaking, employees cannot be forced to work more than an average of 48 hours per week on an ongoing basis. Employees are also entitled to a minimum break time of 20 minutes over the course of every six hours of continuous work. Employees are also entitled to adequate rest times between shifts. ELP Solicitors can provide employees with advice and representation in relation to working hours in all kinds of businesses.
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Employees who suffer from ill health can find themselves in a difficult employment position. Employers will often take steps to bring an employee’s employment to an end if they believe that the employee is unable to fulfil their current role. However, employers are under a legal obligation to behave reasonably towards employees in this respect. Some employees also enjoy special protection under the Disability Discrimination Act 1995 which is dealt with under a separate heading above. In certain circumstances employers will be obliged to consider making changes to an employee’s role to allow the employee to return to work. Employers can also be obliged to make physical changes in the workplace, to provide suitable equipment, and to deal with ongoing issues in the workplace, if these will assist the employee. Employers must refrain from making decisions too early. They must wait a reasonable time before dismissing employees who suffer from ill health, and they must not do so if there is a reasonable prospect of the employee returning to work within a manageable timescale. ELP Solicitors can provide advice and representation to employees who suffer from ill health, and, where necessary, we can make arrangements to visit clients at their home if that is more appropriate.
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In recent years family friendly legislation has resulted in an increase in parental rights enjoyed by employees. In addition to maternity rights and the right to request flexible working arrangements (both of which are dealt with as separate topics), employees can be entitled to parental leave, paternity leave and time off to deal with family emergencies. ELP Solicitors can provide advice on all parental rights enjoyed by employees.
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Employees enjoy various legal rights both during and following pregnancy. For example, during pregnancy employees are entitled to paid time off to attend ante-natal medical appointments. Employers are obliged to take reasonable care for the health and safety of pregnant employees. Of course, employees are entitled to begin maternity leave prior to their expected date of childbirth. Employees are entitled to take 26 weeks ordinary maternity leave, and a further 26 weeks additional maternity leave. Employers have different terms and conditions in relation to pay while on maternity leave. As a minimum statutory maternity pay is payable, and the statutory maternity pay period has recently increased to 39 weeks. Other than remuneration, the majority of employees’ contractual benefits continue during ordinary maternity leave, and employers are obliged to do all that they reasonably can to ensure that employees returning from maternity leave can return to their original roles. Of course, employees whose family circumstances change are entitled to request flexible working arrangements. This is dealt with as a separate topic above. ELP Solicitors can provide advice and representation to employees on all employment matters relating to pregnancy and maternity.
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Employees in the United Kingdom are entitled to receive a minimum wage. For employees aged 22 and over the current national minimum wage rate is £5.35 per hour. For employees aged between 18 and 22 the current national minimum wage rate is £4.45 per hour. These rates are reviewed regularly. Despite the law on the national minimum wage certain employers in the UK do persist in paying employees at a lower rate, and foreign employees can be particularly vulnerable to this. ELP Solicitors can provide advice and representation in relation to the national minimum wage and all other matters relating to pay and remuneration.
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Employees are entitled to receive notice if their employer wishes to terminate their employment. The length of notice which employers are obliged to give depends upon the length of service of the employee in question. Some employees’ contracts of employment will contain generous notice provisions. Otherwise the statutory minimum periods of notice apply. Employees with between four weeks’ and two years’ continuous service are entitled to a minimum of one week’s notice. Employees with more than two years’ continuous service are entitled to one week’s notice for every year of service up to a maximum of 12 weeks’ notice. Employees are also obliged to give employers a minimum of one week’s notice if they are resigning. As far as notice pay is concerned, employees are entitled to receive pay during their notice periods as normal. Employers will often retain the right to place employees on leave during their notice periods, or to bring the employment to an end early, but employees will retain the right to notice pay in those circumstances. ELP Solicitors can provide advice and representation in relation to all aspects of notice and notice pay.
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As a result of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 part-time workers have a specific legal entitlement to be treated no less favourably than comparable full time workers who undertake substantially the same kind of work within the business. This rule applies to rates of pay, bonuses, shift allowances, sick pay, holiday entitlement and other benefits. The effect of the rule is that salary and benefits should be given to part-time staff on a proportionate basis to those given to full-time staff depending upon hours worked. Where they are not, employees have the right to raise grievance and Employment Tribunal proceedings. ELP Solicitors can provide advice and representation in relation to all issues arising from part-time work.
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The law concerning racial discrimination is governed primarily by the Race Relations Act 1976. In general terms it is unlawful for employers to treat employees and prospective employees less favourably on racial grounds, for example because of employees’ colour or race, or ethnic or national origins. It will also generally be unlawful for employers to apply requirements or conditions to employees, for example in relation to clothing or hours of work, which present more difficulties to one racial group than another. The circumstances in which discriminatory treatment can be justified are limited. The Race Relations Act 1976 also offers employees protection against racial harassment, and from victimisation resulting from the fact that employees have made a complaint in relation to racial discrimination. Employees should be aware that in relation to racial discrimination matters a legal remedy can lie against both the employer and the particular perpetrator of the discriminatory act. Where racial discrimination has taken place the victim can be entitled to financial compensation including compensation for injury to feelings. ELP Solicitors can provide employees with advice and representation in relation to all aspects of racial discrimination.
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Employees can be made redundant where an employer’s business circumstances are such that they no longer require employees of a particular type, where they have too many employees of a particular type, or where a particular workplace is closing down. However, where an employer is considering redundancies the employer is obliged to follow proper procedures, and to behave fairly towards individual employees. Employers should only make employees redundant where they have properly considered the alternatives, including possible alternative employment for employees, which could avoid the need for job losses. Essentially redundancy should be a last resort. Where employers are selecting individuals for redundancy they must do so using fair and objective criteria. Employers should decide which employees will remain with the business depending upon which employees are of most future value to the business, rather than on more subjective criteria such as whether or not the employee’s manager likes or dislikes the employee. ELP Solicitors can provide advice and representation on all matters relating to redundancy, including redundancy pay, notice periods, redundancy consultation procedures, unfair selection for redundancy and unfair dismissal.
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Since December 2003 it has been unlawful to discriminate against employees and prospective employees on the grounds of religion and belief as a result of the Employment Equality (Religion or Belief) Regulations 2003. In general terms it is unlawful for an employer to treat an employee or prospective employee less favourably on the grounds of the employee’s religion or belief, and it is also unlawful for an employer to apply an unreasonable condition on an employee which places that employee at a disadvantage as a result of the employee’s religion or belief. The legislation also protects employees from harassment in the form of unwanted conduct which has the purpose or effect of violating the employee’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for the employee. Employees are also protected from victimisation in the form of less favourable treatment by the employer because the employee has raised an issue relating to religion or belief. ELP Solicitors can provide advice and representation on all matters relating to religion, belief and the workplace.
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At ELP Solicitors we provide advice on a daily basis in relation to severance packages. Severance packages are often negotiated when either the employee, the employer or both feel that the employment relationship should come to an end, but that this should involve some kind of financial package. Financial packages of this kind can cover salary, notice pay, compensation for loss of employment or office, redundancy pay, and payment in respect of various other matters including non- competition clauses and confidentiality clauses. As a result of our experience in dealing with severance packages and Employment Tribunal claims we are in a position to give expert advice on whether or not severance packages being offered are satisfactory or unreasonable. Severance packages will often take the form of compromise agreements, and we are qualified to sign these off as “relevant independent advisers”. We can provide advice and representation in relation to all aspects of severance packages, including negotiation and completion.
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Under the Sex Discrimination Act 1975 it is unlawful to discriminate against employees and prospective employees on the grounds of their sex. The effect of this is, for example, that employers should not give unfair preference to men or women, on the basis of their sex, at any stage in the employment relationship. This includes the job application stage, interviews, terms and conditions offered to employees, and promotions. It is also unlawful for employers to impose an unreasonable condition, for example on a woman, which the employer would also impose on a man, but which is more to the detriment of woman generally than it would be to men. An example of this “indirect discrimination” would be an unreasonable insistence that all employees work full-time. The legislation also provides employees with separate protection from harassment. In this context harassment can take place where an employer subjects a woman to unwanted conduct which has the effect of violating her dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for her. Employees are also protected from being victimised because they have raised a sex-related issue in the workplace, or because they have rejected some kind of sexual advance. Employees who are victims of sex discrimination, harassment or victimisation are entitled to make Employment Tribunal claims against both the employer and the individual perpetrator of the act. Employment Tribunals have jurisdiction to award financial compensation in these respects, including compensation for injury to feelings. ELP Solicitors can provide employees with advice and representation in relation to all aspects of sex discrimination, harassment and victimisation in the workplace.
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Since December 2003 it has been unlawful to discriminate against employees and prospective employees on the grounds of their sexual orientation as a result of the Employment Equality (Sexual Orientation) Regulations 2003. In general terms it is unlawful for an employer to treat an employee or prospective employee less favourably on the grounds of the employee’s sexual orientation. The legislation also protects employees from harassment in the form of unwanted conduct which has the purpose or effect of violating the employee’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for the employee. Employees are also protected from victimisation in the form of less favourable treatment by the employer because the employee has raised an issue relating to sexual orientation. ELP Solicitors can provide advice and representation on all matters relating to sexual orientation and the workplace.
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Employees are entitled to time off work in a variety of circumstances. Whether the time off is paid or unpaid will depend upon the terms of the employee’s contract of employment, and also the legislation which governs the type of time off work that is being taken. Employees can be entitled to time off work when they are sick, when they are pregnant, when they have family responsibilities, and when exceptional circumstances arise such as citation to court or jury duty. ELP Solicitors can provide full advice in relation to employees’ rights in these circumstances.
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Unfair dismissal is the most common type of claim made in the Employment Tribunal. The current law in relation to unfair dismissal is contained primarily in the Employment Rights Act 1996. At ELP Solicitors we have a great deal of experience in advising and representing employees in relation to unfair dismissal. Before an Employment Tribunal will accept a dismissal as fair, the employer must be in a position to demonstrate that proper procedures (including the recently introduced Statutory Dismissal Procedures) have been followed, and that dismissal is a reasonable response to the employee’s conduct. Generally speaking employees should not be dismissed unless they have committed an obvious act of gross misconduct, where they have received a number of similar warnings previously, or where they have been put on fair notice that the conduct in question is likely to result in dismissal. In relation to performance issues, employees should always be given the chance to improve their performance and should be given assistance and training where appropriate. Where employees have been unfairly dismissed, Employment Tribunals have jurisdiction to award compensation, principally by reference to what the employee has lost as a result of being dismissed. ELP Solicitors can provide employees with advice and representation on all matters relating to unfair dismissal, including preparation for disciplinary hearings, preparation for appeal hearings, negotiation of severance packages, and applications to Employment Tribunals.
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Employees have a general right not to be victimised by employers. In addition, as a result of the various pieces of anti-discrimination legislation referred to above, employees have specific rights not to be victimised because they have raised issues with their employer in relation to matters such as sexual equality, racial equality, disability, age equality, sexual orientation, and religion and belief. This protection applies both to employees who feel that they have been the victim of discriminatory treatment, and other employees who have been involved as witnesses in internal proceedings. ELP Solicitors can provide advice and representation to all employees who believe that they have been victimised in the workplace.
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Employees are of course entitled to be paid for the work that they do for employers. The amount of payment that employees are entitled to receive will depend upon the terms of their Employment Contract or other agreement with the employer, although this can be overridden by the National Minimum Wage legislation if the employer has not offered to pay enough (this is dealt with under a separate heading above). Where employees do not receive their proper wages they are entitled to make claims before the Employment Tribunal in respect of unlawful deductions from wages and breach of contract. ELP Solicitors can provide employees with advice and representation on all issues relating to wages.
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0131 554 8649
0131 554 8648 
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