Disputes with an Employer

(Please note, if you are an employer, please see our Commercial web site)

Employees – know your rights

It is wise to seek advice when you foresee a problem looming rather than when it has already happened and you have been dismissed from your employment.

We can also advise you on how best to deal with difficulties at work when your job security does not appear to be actually an issue.

If you are unlucky enough to be dismissed do remember that you only have three months from the date of dismissal in which to lodge a claim with the Employment Tribunal for unfair dismissal and six months from the date of dismissal for a claim for Redundancy otherwise you will be prevented from making a claim.

Do also remember that the qualifying period for making a claim for Unfair Dismissal is 12 months and 2 years for Redundancy. We will notify you of any change to this brought about by European Law.

If you are seeking advice on discrimination of whatever nature there is no qualifying period for making a claim.

If you are dismissed we will advise you to exercise any internal right of appeal against dismissal that is available to you, but you should not delay making your claim to the Employment Tribunal within the three months time limit, whilst any internal appeal is still proceeding.

Claims for unfair dismissal fall into two parts, the basic award and the compensatory award. How much you will be entitled to will depend on the facts of your individual case. You first have to establish that you were dismissed and secondly that your employers acted unfairly in taking that action.

Constructive dismissal is where they put you in a position where you are left with absolutely no alternative but to resign. Wherever possible we would always advise employees against resigning because if they are to be successful in the claim they first have to establish that they have been dismissed.