Employment law advice for employees
Unfortunately no matter what job you as an employee have or who your employer is things can sometimes
go wrong at work. Our specialist employment law solicitors have
a wealth of experience of advising trade unions and individual
employees at all levels. We are recommended in both the Legal
500 and in Chambers & Partners’ “Best of the UK”
for employee / union work. We are regularly instructed in cases that set precedent
in the Employment Appeal Tribunal, the Court of Appeal and House of Lords.
Jacqui Parker recently represented an employee in a successful claim for constructive
unfair dismissal and breach of contract. The claim arose as a result of the employer’s
refusal to pay the employee the salary he was due under his contract of employment.
The employee raised a statutory grievance in respect of the employer’s failure to
pay the correct salary but his employer still refused to pay the sums due and failed
to follow the statutory grievance procedure. The employee resigned in response to
the employer’s treatment of him. Simpson Millar issued a claim for unfair dismissal
and breach of contract.
In March 2008 the Tribunal awarded the employee the statutory maximum amount of
compensation (£58,400 maximum at time of dismissal) for the unfair dismissal claim.
In addition, owing to the employer’s failure to follow the statutory grievance procedure,
the Tribunal applied 40% uplift to the claim for unpaid salary which resulted in
a further award of £9,400.
What can we help with?
Our employment law solicitors can help you with any issues that arises under employment law such as:
- compromise agreements
- bonus and commission disputes and other contractual claims
- employment tribunal claims for dismissal or discrimination (sex, race, disability,
sexual orientation, religion and age)
- constructive dismissal
- negotiated severances
- disciplinary, grievance and capability procedures
- harassment and victimisation
- equal pay
- pensions
- redundancies
- restrictive covenants and protection of confidential information
A Mother wanted to return to work half time after her maternity leave so that she
could look after her new baby. She made a request to her employer which was refused.
She then lodged a grievance, which was turned down, and made a request for unpaid
parental leave, which was not addressed. As she found it impossible to work the
hours required by her employer and look after her son, she resigned. She then sought
our advice and we made claims to the Tribunal on her behalf, including indirect
sex discrimination and constructive unfair dismissal. Following negotiations, the
employer offered to re-engage her on half time hours (although by that time she
had been offered another job which she decided to accept) and to pay compensation
for her lost pay since her resignation.
(Note: Any woman in this situation should seek legal advice on other options before
resigning as it may not be the best course of action and may make her position worse.)
Remember that time limits are short for many employment claims
so you should seek legal advice as soon as possible.
We offer:
- highly competitive charge-out rates, without any compromise in the quality of our
work, and
- a range of funding arrangements including conditional or contingency fee agreements
in suitable cases
Check your insurance policies!
It is always useful to check your household or other insurance policies as you
could have legal expenses cover. Read our article on funding your employment law case through your insurance policy for further information.
Any employee who thinks their employer has breached their rights
please contact our employment law team now. You can use our free, no obligation,
online enquiry form and we will call you back or you can call us directly
on 0844 858 3400.
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