EMPLOYMENT DISPUTE RESOLUTION

English law provides protection against unjust treatment including discrimination, unfair dismissal, unfair redundancy and harassment. Working environments, hours and wages are also regulated by law but unfortunately these regulations are not always followed. Anyone subjected to unjust treatment or illegal working conditions is entitled to seek justice and compensation. Specialist employment dispute solicitors can also help recover unlawful financial losses such as unpaid wages.

This website contains information on legal rights and offers guidance on what you can do if your rights have been broken. However these are only guidelines. If you believe you have been treated illegally, you need specialist advice to find out your rights and your options should you choose to take legal action.

The employer’s responsibilities have recently increased. Guidelines covering employment disputes came into force at the start of October 2004.

All employers are now legally required to provide a minimum formal procedure for dealing with grievances, dismissal and disciplinary action. The law aims to ensure employees can swiftly tackle issues of injustice using agreed means of communication. It also provides employers with a structured system for dealing with emotive issues.

Failure to raise the complaint in line with company policy can significantly damage an employee’s rights in future legal action. A tribunal may reject a claim if the matter was not handled correctly from the outset. Even when an employee wins a claim, compensation can be reduced by as much as half if they did not follow formal procedures, however, compensation can be increased significantly in a successful case where an employee can show the employer was guilty of failing to use correct procedures.

The process of raising a complaint at work can be complicated. The October 2004 legislation introduced a series of new directives. For example, employees must now write to the employer about the problem and wait at least 28 days for a response before making a claim. It is important to comply with legal requirements at all stages. Specialist solicitors can provide fully up-to-date free advice on the latest grievance procedures.

Employers should seek legal advice to ensure company practice keeps up to speed with modern legislation. A business with effective procedures for employees is best protected from legal action. ACAS offer useful guidelines on the “Code of Practice on Disciplinary and Grievance Procedures”.

Workplace maltreatment can be a confidence sapping experience. Employees can feel intimidated and unsure about challenging those responsible for illegal behaviour or conditions. The necessary formality of employment dispute negotiation can add to a victim’s discomfort. Practical support is available from unions, the Citizens Advice Bureau, and specialist solicitors. The Advisory Conciliation and Arbitration Service (ACAS) is another helpful service. ACAS mediators work with everyone involved to try to find a solution satisfactory to everyone, without a tribunal hearing.

We are able to offer a wide range of employment law advice including :-

• unfair dismissal
• constructive dismissal
• redundancy
• racial discrimination
• sex discrimination
• racial harassment
• sexual harassment
• disability discrimination
• workplace bullying law
• compromise agreements
• age discrimination
• victimisation
• equal opportunities
• discrimination through pregnancy
• transfer of undertakings
• working time regulations
• commercial agents
• religious discrimination
• discrimination on the grounds of sexual orientation

If you believe you have a claim, it is important to get advice from a solicitor specialising in the field of employment law. The specialist knowledge of an employment law solicitor is vital in pursuing a claim to the best conclusion. If you would like advice just telephone us for a free initial consultation.