Services for Employees, Workers and others
With the emergence of the ‘gig economy’ and non-typical employment relationships including agency workers, independent contractors and those working on zero hours contracts. Employment Law has never been more ‘interesting’ to Lawyers and never more complicated for most people in work.
The potential for Employers to mess up is huge and the recourse available to those who are affected is extensive. A vast number of potential claims exist for those who have suffered from breaches of employment Law most of which must be pursued through the Employment Tribunal.
Our Employment law Team have extensive experience acting for individuals as well as Employers and our ability to act for both sides provides our clients with a perspective often not available to Firms who only act for ‘one side’. We can offer funding by way of Fixed Fees monthly billing and in some cases on a Contingency Fee Basis where we don’t charge you if you lose your case but take some of your compensation if you do.
Please note that whilst we do offer a free telephone consultation of up to 30 mins we can only use this time to establish basic facts and whether we can assist you with your legal issue. With this free consultation we do not provide you with any legal advice.
Unfair Dismissal Claims
Provided you have over 2 years continuous employment at the date of your dismissal and are not otherwise prevented from making a claim, you have the potential to make a claim and obtain a ward of compensation if you can show that your employer’s decision to sack you was so unreasonable as to amount to it being regarded as Unfair.
Employers often fail to follow a fair procedure which can influence a Tribunals decision on the fairness of your dismissal but it is sometimes not obvious to you as an individual how they have slipped up? We have experience in identifying potential claims quickly and telling it to you straight. We can also advise you during the course of any disciplinary procedure started by your employer and can help you in drafting appeals against decisions in disciplinary of grievance procedures.
Wrongful Dismissal and Breach of Contract Claims
For employees dismissed before they have gained 2 years’ service there may be a claim for Wrongful Dismissal if the Employer has failed to provide the correct notice. This could be the notice period prescribed in any written contract or if not minimum notice prescribed by law. Where an employee has a Contract providing other benefits the breach of that Contact may give a right to claim compensation for any lost or unpaid benefits
We deal with a lot of enquiries concerning Constructive Dismissal and it would be fair to say it’s a topic which a lot of people don’t understand as well as they think they do! We have a lot of experience in identifying actual or possible claims of constructive dismissal which typically arise where an employee quits their job in circumstances where they think their employer is to blame.
To succeed in a claim of Constructive Dismissal it is necessary to show a significant breach of contract by an employer. This could be a breach of a provision in a written contract or a provision which the law implies where an employee doesn’t have a physical document showing an employment relationship with their employer. Decisions on resigning should not be taken lightly and our experience in this area enables us to take an objective view of your situation and to ‘tell it to you straight’.
We have experience in advising on a wide range of Discrimination claims including those based on Disability, Sex, Race, and Age. Discrimination claims can be challenging to prove and we have seen many claims started too early or without enough knowledge. Employment Tribunal rules in relation to time limits for making claims are very strict and the Law in this area is evolving quickly. This is not in other words an area for the uninitiated or inexperienced. At EMG we can offer insight understanding and the commitment and support to help you fight a successful claim.
Another topic often misunderstood by a lot of clients we meet. Redundancy decisions can be challenged by claims for Unfair Dismissal and many are but fail because of a lack of understanding of the Law in this area. Sometimes Redundancy payments aren’t paid when they should be or are incorrectly calculated. We can offer advice and support in all contexts of Redundancy.
If your Employer sells or transfers their business to someone else or asks you to work somewhere else the chances are that regulations designed to protect your employment will come into play. These are known as the TUPE Regulations. We are experienced in identifying breaches of the Regulations and helping those affected by breaches often by issuing Employment Tribunal Claims.
Wages and Other Claims arising in Employment
Employees and workers have a lot of protection in Law in terms of their entitlement to be paid for their services and in relation to rights in employment such as the right to work flexibly, to be paid for holidays and during time spent away from work on Maternity or Paternity leave. Where an employer fails to apply the law such individuals can complain to an Employment Tribunal and to ask for financial compensation. Because these various rights have lots of rules and requirements attached to them, a full understanding of them is essential before complaints or proceedings are started this is where we can help.
Our involvement in drafting Agreements for our Employer clients gives us an ability to ‘see through’ offers contained in Settlement Agreements which are offered to those with possible claims against their employer and intended to protect your Employer from any claims made by you and arising from your employment.
We offer 2 levels of service:
- For those seeking advice on how good the deal is we can analyse the offer, discuss all the circumstances with you and then provide a written assessment providing advice on how you respond to the offer. We can also get involved in negotiating different terms. Our Fee for this level of service will be based on the time spent working on your behalf.
- For those simply seeking advice from an Independent adviser on the nature and effect of the agreement we can usually provide this service within a day or two of receiving your instructions and our fixed fee is based in part on the time associated with the advice and in part on the value of the termination payment offered in most Settlement Agreements. It is customary for the employer to contribute towards your legal fees this is usually at least £250 plus vat.
Employment Tribunal Representation (‘Advocacy’)
We offer a full Representation service for cases in the Employment Tribunal and for some cases in the County Court and High Court. The majority of Claims involve claims for Unfair Dismissal Discrimination and payment of Wages and in many case we can offer representation on a Contingency Fee basis where we do not charge you if you lose your claim but take some of your compensation if you do. Please speak to us before embarking on any claims. In our experience many claims are started prematurely or without enough preparation and your chances of winning with us acting for you are going to be higher the sooner we are involved.