Employment advice and unfair dismissal
We can assist you to appoint counsel for both advice and representation in all areas of Employment matters, at every stage of the proceedings.
It is very important that you seek advice at the earliest possible stage, in order that our barristers can help to prepare your case as thoroughly as possible.
If you have a Employment claim, please contact us as soon as possible in the process so that we can help you to get a legal opinion from a specialise Employment barrister.
- Employment Contracts
- Redundancy & Dismissals
- Discrimination at Work
- Trade Unions
- Work Entitlements
- Health & Safety
- Employment Overseas
- Unfair Dismissal
- Constructive Dismissal
- Discrimination at work
- Employment Tribunals
Depending on your circumstances, you may be able to take legal action when you are dismissed.Your employer must have a good reason to dismiss you from work and follow the company’s formal disciplinary and/or dismissal process* Reasons for unfair dismissal may include if you:
- Make a request for flexible working arrangements
- Refuse to give up your rights with regard to rest breaks and other rights
- Have resigned and given the required notice period
- Have joined a trade union or similar body
- Taken part in a legal industrial action that lasted for 12 or less weeks
- Taken time off work for jury service
- Applied for statutory leave such as maternity, paternity or adoption leave
- Were on statutory leave that you are entitled to
- Asked your employer to honour, or tried to enforce your WTC (Working Tax Credits)
- Exposed your employer for wrongdoing (Whilstleblowing)
- Were forced to retire, known as complusory retirement
* Statutory minimum dismissal procedure in Northern Ireland
If you are forced to leave your job because of the actions taken by your employer, this could be considered as constructive dismissal.The reason(s) must be of a serious nature and directly relative to you being forced to leave the job and may include:
- Your employer suddenly demoting you without reason
- Your employer stops paying you suddenly
- Your employer forces unreasonable working arrangements upon you, for example making night shifts compulsory when your contract is for working normal hours
- Your employer not taking action when you are being bullied or harassed at work.
- Your contract of employment is in place not only to ensure you keep to your working arrangement with your employer, but also to protect you if your employer breaches their undertakings in the contract. This may occur with one serious incident, or a series of incidents that when considered together form a serious problem.
It is against the law for someone to discriminate against you for any of the following:
- Sex, sexual orientation or transexual operations
- Being pregnant or having a child or children
- Being or becoming disabled
- Having or not having religious beliefs or backgrounds
- Race, including nationality, colour and ethnicityThese are referred to as ‘protected characteristics’ and you are legally protected from discrimination against them in the following situations:
- At work
- In education
- As a consumer
- Using public services
- Buying or renting a property
- Being a member or a guest at a private club or association
- The legislation that protects you is the Equality Act 2010
If you have an employment tribunal hearing, our barristers can help by providing you advice and representation at each step of the process. Most importantly, do not ignore the correspondence – contact us today to see how we can help you.