Every employee has rights and every employee should be supported in their work.  For most of us, our lives are heavily focused on our work; we are financially dependent on our career which in turn supports our families and the life we wish to lead outside of our job.

It can therefore be devastating when you experience an issue at work, you are dismissed or made redundant, leaving you vulnerable and concerned for your future.

In this situation, you will be looking for experienced Employment Law Solicitors who can help you understand your employee rights, be on your side should you wish to negotiate a settlement or fight your corner in the event of an Employment Tribunal claim.

Our Employment Solicitors can provide exactly that, bringing their years of knowledge to help you regain control over your career and move on to the next chapter.  Employment law is a vast area, and as an employee you have many rights to be aware of.  Our team can provide you with tailored advice to assist you in making an informed decision about your future.

Legal advice for employees

There are many situations for which you may need an Employment Lawyer, whether you are a Senior Executive, a Director in a business, a part-time worker, a consultant, on a zero hour contract or it is your first day of employment.  No matter your role or length of service, we are here to help.

Understanding your employment rights

You possess a range of employee rights safeguarded by employment laws, including but not limited to the following:

  • The right to a written statement of the terms of your employment (which can be in your contract of employment).
  • Health and safety rights.
  • Your employer must adhere to National Minimum Wage (or National Living Wage) for your age group.
  • The Working Time Regulations state that you have the right to certain protections such as limits on working hours, rest breaks and annual leave.
  • To be protected against discrimination based on the protected characteristics of the Equality Act 2010.
  • Maternity and paternity leave and pay.
  • Statutory Sick Pay.
  • Statutory Redundancy Pay.
  • Grievance and disciplinary procedures must be explained in detail in the form of a fair and transparent policy.
  • Data protection under the General Data Protection Regulations (GDPR).

These rights serve as a foundation, and additional rights and protections may apply based on your specific circumstances, industry, and employment contract.

Discrimination at work for employees

All employees and candidates for job roles are entitled to not be treated less favourably than another based on a protected characteristic under the Equality Act 2010.  If you feel you have been discriminated against due to a disability, your age, gender, sexual orientation or race, for example, you may have a claim for discrimination against your employer.  Our Discrimination at Work Solicitors are here to advise you as to the likely success of such a claim and offer our guidance as to how to proceed.

Dismissed at work for employees

Being dismissed from or feeling you have no option but to leave your employment will have a significant impact on your life, potentially reaching into your finances and relationships.  In most cases, your employer will be required to follow a fair procedure when making the decision to dismiss and if you feel this has not been done, our Dismissal Solicitors can help.  We will explain your rights to you, as well as the difference between unfair dismissal, constructive dismissal and wrongful dismissal.  We can review the details of your particular situation and advise as to whether pursuing a claim is likely to be successful.

Disciplinary and grievance at work for employees

Managing performance can be a difficult task for employers but this should be done to ensure productivity for their business.  However, there are procedures that your employer should follow if they take disciplinary action against you or conduct a formal grievance hearing, which will include holding a fair investigation into the matter.  Should your employer have initiated these proceedings and not followed their own disciplinary procedure, or you believe their allegations are unfounded, you may be able to pursue a claim against them, dependent on the circumstances.  If legitimate grievances have not been properly handled this may also give rise to certain claims.

Flexible working for employees

Flexible working is an area of employment law that has seen rapid change in recent years and will continue to adapt.  When making flexible working requests, it is vital that you follow the correct procedure as failure to do so could lead your employer to refuse the request.  Our Flexible Working Solicitors are on hand to explain the process and the eligibility criteria for making flexible working arrangements.

Maternity and paternity rights for employees

Having children is an incredible milestone in your life, but it is realistic to recognise that this will impact your employment.  Your employer has an obligation towards your health and safety and to adhere to the law, which will include maternity and paternity leave rights, maternity pay, paternity pay, exploring the options of shared parental leave and much more.  If you feel your employer has failed in their obligations, or you have been discriminated against due to your maternity or paternity status, we are here to assist.

Redundancy rights for employees

It will always be a difficult decision for your employer to make redundancies, however it is only natural that you will be concerned about your future career and financial security.  As with all areas of employment law, there are strict processes for your employer to follow when considering redundancy law and neglecting to follow these could lead to an unfair redundancy process.  Should your employer have announced redundancies, our Redundancy Solicitors can advise you as to your redundancy rights, how to proceed if they have offered voluntary redundancy and whether the process is unfair.

Settlement agreements for employees

Occasionally, in order to facilitate an exit from the business, an employer may offer a settlement agreement to an employee.  This will usually be in dismissal or redundancy situations and, should your employer offer you a settlement agreement, it is vital that you seek independent settlement agreement advice, which your employer should contribute towards.  Our Settlement Agreement Solicitors are here to advise you as to the terms of your settlement, what rights you are waiving and the implications should you not want to sign the agreement.

Restrictive covenants for employees

When you begin working for a new organisation, or if you have been promoted, it may be that your new employment contract will contain restrictive covenants.  These clauses are put within your contract by your employer to protect their business interests in the future, however there are situations when these may not be enforceable due to their reasonableness.  Should you have a contract with restrictive covenants included that you would like to review before signing, or you have left a business and you are now being accused of breaching your restrictive covenants, we can provide our expert advice. If you are leaving under a settlement agreement we can often negotiate on such terms to give you the reassurance in your decisions for your new employment.

Sexual harassment in the workplace for employees

Employers have a duty of care towards their employees to provide a safe working environment free from any form of harassment and bullying, including sexual harassment.  Your employer should be taking preventative measures and address all allegations of sexual harassment with the seriousness they deserve.  Should you feel you are a victim of sexual harassment at work and your employer has not acted accordingly in their investigation, it is important you seek legal advice.

Bringing an Employment Tribunal claim against your employer

Bringing a claim against your employer can seem like a daunting prospect; however if you feel that your employer has not met their obligations then you deserve the opportunity to have that rectified.  There are certain steps involved in making a claim, beginning with Acas Early Conciliation to ascertain whether a solution can be resolved without proceeding to the Employment Tribunal.  We can guide you along the way beginning at Acas, offering our honest and realistic advice about your chances of a successful claim, exploring alternative solutions, negotiating on your behalf or representing you in Tribunal. There are strict and quite short time limits for bringing most such claims and so it is important that you seek early advice if you think you may need to make a claim to the Tribunal.

Employment Law for Employees Solicitors in Andover, Romsey, Salisbury and Witney

For employees seeking trusted legal guidance, our Employment Law solicitors in Andover, Romsey, Salisbury and Witney are here to advocate for your rights and interests. Navigating the complexities of employment relationships can be challenging, and our team is dedicated to ensuring that you are informed and empowered. Whether you are dealing with issues related to unfair dismissal, discrimination, or contractual disputes, we provide compassionate and strategic legal representation. Our goal is to protect your rights, promote fair treatment, and help you achieve the best possible resolution in employment-related matters.

 

Employment Law for Employees Frequently Asked Questions

A contract of employment is a legal agreement between you and your employer that outlines the terms and conditions of your employment and your employment status, including but not limited to:

  • Your job title
  • An overview of your duties
  • Your working hours and rest breaks you are entitled to
  • Your salary
  • Any benefits you are entitled to
  • Holiday entitlement
  • Notice period
  • Confidentiality clauses and data protection

Depending on your role and the industry sector, your employer may also add restrictive covenants to your contract, which we can discuss with you before signing.

Discrimination at work occurs when you are treated ‘less favourably’ than someone else would be based on protected characteristics defined under the Equality Act 2010, as listed below.  This can be at any stage of your employment journey with an organisation from hiring, promotions and your day to day role.

  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Pregnancy and maternity
  • Race
  • Religion and belief
  • Sex (gender)
  • Sexual orientation

In most cases, being dismissed at work should be based on fair and valid reasons. Employers must follow proper dismissal procedures, providing clear reasons and allowing you the opportunity to appeal.  Dismissal also arises if you are left with no option but to leave. It is imperative to recognise the difference between various types of dismissal claims:

  • Unfair dismissal
  • Wrongful dismissal
  • Constructive dismissal

Our Dismissal Solicitors can review your situation surrounding your dismissal and tailor our advice accordingly.

Every employer is legally required to have a grievance procedure in place.  In the event that you wish to raise a grievance, you should follow their formal procedure, which typically involves submitting a written complaint outlining the issue. It is recommended that you keep a record of events and if you feel the grievance is not investigated fairly or you are dissatisfied with the outcome, we can advise as to the next step.

Disciplinary action may be taken against you to address employee misconduct. In this situation you should respond promptly to any requests given as part of the disciplinary procedure, attend meetings, and provide your perspective, even if you feel the accusation is unfounded.  Should you believe that your employer is not following a fair procedure, we can discuss your options with you.

If you believe that the restrictive covenants in your employment contract are unreasonable or excessively restrictive, you can challenge them.   We can review the covenants with you prior to your signing your contract or, should your previous employer be claiming you have breached your restrictive covenants, we can assist with the negotiations in defending you and assess their enforceability. If you are leaving under the terms of a settlement agreement we can try and negotiate and amend them in the agreement to limit their impact on your next role.

Contact our Employment Law for Employees Solicitors

If you have any questions regarding Employment Law please get in touch with a member of the Employment team who are based in our offices in AndoverRomseySalisbury or Witney. You can contact the team by using the Contact Form, emailing moc.n1709419138ellub1709419138rekra1709419138p@ofn1709419138i1709419138 or calling your local office:

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Your Employment Law for Employees Team