subject: When An Employee Should Contact An Employment Solicitor [print this page] When An Employee Should Contact An Employment Solicitor
An employment solicitor plays a very crucial role for an employer or employee with a claim pertaining to employment; if you are an employee and you feel your employment rights have been breached or an employer wanting to avoid an employment tribunal claim. But first it is important for you to have the basic understanding of employment laws which apply before consulting a solicitor specialising in employment.
The employment contract is the basis of your relationship with your employer, and included in the contract will be your terms of employment, commission and bonus payments and restrictions and regulations. Before filing a claim, you need to know whether your employer has breached an employment right and it is important to have some evidence when consulting an employment solicitor. The five main reasons that can prompt you to contact an employment solicitor are:
1. Unfair dismissal: This is the most common claim seen in the Employment Tribunal, and there are many reasons why you may feel you have been dismissed unfairly. It is important to establish the following; is your claim within the time limits, have you worked for a year, are you part of an excluded group; are you working as an employee or you are on contract, is the reason used by the employer potentially fair, have you been dismissed already and was there fairness during dismissal
2. Redundancy: If you have been employed for more than a year, you are able to file for unfair dismissal, but for you to receive a redundancy payment you need to have at least worked for two years continuously. Unless the whole business is closing down, the employer should give you a warning, ensure the selection criteria is just and fair, be objective, selection procedure should be fair and the employer should try to make offers for alternative employment.
3. Discrimination: This can be on the basis of religion, sex, age, disability, race, religion or sexual orientation. If your employer treats you unfairly at you work place and you are not able to show it is because of one of the above reasons then you cannot have a claim for discrimination. If you are not sure consult a solicitor specialising in discrimination and employment law such as Stone Joseph Solicitors one of the most recognized Employment solicitors in London to discuss your claim.
4. Wrongful dismissal: This is a claim based on wrongful dismissal for breach of employment contract. Read your employment contract and see if the employer has breached any of your terms; the most common is dismissal without notice.
5. Constructive Dismissal: This is when you leave your employer because of his behaviour, this is a difficult claim to win and before you resign it is advisable to speak to an expert employment solicitor. You should resign in writing but before that speak to your manager or someone in Human Resources department and write down notes of your conversation.
Your solicitor should be approachable, committed and professional, at Stone Joseph Solicitors there is a group of specialised employment solicitors who are ready to give you expertise advice and ensure you succeed in your claim.
