Employment Law

What work we will undertake for you?

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We can undertake work in relation to the following for you.

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• Redundancy

• Unfair dismissal

• Employment contracts

• Internal grievances

• Harassment and discrimination

• Boardroom disputes

• ACAS conciliation

• Whistleblowing

• Settlement agreements, or compromise agreements as they were previously known

• Breaches of restrictive covenants

• Equal pay

• Disciplinary procedures

• Unlawful deductions from wages

• Breach of contract

• Maternity and paternity rights

• Employee transfers (known as TUPE)

• Employment tribunal claims

Typical stages of an employment dispute

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Problems with your employer usually fall into one of two categories:

• grievances - when you raise your concerns, problems or complaints with your employer

• disciplinaries - when your employer has concerns about your work, conduct or absence

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Informal Procedure

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Your employer should discuss any disciplinary issues with you informally first. This will give you the chance to explain your concern to your manager to see if you can sort out any problems informally.

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NOTE - You have the right to be accompanied to grievance or disciplinary meetings (and any appeals) by either a:

• colleague or trade union representative

• family member or Citizens Advice Bureau worker if this allowed - check your employment contract, company handbook or human resources intranet site

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These issues could lead to formal disciplinary action, including dismissal in more serious or repetitive cases.

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Formal Procedures

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You can make a formal grievance complaint or face formal disciplinary action if you were not able to resolve your problem informally. Your employer should put their grievance procedure in writing.

You should be able to find this in your:

• company handbook

• human resources (HR) or personnel manual

• HR intranet site

• employment contract

Your employer’s grievance procedure should include these steps:

• writing a letter to your employer setting out the details of your grievance

• a meeting with your employer to discuss the issue

• the ability to appeal your employer’s decision

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Disciplinary action

You might face disciplinary action if your employer has decided they have a serious issue with you or your work.

Your employer should put their disciplinary procedure in writing and it should contain:

• your employer’s disciplinary procedure rules

• what performance and behaviour might lead to disciplinary action

• what action your employer might take and your right to appeal

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Suspension from work

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If you are facing discipline over a serious issue, your employer may be able to suspend you during the time leading up to a disciplinary meeting. Check your employment contract, company handbook or HR intranet site to see if you’re entitled to be paid when suspended.

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Appeals

You can appeal the result of a grievance or disciplinary procedure. Your appeal must be in writing.

Appeals procedure

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Your employer’s grievance and disciplinary procedures will set out:

• who you should submit your appeal to

• the time limit within which an appeal must be made

• any meetings that will be held

• how the appeal meeting will be run

NOTE: You have the right to be accompanied during any appeal meetings.

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Dispute Resolution - Mediation, conciliation and arbitration

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You can get help from a third-party to solve disputes between you and your employer. The main ways you can do this are through:

• mediation

• conciliation

• arbitration

Mediation - Both parties involved in the dispute come together, but with an independent party present, the mediator, who attempts to help the parties come to a resolution. The mediator is impartial and it is not their role to come to a decision, but rather to help both sides agree to a resolution. Mediation is voluntary and the mediator cannot force you or your employer to accept a solution. Both you and your employer must agree on the way to solve the dispute. If a resolution can be agreed a settlement agreement is drafted which sets out what both sides have agreed.

NOTE: Mediation should not be used to solve problems that have to be formally investigated (for example, harassment or discrimination).

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Conciliation - similar to mediation but is normally used when:

• you believe you may be entitled to make a claim to an employment tribunal

• you have already made a claim to an employment tribunal

NOTE: Conciliation is voluntary - both you and your employer must agree to it before it happens.

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Arbitration - An independent arbitrator makes a decision about the dispute. The parties provide evidence and the arbitrator uses this evidence to come to a conclusion. This form of dispute resolution allows all parties to have an influence on the process. You and your employer must agree to an arbitrator’s decision being legally binding. If you do not agree, you can still take a case to an employment tribunal.

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Should all of the above procedures fail you will need to make an application to the  industrial tribunal.

NOTE: For cases of unfair dismissal there is a time limit of 3 months from the date of dismissal.

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Tribunals

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If you have been unable to solve a problem between you and your employer, you may have to go to an employment tribunal.

At the tribunal, you and your employer will present your cases, answer questions and the tribunal will make a decision.

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