If your contract has been terminated – with or without notice – and the employer has not provided a reason which is considered ‘fair’ for your dismissal (such as poor performance or lots of sick leave, misconduct, you can no longer work in the UK or your role is redundant) you may be eligible for unfair dismissal.
This will be, for example, if you have been dismissed because you are pregnant or on maternity leave, have requested your legal rights at work (like minimum wage), were a part of a trade union activity, made a report against your employer (for example for something they have done or for a health and safety incident), or you are a particular sex, religion, race, sexual orientation or disabled.
You may find yourself needing help with a tribunal for constructive dismissal if your employer made changes to your contract that forced you to resign or if you’re being bullied or feel threatened. Before resigning, you may wish to seek legal advice to make sure this is the best course of action. Get in touch with an employment lawyer near you for the best available guidance.
If you are dismissed in a way that breaches your contract, this will be wrongful dismissal. This is most common when an employee is dismissed without notice or insufficient notice, as laid out in the contract of employment. If you feel as if you have been wrongfully dismissed, speak to one of our employment solicitors in Berkshire and we will give you advice on what your next steps should be.
Should you have a complaint against your employer, rather than go to a tribunal, your employer may offer an alternative arrangement, usually including financial payments, to handle your disagreement. These are known as settlement agreements.
Any agreement you come to will mean that you cannot make a claim in a tribunal court for the same issue, so it is important to get legal advice before signing anything.
Our employment solicitors are locally based throughout Berkshire and can guide you through the process.
Redundancy usually occurs when your job can no longer be afforded or is no longer needed. If you are in a pool for redundancy or you are made redundant, you may feel that you have been discriminated against. You should review who else is in the pool (or not in the pool) to see if there are common themes e.g. most are pregnant or of a particular race, age or sex.
CONTRACTS OF EMPLOYMENT
If you have any queries or questions about a current or proposed contract of employment and need further guidance on what this will mean for you and your options, we can go through this with you to help you lay out an appropriate course of action. Book an appointment with one of our employment solicitors who will guide you through the process and advise you accordingly.
As mentioned above, discrimination is when you are singled-out for being a certain sex, religion, race, age, being pregnant, on maternity or paternity leave, disabled or due to your sexual orientation.
This is not an exhaustive list of all the types of discrimination, just for a guideline.
This can include being made redundant, dismissed, or workplace bullying and harassment.
DISCIPLINARY & GRIEVANCE PROCEDURES
If you have been given a disciplinary or need to submit a grievance and need advice on how to proceed from this point to move forward or you have been treated unfairly as a result of this, our employment lawyers can help you to find a resolution to these issues.