If you have been treated unfairly by your employer, unfairly dismissed or discriminated against at work in the UK, it is important to get legal advice as soon as possible. In general, the longer you leave a problem behind, the more difficult it will be to resolve. Your employment attorney can help you explain your options, determine if you have a case against your employer, help you decide if the case is worth pursuing, and explain what steps to take.
You will need to be prepared to provide your lawyer with the following details:
– Time you have worked for your employer
– How much do you earn
– Your job description and employment contract
– Details of your problems at work
– What events have led to your current situation
– Any relevant documents you have or do not have in your possession
– What you have done so far to try to resolve the matter.
SOLVING PROBLEMS INTERNALLY.
If possible, you should try to resolve your problem through the company’s internal grievance procedures to allow matters to be resolved quickly.
If you have tried to resolve the matter internally, the employment court is more likely to hear your case. You can do this directly or we will write to your employer on your behalf.
If you can settle with your employer without going to court, this can be recorded in a “compromise agreement.” This is a legal document that confirms the terms of the agreement you have agreed to, in exchange for which you will give up your legal claim against your employer.
LABOR COURTS.
If you are unable to resolve the issues internally, it may be necessary to take your case to an employment tribunal.
If you take the matter to court, there is usually three months from the date of the facts you are complaining about. In certain circumstances this can be extended, for example if your claim concerns severance pay, in which case you have six months to bring your claim to court.
The labor court is made up of a labor law specialist, ie a judge or lawyer, and two lay members who will have specific expertise in labor matters.
The employment court will look at the merits of your case along with any evidence to determine if they believe it is justifiable under law to bring the claim against your employer.
They will take into account what policies/procedures your employer has for dealing with problems at work, what steps you and your employer have already taken to try to resolve the problem, and your behavior and that of your employer during the time you were employed.
Most case hearings will be over in one day. Conclusions are reached by majority decision and are usually announced to both parties immediately.
In cases of wrongful termination, the courts have the authority to allow you to be reinstated at work or to order compensation.
UK employers do not always understand employment law and often do not follow proper procedure or adequately compensate their employees for losing their job. A good compromise attorney will be able to negotiate with your employer with the mutual goal of resolving the dispute, which means neither party will have to go to employment court; In many cases, such a compromise agreement will allow for a higher compensation payment than a court, especially when reducing legal fees is considered. Any employee who has been terminated should always seek the advice of experienced employment law attorneys before taking any action or signing any agreement.