A bit more advice for Employees on key areas of employment law

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Unfair Dismissal

Your dismissal may be unfair if your employer does not have a good reason for dismissing you or does not follow their own formal disciplinary or dismissal process.

You are likely to be unfairly dismissed if you had resigned and gave the correct notice period, have been asked for flexible working, have joined a trade union, needed time off for jury service, applied for maternity, paternity and adoption leave, were on maternity, paternity and adoption leave you're entitled to, exposed wrongdoing in the workplace or were forced to retire.
Read our full guide to unfair dismissal, here.

Bullying & Harassment

Bullying and harassment is behaviour that makes someone feel intimidated or offended. Harassment is unlawful under the Equality Act 2010.

Examples of bullying and harassment include spreading malicious rumours, unfair treatment and being picked on. This can happen face to face or by letter, email or phone.

The law protects you against harassment and discrimination at work including dismissal, employment terms and conditions, pay and benefits, promotions, training, recruitment, redundancy and disability.

The concept of harassment in employment law is contained within equality legislation (developed through judicial interpretation and guidance by Mr. Justice Underhill in Richmond Pharmacology and Dhaliwal [2009] IRLR 336). An Employment Tribunal Judge will be looking for three elements of liability in harassment matters; namely (i) whether the employer engaged in unwanted conduct; (ii) whether the conduct either had (a) the purpose or (b) the effect of either violating the claimant's dignity or creating an adverse environment for her; and (iii) whether the conduct was on the grounds of the claimant's [protected characteristic].”

Good quality legal advice and using a law firm that cares enough to make the discretionary effort for your Case, can mean the difference between winning and losing at a Hearing.

Use the contact us page for high quality direct advice on how we can help.

Disability Discrimination

Employees have protection under the Equality Act 2010 against disability discrimination. Employees may be considered to have a disability if they have a physical or mental impairment which has a substantial adverse and long-term effect on their ability to carry out normal day-to-day activities.

These include using a telephone or computer, interacting with colleagues, following instructions, driving and carrying everyday objects.

Disability Discrimination can be: Direct Discrimination, Indirect Discrimination, or be Harassment related to the health condition of the disability.

As with all claim types, disability discrimination Cases rely on evidence of the claimant (the employee) being treated less favourably because of their disability. The legal test explanation is written like this; (A is usually the employer, B is usually the employee)

A person (A) directly discriminates against another person (B) where:

• A treats B less favourably than A treats or would treat others, and

• A does so because of their protected characteristic (of disability health condition)

Good quality legal advice and using a law firm that cares enough to make the discretionary effort for your Case, can mean the difference between winning and losing at a Hearing.

Use the contact us page for high quality direct advice on how we can help.

Advice on Grievances

You’re unhappy at work and you are thinking of entering a formal grievance. What can you expect from your employer, and how will they handle things formally? The following guidance is the type of structure they should follow;

  • When an Employee raises a problem at work, the Organisation should check what the grievance procedure says and identify any other relevant procedures, eg anti-bullying policy or equal opportunities policy, that they might need to refer to.

  • They might be expected to hold an Informal meeting with the employee and Keep copies of meeting notes that they take. This might resolve the matter resolved and you may not wish to proceed with grievance further. If you do not feel listened to then you have the right to formalise your grievance.

  • Because you matter is not resolved then you, the employee, will submit a written grievance. You should keep a copy of the grievance so you can recall what your main points are.

  • The employer will send a letter to the employee asking them to a formal grievance meeting.

  • There will be a formal grievance meeting with the employee (you, the employee has a right to be accompanied). You should keep copies of the letter inviting you to the meeting and meeting notes.

  • The employer should do any required investigations and may take statements from people who are relevant to the investigation. They may have and use other documents to help look into your grievance.

  • The employer will then write a Letter to employee Informing of decision on the grievance

  • The employer should also inform the employee of the right of appeal if they are unhappy.

  • The employee might decide to submit an appeal against the grievance decision

  • The employer will provide a Letter to employee Inviting to appeal meeting

  • The Appeal meeting will be held and the employee has right to be accompanied

  • The outcome to the appeal meeting will be given.

If you suspect your grievance has been mishandled, get in touch with us for free advice on how they should be handling your grievance. Depending on what your grievance is about, you may also have rights against victimisation of you for the simple fact that you entered your grievance in the first place. This is to ensure that employees can enter complaints about discrimination and harassment, without having to worry that they will be treated differently just because they have entered their complaint/grievance. This is a legal right, regardless of whether the complaint itself was upheld or not in the original grievance.

Most employees are worried about ‘rocking the boat’ or being seen as a trouble maker or will worry their employer will not like them if they enter a grievance. In most cases, the employer has already reached the point of their being a problem, and entering a grievance can be a good way to set the foundations in place at work. You have legal rights for a reason, it is pointless not using them to help you right at the time when they are there for you.

We can guide you through this process. Free consultations on any issue, use the contact us page to ask us what you should do.

Race Discrimination and Sex Discrimination

Very little direct discrimination is overt or even deliberate. In Anya v University of Oxford [2001] IRLR 377 CA guidance was given that Employment Tribunal Judges shall look for indicators from a time before or after the particular act which may demonstrate that an ostensibly fair-minded decision was or was not tainted by bias, (in Case Law authority of Anya, the Case involved racial bias). Discriminatory factors will, in general, emerge not from the act in question but from the surrounding circumstances and the previous history.

Discrimination can be hard to prove in law. However, a good employment lawyer will be able to take your information and statement, and structure your legal grounds to give your Case the best chances of success. If discrimination has occurred (whether discrimination is related to Age, Disability, Gender reassignment, Marriage and civil partnership, Race, Religion or belief, Sex or Sexual orientation) we will be able to help you prove it in your Case.

Good quality legal advice and using a law firm that cares enough to make the discretionary effort for your Case, can mean the difference between winning and losing at a Hearing.

Use the contact us page for high quality direct advice on how we can help.

Unpaid Wages 

Some employers fail to pay employees all wages due at the end of your employment, either intentionally or out of ignorance.

You may find that your employer has not paid your correct holiday entitlement, deliberately not paid you for overtime hours or you have experienced a shortfall of your wages overall.

It is unlawful to make deductions (not previously agreed with the employee) from their salaries.

You have certain legal rights to recover this money.

Health & Safety

All workers have a right to work in a place where risks to their health and safety are properly controlled. Health and safety is about stopping you getting hurt at work or ill through work. Your employer is responsible for your health and safety but you must also take reasonable care.

The common law has established that an employer has a general duty to take reasonable care to avoid injury, disease or death occurring to their employees at work and in particular, must provide and maintain safe appliances and equipment, maintain a safe system of work and provide competent people to undertake the work.

 

For further guidance on unfair dismissal law

Employment Tribunal Claims & Representation

If you have experienced any of the above employment issues why not speak to us for help and advice. We will be able to advise you if have a Case and help you through every step of the process. 

Presenting your Employment Tribunal case properly, so that your case has the best chance, is not easy. The law can be confusing and it is easy to miss a deadline or fail to present your case correctly. If you don't give the Employment Tribunal enough information or accurate details, you risk your claim being struck out by the other side at the first opportunity.

We understand how hard it is to pay for an Employment Lawyer's fees in addition to your regular bills and outgoings, especially at such a difficult time. You need good quality advice from an Employment Law specialist who can understand your case and provide you with the support you need straight away.

​Whilst every case is different, if your claim is reasonable, Cora Employment Law can act on a no win no fee basis so that you can begin to rebuild your life again without the worry of expensive fees for your represenation.