A workplace can be an environment in which we thrive, and where we find fulfilment and inspiration, but sometimes a workplace can have a negative effect too. When it goes wrong, a workplace can be intimidating, unfair, frustrating and even threatening. An employee has to be able to trust their employer, and it can be confusing and unsettling when something happens that means you don’t. In such circumstances, where there has been a breakdown in relations with your employer, you may need to seek specialist legal support, and employment law solicitors are where you should turn if you do.
Employees can feel vulnerable and overwhelmed when facing a dispute at work, and it is important that you have access to experienced employment law support. This will help you:
- Understand your rights and the legal process
- Ensure you get fair treatment at all times
- Negotiate a fair outcome that is in your best interests
- Avoid possible legal action against you
- Protect your employment rights now and in the future
Here we have put together the common situations that can develop at work, and where you should seek legal support from specialist employment law solicitors:
- When you are being bullied and harassed – If a work colleague or a member of management is bullying you or harassing you, physically or verbally, you need to understand how the law protects you. It is possible you have been the victim of discrimination or harassment and that you might be able to take legal action. Timelines for presenting claims are tight (circa 3 months) so you should take advice as quickly as possible
- If you have been constructively unfairly dismissed – If your employer has made life very uncomfortable for you, or work has become impossible through no fault of your own, and this has led to you resigning your job, you may be able to claim constructive dismissal. You might not want to return to work there, but an employment law solicitor can help you claim compensation for your potential unfair dismissal and breach of contract.
- If you are being disciplined or actually dismissed – If you have been disciplined for something you have done at work or actually dismissed, an employment law solicitor will be able to establish whether this is fair, what your rights are and what the formal process should be. They can help you to understand the employment tribunal process and Acas Early Conciliation and also represent you at an employment tribunal and ensure your rights are protected if necessary.
- If you think the terms of your contract have been breached – Has your employer changed your salary, or your hours? Have they changed the nature of your job without warning and this doesn’t suit you? Your employer may have breached the terms of your contract of employment, and an employment law solicitor can help to establish this and explain what action you can or should take.
- If you are facing redundancy – Redundancy is common and unfortunate and is often legitimate, but it has to be done in the right way. It also has to be the real reason for the dismissal. If you are facing redundancy, an employment law solicitor will explain your employment rights, how the process should work including any consultation requirements, what notice you should be given and what redundancy pay and terms you should expect.
- When discussing a settlement agreement – A settlement agreement is a formal agreement made usually when someone is leaving their position, and normally involves a financial settlement and confidentiality terms. You will be required as part of the agreement to seek advice on whether a settlement agreement is fair and properly looks after your best interests.
- When you have a grievance – This might be a minor dispute with a colleague or unfair treatment from a supervisor, and while you may have raised this informally with your employer or your HR manager, if you are not satisfied with the result you might need to raise a formal grievance using the grievance procedure. In these circumstances, an employment law solicitor will help establish your legal position, whether any action has breached your contract of employment, and what to do next.
- When you have been demoted unfairly – If an employer demotes you and gives you a reduced position, they need to have solid grounds on which to do so, otherwise this could be classed as bullying or harassment, and could constitute constructive dismissal. An employment law solicitor will help to establish if the process has been fair and, if not, what your rights are and what the next step in the legal process should be.
Legal help for employees from specialist employment law solicitors
Any workplace dispute can lead to a challenging work environment and a situation where continuing to work becomes untenable. In such circumstances, employment law solicitors such as Consilia Legal, can give professional and experienced advice on how you should proceed. We have branches and employment lawyers in Harrogate, Leeds and London. We will always seek to ensure your rights and your best interests are protected, you secure suitable compensation where this is appropriate and you are in a good place to seek employment elsewhere.
If you are facing a workplace dispute with your employer and need employment law support, contact our team at Consilia Legal today.