Our specialist litigation solicitors represent workers in the Employment Tribunal in Manchester or anywhere else in the United Kingdom. We use the No Win No Fee scheme and if you do not get compensation for your claim, you pay nothing in legal fees. If you call our office we will put you through to an employment solicitor, who will give you free advice and guidance about your claim without further obligation.
Employees are protected by employment law regulations and an employer may not arbitrarily dismiss an employee without good cause. An employer must undertake termination of employment only using procedures that are just and fair. In only very rare cases is an abrupt dismissal considered reasonable or justified. The employer must, in the majority of cases, provide a warning to the employee about unacceptable or undesirable behaviour. An employer must investigate allegations by co-workers or the circumstances surrounding any undesirable behaviour. When an employer ignores or neglects these steps prior to a dismissal, the dismissed employee may usually claim unfair dismissal and make application to the Employment Tribunal for damages.
There are strict time limits for bringing a claim for unfair dismissal claim to the Manchester Employment Tribunal. Whatever the circumstances surrounding your dismissal, you must apply application to the Employment Tribunal within three months from the date of dismissal.
The employer bears the burden of proving that a termination was legitimate. An employer must present evidence that a dismissal was based on redundancy, conduct, capability, illegality or another significant reason to defeat a claim of unfair dismissal.
There are times when an employee voluntarily resigns but the employment tribunal may not consider it as voluntary, they may in fact look at it as an unfair or unlawful dismissal. This concept is well known to employment solicitors as constructive dismissal which is a category of unfair dismissal. When an employer has made an employee’s conditions in the workplace so offensive or oppressive the employee resigns to get free of an unbearable situation, that is constructive dismissal and the worker’s resignation is considered to be involuntary.
Actions by an employer, which might be considered as constructive dismissal because they constitute a fundamental breach of the employment contract can include:
The Employment Tribunal awards compensation in two categories, a basic award and a compensatory award. Both awards may be capped by statutory financial limits dependent on the type of claim. The exact amount of the basic award compensation depends on the length of employment at the current organisation and the age of the employee. The financial loss suffered by the employee due to dismissal is the basis for compensatory award amounts.
It may be possible for an employment solicitor to appeal the Manchester Employment Tribunal’s judgment. If the basis of the appeal is a point of law instead of any of the facts in the case, you might be able to make application for an appeal to the Employment Appeal Tribunal (EAT.) The EAT has discretion to examine new evidence only under certain unusual criterion.
Various statutes have been enacted within the United Kingdom to protect you and other workers from workplace discrimination and when applying for employment. Anti-discrimination laws address a variety of topics that include discrimination in the workplace and the application for employment based on:
Discrimination, in spite of prohibitory laws, continues to be a problem in the workplace. If you believe you have been a victim of discrimination in the workplace or while applying for work, contact our office to speak with an employment solicitor, find out what your rights are or if you have a claim for compensation that can be brought before the Employment Tribunal.
Redundancy occurs when a worker’s skills are obsolete and no longer needed or when the business is ending operations. Individuals chosen for termination due to redundancy are frequently entitled to receive a compensation payment. In order to be eligible for a payment under the redundancy regulations, a worker must have been in the employ of the business for a minimum period of two years.
Bullying in the workplace or at functions related to work encompasses a wide variety of behaviour and unfair treatment. Bullying can comprise anything from constant negative criticism to physical attacks. Bullying normally involves a pattern of abuse which may be at the hands of the employer, a superior or a coworker who may subject the victim to hostile, degrading, and sometimes threatening behaviour. Some superiors think of it as mentoring or toughening the employee up however an employee has a right to a work environment free of this type of behaviour or harassment. Those subjected to bullying might have a claim for compensation before the Employment Tribunal.
Whistleblowing laws protect employees who report corruption or misconduct in the workplace. Whistleblowing describes an employee who publicly discloses illegal, unsafe, or illegal practices within the organisation where they are employed. The rules for protection for whistleblowers are complex and you should take detailed legal advice before taking any precipitous action.
Working Time Regulations ensure that a worker cannot be compelled to work over the average of 48 hours in any week. An employer must not terminate an employee that refuses to work over 48 hours per week. The Working Time Regulation provides other rights for workers including the right to paid leave, time off and rest breaks. Night workers have specific provisions built-in to the regulations.