It can be a daunting and intimidating situation when you find yourself at odds with your employer and you feel the need to seek legal advice. Thankfully, Manak Solicitors are here with a dedicated team of employment lawyers from a vast range of backgrounds who can help guide you through any workplace dispute.

We will help you make sense of your position, advise you on your best course of action, and make sure you approach any dispute from a legal position of strength and safety.

From advice on leaving a business and redundancies, to settlement agreements and workplace disputes, whatever legal support you need, the sooner you get in touch, the more robust your legal standing will be.

You can find information on some of the more common areas of dispute in employment law that we help with below.

As an employee in England, it can be beneficial to seek the help of a solicitor in certain employment-related matters. A solicitor can provide legal advice and representation in a range of issues, helping employees to protect their rights and interests in the workplace

Drafting and Reviewing Employment Contracts

A solicitor can review an employee's employment contract to ensure it is fair and reasonable, and advise on any changes that may need to be made. They can also draft a new contract if the employee is starting a new job. A solicitor can help an employee understand their rights and obligations under the contract, including working hours, pay, leave entitlements, and confidentiality clauses.

Advising on Discrimination and Harassment Claims

If an employee has experienced discrimination or harassment in the workplace, a solicitor can provide legal advice on their rights and the best course of action to take. This can include representing the employee in a claim to an employment tribunal, negotiating a settlement, or advising on other options such as raising a grievance.

Representing Employees in Unfair Dismissal Cases

If an employee has been unfairly dismissed, a solicitor can provide legal representation in a claim to an employment tribunal. They can advise on the strengths and weaknesses of the case and help the employee to gather evidence to support their claim. A solicitor can also negotiate a settlement on behalf of the employee if appropriate.

Advising on Settlement Agreements

A settlement agreement is a legally binding agreement between an employer and employee that settles any claims the employee may have against their employer. A solicitor can advise on the terms of the agreement and ensure the employee's rights are protected. They can also help the employee to negotiate a better settlement if necessary

Advising on Redundancy

If an employee is facing redundancy, a solicitor can advise on their rights and the best course of action to take. This can include representation in a redundancy consultation and negotiating a settlement agreement.

Advising on Wage and Hour Issues

If an employee feels they have not been paid correctly, a solicitor can provide advice on their rights and the best course of action to take. This can include representation in a claim for unpaid wages or a dispute over working hours.

Manak Solicitors can offer valuable support and protection to employees in a range of employment-related matters. By seeking legal advice and representation, employees can ensure their rights are protected and they receive a fair outcome

Areas we specialise in

• Advice for leaving.
• Employment claims.
• Employer contracts.
• High Court claims.
• Workplace disputes.
• Redundancy advice.
• Settlement Agreements.

Redundancy

Redundancy rights are a set of legal protections provided to employees who are facing job loss due to redundancy, which refers to the elimination of jobs within an organization due to various reasons, such as technological advancements, economic downturns, or restructuring. The purpose of redundancy rights is to provide employees with adequate compensation, notice, and support during a difficult and uncertain time

The following are some of the key redundancy rights that employees should be aware of:

• Notice period: Employers are usually required to provide employees with a notice period before terminating their employment due to redundancy. The length of this notice period is usually specified by law or by the employment contract.
• Severance pay: Employees who are made redundant may be entitled to receive severance pay, which is a sum of money that is paid to compensate for the loss of employment. The amount of severance pay is usually based on the length of service and the level of pay of the employee.
• Redundancy consultation: Employers are required to consult with employees who are facing redundancy, to discuss the reasons for the redundancy and the impact it will have on the workforce. This consultation should be meaningful and provide employees with the opportunity to raise any concerns and suggestions.
• Re-employment: Employers should take reasonable steps to assist employees who are made redundant in finding new employment. This may include offering job search support, outplacement services, or offering alternative employment within the organization
• Unemployment benefits: Employees who are made redundant may be entitled to claim unemployment benefits, which are designed to provide financial support during the transition to new employment.

Redundancy rights are an important aspect of employment law and are designed to protect employees who are facing job loss due to redundancy. Employees who are facing redundancy should be aware of their rights and should seek advice from their employer or a legal professional if they have any concerns or questions.

Unfair Dismissal

Unfair dismissal refers to the termination of an employee's employment in a manner that breaches the terms of their contract or is otherwise deemed to be unjust. In England, the law provides protection for employees from being unfairly dismissed, and gives them the right to claim compensation from their former employer

Under the Employment of Employment Rights Act 1996, an employee has the right to claim unfair dismissal if they have been employed for a minimum of two years (with some exceptions) and if the reason for their dismissal was one of the following:

• Discrimination: An employee cannot be dismissed on the grounds of their race, gender, age, disability, sexual orientation, religion or belief.
• Whistleblowing: An employee cannot be dismissed for reporting illegal or unethical behavior within their organization.
• Health and Safety: An employee cannot be dismissed for raising health and safety concerns in the workplace.
• Part-time or fixed-term workers: An employee cannot be treated less favorably than a full-time employee, or a permanent employee.

If an employee feels that they have been unfairly dismissed, they must raise a complaint within three months of the termination of their employment. This can be done through the Employment Tribunal, which is a special court set up to hear employment disputes.

The Employment Tribunal will consider the circumstances surrounding the dismissal, including any evidence that the employee may have, and will determine whether the dismissal was fair or not. If the Tribunal finds that the dismissal was unfair, it may award compensation to the employee, which can include a basic award for loss of earnings, and a compensatory award for other losses such as harm to reputation. It is important to note that employers have the right to dismiss employees for a valid reason, such as poor performance or misconduct. However, the procedure for carrying out the dismissal must be fair, and the employer must follow the correct procedure and provide the employee with a clear explanation of the reasons for the dismissal.

In conclusion, unfair dismissal is a serious issue in England, and the law provides protection for employees from being dismissed in an unjust manner. Employees who feel that they have been unfairly dismissed have the right to raise a complaint and seek compensation, and it is important for employers to follow the correct procedures when dismissing employees.

Whistleblowing

Whistleblowing in England refers to the act of exposing illegal, unethical, or corrupt practices within an organization in England. The act of whistleblowing is protected under UK law, allowing employees to raise concerns about wrongdoing without fear of retaliation.

The Public Interest Disclosure Act 1998 (PIDA) is the primary legislation in England that provides protection for whistleblowers. It covers employees in both the public and private sectors and covers a wide range of disclosures, including concerns about health and safety, the environment, and corruption.

Under PIDA, employers are prohibited from victimizing or retaliating against employees who raise concerns. If an employee is subjected to any form of adverse treatment, they can make a claim to an employment tribunal. In such cases, the employer will be required to prove that their actions were not as a result of the employee’s whistleblowing activities.

In addition to PIDA, there are several other laws and regulations that provide protection for whistleblowers in England, including the Equality Act 2010, the Human Rights Act 1998, and the Freedom of Information Act 2000.

It is important to note that not all disclosures made by whistleblowers are protected under UK law. In order for a disclosure to be protected, it must meet certain criteria, such as being made in the public interest and not being made for personal gain.

Despite the legal protections in place, many whistleblowers in England still face retaliation and difficulty in their careers. However, their bravery in exposing wrongdoings continues to play a crucial role in promoting transparency and accountability in organizations.

Ultimately, whistleblowing in England is protected by several laws and regulations that aim to protect employees who raise concerns about illegal, unethical, or corrupt practices. Whistleblowers play a vital role in promoting transparency and accountability, and their bravery should be acknowledged and celebrated.