Employment Law Solicitors for Employees

When someone begins a new job, whether full-time or part-time, they should receive a document from their employer that summarises the main terms of their employment.

There are a number of details that should be included in the principal statement. Some of these details include:

• The employer’s name and address
• Job title or description
• Start date (and the date of a previous date if continuous
• Place of work and whether they might have to relocate
• Hours and days of work
• Salary and payment frequency
• Holiday entitlement (and if that includes public holidays)
• Contract length (and what the end date is if it is a fixed-term contract)
• Details of the probation period
• Any other benefits
• Mandatory training and whether or not this is paid for by the employer

Most employers will subsequently issue a more comprehensive contract of employment but this is not mandatory.

If an employee does not receive a written statement of employment particulars and the employee has cause to sue the employer, the employee can claim an award of a minimum payment of two weeks’ salary, to a maximum of four weeks’ salary, subject to the Tribunal’s discretion.  

The Advisory, Conciliation and Arbitration Service (Acas) outlines an employee’s rights and responsibilities. These are:

• Written terms (a 'written statement of employment particulars')
• National Minimum Wage
• Paid holiday
• Payslips
• Protection for 'whistleblowing'
• Protection against unlawful discrimination
• Protection against unfair treatment for working part time
• Parental leave and pay
• Shared Parental Leave and Pay
• Maternity, paternity and adoption leave and pay
• Parental bereavement leave and pay
• Time off for dependants
• Time off for public duties
• Redundancy pay after 2 years' continuous service
• Claiming unfair dismissal after 2 years' continuous service
• Receiving the minimum notice period if dismissed or made redundant
• Flexible working requests after 26 weeks' continuous service
• Protection against dismissal or suffering any detriment if taking action over a health and safety issue

Even where you do not have a written contract with an employer (such as where you are classed as a ‘worker’), you will still have several clear rights under the law. These will include the right to be paid the agreed amount for any work completed, the right to the national minimum wage and the right to paid holiday.

If you are classed as an employee, your written statement of employment particulars should be provided to you on the first day of employment, if not before. The wider written statement can be provided within two months from the beginning of employment. If these particulars are not supplied you may be entitled to further compensation on top of any other claim raised.

A settlement agreement can be legally binding, so long as certain key conditions are met.

The following must apply:

• The settlement agreement needs to be in writing
• It must relate to a specific issue
• It can only be completed/executed after an employee receives advice from an independent adviser (a solicitor or certified trade union representative)
• The employee’s adviser must have appropriate insurance
• The employee’s adviser must be identified
• The relevant statutory conditions regulating the agreement must be stated

Typically, you will have three months less one day from the date of the incident to bring forward an employment tribunal claim. This is known as the limitation date.

You do not necessarily need a solicitor to make an Employment Tribunal claim. However, for the best possible chance of reaching a successful outcome and to ensure that your case is prepared effectively as possible, it is strongly recommended that you enlist the support of a specialist employment solicitor who can guide you through the process and provide tailored employment law advice.

A Settlement Agreement is a binding legal document between an employee and their employer. They are usually presented to employees when termination of their employment is impending for one reason or another. The document will record the terms of departure including any requirements of the employee and employer. Both parties must be happy with the terms recorded or they should not sign.

This may then require some negotiation between the parties to ensure that they are happy to sign, which we will be happy to undertake if necessary. Even if no negotiations are required, the settlement agreement will still need to be overseen by a solicitor to ensure that the employee has received independent legal advice and to make certain that the employee is made fully aware of their rights and the effect of the agreement. 

In addition, the settlement agreement must be compliant with the Employment Rights Act 1996 so this will need to be checked. The employer should contribute towards the employee’s legal costs.

A flexible working request includes reducing your hours, change of working hours, flexibility with times (flexitime), longer hours over fewer days (compressed hours), working from home or elsewhere (remote working) and job sharing. The request could be made to cover all working days, specific days or shifts, specific periods or over a certain time period.

Legally, flexible working requests should only be considered if you are an employee, you have worked for your employer for at least 26 weeks and have not made a flexible working request within the last 12 months. Even if you do not meet these criteria the employer may consider your request but they are not required to.

The request should be made in writing. Any reasons for the change should be given, whether any problems are envisaged with making the change and if so how could those problems be overcome.

The employer is entitled to 3 months to make a decision in respect of the request. The employer does not have to approve the request if there is a valid business reason for not implementing the change. If you disagree with the employer’s decision you should discuss with the employer and/or consult the workplace policy on appealing the decision. 

If you remain dissatisfied you may wish to consider raising a formal grievance. It is best practice to have any changes recorded in writing. If the change concerns working hours, pay, location or holiday entitlement then the changes must be recorded in writing. 

You might be able to make a claim to an employment tribunal if you have a problem at work that has not been resolved. In most cases it will have been sensible to have raised a grievance at work before making a claim to the employment tribunal to allow the employer an opportunity to resolve the issue. 

If you do not you could be penalised if you are successful in your claim against your employer.

In order to be eligible to make a claim you must be an employee and have worked for your employer for 2 years. There are however some exceptions such as being dismissed for an automatically unfair reason and being discriminated against. The 2 year requirement is not required in these circumstances.

If you want to make a claim to an employment tribunal, you must inform ACAS. You will be offered the option of early conciliation. The objective of the service is to assist you and your employer to resolve the issue before what can be a stressful and time consuming claim is made to the employment tribunal. 

No fee is payable for the early conciliation service or to the employment tribunal.

A claim to an employment tribunal must be made within 3 months less 1 day from the event. This is known as the 'limitation date'. If the claim is in respect of redundancy pay or equal pay, then the claim must be made within 6 months. The limitation date will however be paused upon making the early conciliation notification to ACAS. If early conciliation has not been successful then a certificate will be issued and the employee will have one month to make a claim to the employment tribunal.

Firstly you must have been an employee and worked for your employer for at least 2 years. Providing that there was a fair reason for the dismissal, that there was enough reason for the dismissal and that a fair procedure was followed then the dismissal may not have been unfair.

There are however some things that are automatically unfair if, they are the reason for the dismissal and for these you do not have to have worked for your employer for 2 years.

These include:

• making a flexible working request
• being pregnant or on maternity leave
• wanting to take family leave, for example parental, paternity or adoption leave
• being a trade union member or representative
• taking part in legal, official industrial action for 12 weeks or less, for example going on strike
• asking for a legal right, for example to be paid the National Minimum Wage
• doing jury service
• being involved in whistleblowing
• being forced to retire (known as 'compulsory retirement')
• taking action, or proposing to take action, over a health and safety issue

If the employer does not follow a full and fair procedure, you could have a case for unfair dismissal, even if the reason for dismissal was valid.The procedure the employer follows will be taken into account if you make a claim for unfair dismissal and the case reaches an employment tribunal.

If you think your dismissal was unfair and you want to challenge it, you can appeal it through the employer's appeal process. You should consult the workplace policy.If the appeal is not successful then you may wish to make a claim to an employment tribunal.