Your legal rights
Are you facing dismissal or discrimination, redundancy or a Settlement Agreement? Are you owed wages? or facing bullying or harassment at work?
At Moore Solicitors, we can provide you with advice on these issues
What is unfair dismissal?
Dismissal is if your employer has ended your employment; it would be unfair if it is not for a fair reason and a fair reason could be your conduct, or a true redundancy or your incapability at work. When dismissing you, your employer should have followed a fair and reasonable disciplinary or dismissal process. If they did not, the dismissal could be unfair on procedural grounds.
There is a standard two-year rule to make a claim of unfair dismissal, but there are exceptions to this rule.
Prior to making a claim, you must engage ACAS Early Conciliation, who attempt to resolve the dispute without you taking Employment Tribunal proceedings.
Most claims must be brought within 3 months of termination of employment.
What is discrimination?
Discrimination occurs in many ways and unlawful discrimination applies to the protected characteristics detailed within the Equality Act 2010 (sex/gender, race, disability, religion, age, sexual orientation). There can be in different forms, including direct discrimination, which is comparing yourself with another person, whether real or hypothetical; harassment, indirect discrimination, and for disability matters, a failure to make a reasonable adjustment.
It is a complex area of law and each situation needs to be carefully considered to assess what form of discrimination has occurred.
Time limits are very important and the standard rule is that claims must be brought within 3 months of an incident of discrimination, but again there are exceptions to this rule.
What is redundancy?
Redundancy is when the work you do has reduced, so that there has to be reduction in staff or the work you do is or will no longer continue.
If you feel you need some free initial advice, call Harsha Moore on 01923 238 427 or 07930 968788
Moore Solicitors Meridien House 69 – 71 Clarendon Road Watford WD17 7PF