Advice to Employees
We offer a comprehensive range of services including advice on:
- unfair dismissal;
- constructive dismissal;
- wrongful dismissal;
- breach of contract;
- race, sex, disability, sexual orientation and religious/belief discrimination;
- breach of Working Time Regulations;
- restrictive covenants; and
- compromise agreements.
We are skilled at negotiating and regularly achieve substantial settlements
for our clients. Where this is not possible, we represent our clients
when their claims are heard in the Employment Tribunal. We are able to
represent
clients at Employment Tribunals around the country.
The team
The team is headed by Stephen Dalling, who is a partner.
Stephen has almost 20 years’ experience in advising both employers and employees upon employment law and practice.
He is assisted by five employment solicitors - Douglas Mullen (Associate), Matthew Gregson, Sima Paw, Matt Wort,
Lorna Hallas and other support staff.
Frequently Asked Questions
Listed below are some questions that are frequently raised by our clients. This is not intended to be a definitive guide, but a general indication of each specific issue.
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1. What action should I take before I bring a claim ?
If your claim is about anything other than unfair dismissal, in most cases
you will be required to submit a written grievance about the treatment that
you have received before submitting your claim to the Tribunal. This grievance
should contain full details of your complaint. You may need to attend a meeting
to discuss your grievance with the employer. If you are not satisfied about
the outcome of your employer’s decision and are offered a right of
appeal, your should appeal and attend any appeal meeting arranged.
If your claim is about unfair dismissal, and if you have been advised of
your right of appeal by your employer, you will need to appeal. However,
if you
have resigned and wish to claim constructive unfair dismissal, then you will
need to submit a grievance as outlined above.
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2. How long do I have to bring a claim?
Generally you have three months from the incident or treatment that you are
complaining about in which to bring a claim. If you have been dismissed,
you will normally have three months from the date when your employment ended
in which to bring a claim. In certain circumstances, where appeal or grievance
procedures are ongoing, you may get an extension to the time limit in which
to bring your claim. However time limits are strictly enforced so if you
are thinking about bringing a claim you should contact us in good time.
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3. How can I pay your fees?
If you would like an initial overview on your employment claim please telephone us on 0800 783 9506 or click here. In appropriate circumstances
we may be able to offer a “no win no fee” agreement. If you enter
into a “no win no fee” agreement we would not charge any fees
if we are unable to recover any compensation for you. However, we would charge
for any out of pocket expenses which were incurred in bringing your claim.
We would only charge fees if we are able to negotiate a settlement or if
we recover compensation in the Employment Tribunal on your behalf. The size
of our fees would depend on the type of case. In most cases, the fee would
be a third of any compensation plus VAT. Discrimination claims tend to be
more complicated and involve more work. We therefore charge a fee of forty
per cent plus VAT where discrimination is claimed. If we are not able to
offer a “no win no fee” agreement or if this does not suit you,
you could pay our fees on an hourly basis. If you have the benefit of legal
expenses insurance, then your insurers may cover our fees but you should
inform them about your claim as early as possible.
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4. How much compensation could I get?
If you have been unfairly dismissed you would be entitled to a basic award
and a compensatory award. The basic award is calculated using a formula that
takes into account your age, salary and length of service. The compensatory
award is based on your financial loss arising from the dismissal. It will
therefore depend on the length of time that you are out of work and how well
paid any new employment is compared with your previous job. There is an obligation
on you to take reasonable steps to minimise your financial loss. You should
therefore ensure that you claim all benefits to which you are entitled and
take appropriate steps to look for work and consider joining employment appropriate
employment agencies. You should keep a record of your efforts to find work
and copies of all relevant correspondence. Please refer to our fact sheet
Finding Another Job for further guidance on this issue. If you
have been discriminated against you would be entitled to compensation for
loss of earnings and injury to feelings. The average tribunal award for the
year 2003/4 was £3,375.00.
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5. When will the tribunal hear my claim?
Once your claim has been submitted the Tribunal usually hear most cases within
six months, although more complex cases may take longer.
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6. Which Tribunal should I bring my claim in?
The Tribunal that you need to claim in will depend on the place where you worked
rather than the place where you live. We can advise you on the correct Tribunal
to bring your claim in and are able to represent clients at Tribunals around
the country.
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7. Can I discuss my claim with you?
If you would like an initial overview on your
employment claim please telephone us on 0800 783 9506 or click here where you will be directed
to our client questionnaire . Once you have completed and submitted this, we
shall endeavour to contact you before the end of the next working day.
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8. Where can I find more information?
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