Employment Law
Employment law plays a crucial role in safeguarding the rights and obligations of both employers and employees, ensuring a balanced and fair working environment. For businesses, compliance with employment law is not only a legal obligation but also a
strategic advantage, protecting them from costly disputes and reputational damage. Our solicitors specialise in offering expert legal advice on a range of employment matters, from redundancy and discrimination to contract disputes.
Solicitors are integral in navigating complex employment issues, whether it’s drafting robust employment contracts, advising on redundancy procedures, or representing clients in employment tribunals. For example, redundancy is a sensitive area where businesses must follow a fair process to avoid claims of unfair dismissal. Similarly, discrimination claims can arise in cases of unequal treatment based on gender, race, or disability, requiring careful
legal intervention to resolve.
One of the key commercial benefits for businesses in seeking legal advice is the prevention of disputes before they escalate. By ensuring compliance with employment laws – such as those governing working hours, health and safety, or recruitment practices – employers can maintain a positive working environment and avoid tribunal claims. Our team is skilled in resolving disputes efficiently, whether through settlement negotiation or tribunal representation, minimising disruption to your business. Our approach is both preventative and reactive.
We provide tailored advice on contract drafting to clearly set out the terms of employment, helping to avoid ambiguity and potential disputes later. In cases where disputes do arise, we guide our clients through grievance and disciplinary processes, offering practical solutions to resolve matters swiftly and effectively. By working closely with employers and understanding their commercial objectives, we help businesses navigate the complexities of employment law, ensuring they remain compliant while fostering a fair and productive workplace.
What Can We Help You With?
Common Employment Law Issues and Solutions
Unfair Dismissal
Unfair dismissal is when an employer terminates an employee’s employment contract without a fair reason (as defined under the Employment Rights Act 1996). If you have been unfairly dismissed under the law, you are entitled to challenge the dismissal by making an ‘unfair dismissal claim’ to an employment tribunal. This claim must be submitted within 3 months of being dismissed by your employer.
It is important to work out whether the dismissal is seen as unfair in the eyes of the law. For example, you can usually only challenge your dismissal after 2 years of employment. If you have worked at your company for over 2 years or are pregnant, you have the right to request a written explanation for why your employment contract was terminated and this must be provided within 14 days of requesting it. However, certain reasons such as pregnancy, whistleblowing, or participating in trade union activities will be ‘automatically unfair’ meaning they can be applied irrespective of the length of employment. If you have been discriminated against, you will need to prove that your protected characteristic was the reason why you were dismissed.
Employers are able to challenge unfair dismissal claims by counter-arguing that there is a fair reason for the employee’s dismissal. Examples of fair dismissal include serious misconduct from the employee, redundancy, and that the employee is incapable of performing their contractual duties. It is important that the proper legal procedure is followed when dismissing an employee, including conducting investigations and providing appropriate warnings beforehand.
Discrimination in the workplace
Under the Equality Act 2010, there are 9 ‘protected characteristics’:
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Age
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Disability
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Gender Reassignment
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Marriage and Civil Partnership
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Pregnancy and Maternity
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Race
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Religion or Belief
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Sex
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Sexual Orientation
If you believe that you have been discriminated against i.e. treated less favourably or put at a disadvantage because of one of these characteristics, then you can bring a claim against your employer. Discrimination can be direct or indirect. For example, direct discrimination occurs when someone is denied a promotion solely because of their religion. Indirect discrimination happens when a policy, such as a ban on certain religious clothing (e.g., headscarves), disproportionately affects employees of a particular religion. If you are being discriminated against at work, you should observe your company’s internal grievance procedure and speak to a member of your company’s human resources (HR) team, if it has one. It is important to document all instances of discrimination. Note down specific times and dates and provide as much detail as you can of what occurred.
If you are unable to resolve the issues internally, you should seek legal advice from our legal team or access the resources we have provided at the bottom of this page. You have three months from the date of the most recent incident to make a claim to the employment tribunal.
Employers have a responsibility to ensure that discrimination is prevented where possible. A company should implement appropriate policies and procedures for handling discrimination and all members of staff should be given training to raise their awareness around these issues. They should ensure that equal opportunities are available to members of staff regardless of their characteristics and that reasonable adjustments can be made where required. Any complaints of discrimination should be taken very seriously and treated with a confidential, sensitive nature.
Redundancy and Restructuring
Redundancy is where an employee’s employment contract is terminated because that position is no longer required. Redundancy can occur when an employer needs to make cuts for various reasons such as economic changes or business restructuring. It is no fault of the
employee but a decision in favour of the business needs of the company at the time.
Employees have specific legal rights during the redundancy process.
Employers must be fair and transparent in the process and ensure the below criteria are satisfied to minimise disputes.
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1.Consultation:Employees should be made aware when they are at risk of redundancy. They should be made aware of why the redundancy is necessary and what they can do in the situation.
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2.Notice Period:Employees should be given notice based on their contract and length of employment.
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3.Redundancy pay:Employees who have been with the company for over two years continuously are entitled to statutory redundancy. This can be calculated online at GOV.UK
Employment Contracts
Employment contracts are essential in defining the relationship between an employer and employee, outlining their respective rights and obligations. Various types of employment contracts cater to different working arrangements. Permanent contracts are the most common, often used for full-time or part-time employees, and provide job security with entitlements such as holiday pay, pension contributions, and statutory sick pay.
Fixed-term contracts, on the other hand, are limited to a specific period or project and offer similar rights to permanent employees for the contract’s duration.
Zero-hour contracts, characterised by the absence of guaranteed working hours, are more flexible, allowing employees to accept work when offered, but still providing entitlements such as the minimum wage and holiday pay. Regardless of the type, every employment contract should include key elements such as job duties, working hours, salary, and entitlements.
These express terms must be clearly communicated to avoid misunderstandings. It is also important to include termination clauses, which specify the notice period required by both parties if the employment relationship is to end, whether through resignation or dismissal. Implied terms, such as the duty of mutual trust and confidence, may also be assumed, even if they are not written in the contract.
Disputes can arise from breaches of contract, such as an employer failing to pay the agreed salary, or an employee not fulfilling their duties. Unfair terms, especially in fixed-term or zero-hour contracts, can also lead to grievances. Our firm offers expert guidance on resolving such disputes, advising on the best course of action, whether through negotiation or formal processes such as mediation or tribunal claims. We ensure that contracts are fair, legally compliant, and tailored to protect both the employer’s and employee’s interests.
Workplace Harassment and Bullying
Workplace harassment and bullying are serious issues that can create toxic environments, affecting both employee well-being and business operations. While these terms are often used interchangeably, they have distinct meanings in employment law. Bullying is typically characterised by offensive, intimidating, or malicious behaviour, intended to undermine an individual or group. Harassment, as defined by the Equality Act 2010, is unwanted conduct related to a protected characteristic – such as age, race, or gender – that violates an individual’s dignity or creates a hostile or degrading environment.
Examples of bullying include public belittling, exclusion from key meetings, and unwarranted criticism, while harassment may involve unwelcome sexual advances, derogatory comments, or persistent teasing based on a person’s disability or other protected traits.
The law provides robust protections for employees against harassment, with employers held responsible for taking reasonable steps to prevent such behaviour. Bullying, while not explicitly defined under the law, can lead to claims of constructive dismissal if the employee can demonstrate a breach of trust and confidence.
For employees experiencing bullying or harassment, it is important to document incidents and attempt to resolve the issue informally, such as speaking with a manager or HR representative. If the matter cannot be resolved, a formal grievance can be filed. Seeking legal advice at this stage can be beneficial to understand all available options, including potential claims for constructive dismissal or harassment through employment tribunals or civil courts. Employers must ensure they foster a safe, respectful workplace and address complaints promptly to avoid legal liabilities and maintain a productive working environment.
How the Jonathan Lea Network can support you
Services
Employment Contracts and Policies
A clear, legally enforceable employment contract is more than just a formality. It defines the terms of employment, outlining both employer and employee obligations, rights, and responsibilities. By ensuring clarity in key areas such as job descriptions, working hours, pay, benefits, and grievance procedures, employers can prevent misunderstandings and mitigate the risk of disputes. Similarly, robust workplace policies covering areas like disciplinary actions, health and safety, and equal opportunities contribute to a fair and consistent management approach, protecting both employees and the business.
The contract should also include provisions that address specific commercial risks, such as restrictions on poaching clients or working for competitors. A well-drafted contract helps safeguard your business interests both during the employment relationship and after it ends.
At the Jonathan Lea Network, we offer expert services to help businesses draft tailored employment contracts and workplace policies that are legally compliant and fit for purpose. We ensure that all aspects of the contract meet the necessary legal standards, helping to reduce the risk of future conflicts, from wrongful dismissal claims to breaches of restrictive covenants.
Our team is here to provide ongoing support, reviewing and updating contracts and policies as your business evolves. With our help, you can be confident that your employment documentation is not only compliant with the law but also serves as a valuable tool in maintaining productive, transparent, and dispute-free employment relationships.
Understanding Employment Tribunals
An employment tribunal serves as a legal forum designed to resolve disputes between employees and employers. Common issues that arise in these settings include claims of wrongful dismissal, unfair dismissal, discrimination, and equal pay. Given that employers typically engage in legal representation, it is advisable for employees to seek support from solicitors to navigate this complex landscape effectively.
Our team is well-versed in preparing claims, which is vital given the strict time limits involved. It is crucial to present your case accurately, as employees often have only one opportunity to submit their claim. We ensure that every detail is sensitively handled, from drafting legal documentation and witness statements to compiling schedules for hearings.
Please visit this link to find out more about employment tribunals: Tribunal Claims – Jonathan Lea Network
Common Reasons for Employment Tribunal Claims
Employers must be aware of potential grievances that could lead to tribunal claims. It is essential to address these proactively to avoid costly disputes and protect your business’s reputation. Here are five common reasons why employers may face employment tribunal claims in England:
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1.Failure to Follow the Working Time Directive:Non-compliance with regulations governing working hours, rest breaks, and paid holidays is a leading cause of tribunal claims. Ensuring adherence to these rules not only safeguards employee rights but also mitigates the risk of legal action.
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2.Unauthorised Wage Deductions:Making deductions from employee wages without proper consent or legal justification is another frequent cause of tribunal claims. Employers must ensure that wages are paid promptly and correctly to avoid disputes.
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3.Unfair Dismissal:Claims of unfair dismissal arise when an employee is terminated without a legally valid reason or without following fair procedures.
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4.Age Discrimination:Discrimination based on age, which is one of the nine protected characteristics under the Equality Act 2010, can lead to significant claims. Employers must ensure they foster a workplace free from discrimination and regularly review policies to promote equality.
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5.Non-compliance With the Part-Time Workers Regulations:Employers must treat part-time workers equitably compared to their full-time counterparts in areas such as pay, holidays, and benefits. Non-compliance can result in claims and damage employee relations.
Key Takeaways
Employers should strive to prevent employment tribunal claims as they can disrupt business operations and damage reputations. By addressing grievances proactively and adhering to legal obligations, businesses can mitigate risks associated with tribunal claims. If you face an employment tribunal claim, our team at the Jonathan Lea Network is here to provide expert guidance and support every step of the way.
Useful Resources
Advisory, Conciliation and Arbitration Service (ACAS): Free employment law advice and templates Acas | Making working life better for everyone in Britain.
Citizens Advice: A charity providing free advice and support on various issues, including employment law Work – Citizens Advice.
Equality and Human Rights Commission: Provides guidance on and enforces equality and non-discrimination laws Homepage | EHRC.
Please find our employment law templates here: Employment Archives – Jonathan Lea Network
Our Employment Law Team
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