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Employment Law FAQ - Top Questions for Employment Solicitors

 


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Employment law solicitors are experts in their field and know all there is to know about redundancy, unfair dismissal, discrimination, workplace bullying & compromise agreements. Therefore if you believe you have a problem at work such as these you should probably consult and employment solicitor.

However if you are considering approaching an employment law solicitor its worth learning some of the legal basics. That way it will take less time for you to get up to speed when you are talking to your solicitor & discussing the intricacies of your individual circumstances.

How much am I owed in redundancy? Being made redundant is one of the most common reasons for someone to approach an employment law solicitor. You will normally be legally entitled to some money from your employer as a result of your redundancy. This money is usually made up from several sources: any wages you are owed which are outstanding; the pay for the period of notice that you would have been required to work had you been leaving the company; in addition any holiday which you haven’t claimed and you are owed on a pro-rata basis should also be headed your way if you are facing redundancy. You should also receive a redundancy payment as compensation for your dismissal and this part of any severance package is related to your age and how long you have been working for the company. An employment solicitor will be able to provide precise figures on how much redundancy compensation you are due.

What is Constructive Dismissal? While most people will be familiar with the term unfair dismissal, understanding constructive dismissal is less common. Constructive dismissal occurs if you have been forced to resign from your job. You might have been constructively dismissed if your employer has acted unreasonably in breach of your contract. There are many circumstances which can result in constructive dismissal but bullying, excessive workload, demotions & short notice relocation are some of the most common reasons.

Do I have a right to flexible working? Fairly recent changes in the law has given parents certain rights towards flexible working if they have a child under the age of six or a disabled son or daughter under eighteen. These laws don’t guarantee the right to flexible working but do ensure that your employers have the responsibility & “duty to consider” the suggestion. A qualified employment law specialist would be able to tell you whether that duty has been carried out.

What makes a dismissal fair? The line between what makes a dismissal fair or not is often misunderstood. Normally, if the correct procedure has been followed you can be dismissed because of your conduct or your lack of capability or qualifications to do the job. Similarly if you have been made redundant or some kind of legal restriction has stopped your job from being carried out you can be fairly dismissed.

Do I have an Unfair Dismissal Case? If you feel that your employer may have dismissed you unfairly it’s important that you make your complaint with three months of leaving the company or you will have no legal comeback. It’s also worth seeking legal advice as the unfair dismissal laws are complex but normally the company is required to go through three stages to dismiss you fairly. The first stage is they must prepare a written statement explaining why they are considering disciplinary action. After this they must invite you to a meeting providing you with time to prepare & allow you to take along a colleague or trade union representative. If after this stage they have decided to dismiss you must have the right to appeal. If any of these steps haven’t been taken you may well have a case for unfair dismissal which you can take to an Employment Tribunal.

Chris Norton is an expert at Armchair Advice is a UK website providing specialist job loss and employment law advice . Whether you require emotional support, financial advice or info about compromise agreements you can find it at Armchair Advice.

For more information please visit Armchair Advice .

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