Employment, Unfair Dismissal and Redundancy
We act for both employers and employees and can handle a wide range of employment issues. For employees we can negotiate compromise agreement settlements. We can help save employers from unnecessary litigation and provide an experienced dispute resolution service.
Our Areas Of Expertise Include:
Disability discrimination
Disciplinary issues
Dismissal
Employment contracts
Employment policies
Employment Tribunal applications
Equal opportunities and pay
Firing staff
Former employees
Hiring staff
Maternity rights
Parental leave
Paying staff
Protecting confidential information
Race discrimination
Redundancy
References
Restrictive covenants
Sex discrimination
Sickness
TUPE
Unfair dismissal
Our Services Include:
Key Stages
1 - Acas Conciliation
During compulsory ACAS Conciliation the parties are designated with a conciliator from ACAS and attempts are made to settle the dispute before a claim is made. When conciliation ends Acas produces a certificate to evidence that conciliation was completed and the certificate contains a reference number needed to bring a claim in the employment tribunal.
2 - Bringing a Claim
A claim is started when the Claimant submits an ET1 claim form and particulars of the claim.
3 - The Response
The respondent has 28 days to file its ET3 response form.
4 - Case Management
The Tribunal will send out a hearing date with a timetable of directions, which will set out what needs to be done and by when. In more complicated cases the Tribunal will list a preliminary hearing to discuss case management.
5 - Disclosure and Inspection
Both parties send to one another all documents that are relevant to the case.
6 - Witness Statements
Each person that intends to give live evidence at the Tribunal must prepare a witness statement. It is usual that parties will mutually exchange their witness statements before the hearing
7 - Final Hearing
The Tribunal will hear the case and make a final decision.
The entire process is likely to take 12-24 months if tribunal proceedings are required and become defended.
Settlement Agreements:
A settlement agreement is a legal document to settle a dispute between you and your employer, ending your employment contract on terms you both agree to. This typically includes responsibilities for the employer – for example, a payment – and responsibilities for you – typically, to not bring forward any claims of wrongful dismissal or breach of contract. Settlement agreements are drafted by your employer and become binding when signed by you, your employer, and your legal adviser.
Employees are legally required to take independent, qualified advice on the terms and effects of the settlement agreement. Advice from a specialist in employment law is key to understanding what the settlement agreement includes, whether anything is missing, and whether you should accept the offer or seek better terms.
Since independent legal advice is required for the settlement agreement to be binding, employers pay the cost in most cases. In the first instance, your employer may offer a contribution toward your legal fees, rather than the full rate.
We will advise you upon the terms of the proposed agreement and certify that the advice has been given to you and provide these to your employer. They usually pay our fees directly.
Time Scales:
T: 020 8699 3477