unfair dismissal solicitors in London

Our unfair dismissal solicitors in London are experts in acting on behalf of employees in unfair dismissal discrimination cases. As an employee, you are protected from unfair dismissal if you have two years’ continuous service with your employer. There are certain exceptions: for instance if you have been dismissed because you are pregnant or a whistle-blower, you do not need two years’ service to be able to bring a claim.

Although there are a number of valid reasons why an employee may be dismissed, under the Equality Act 2010 it is unlawful to dismiss an employee because of a health condition which amounts to a disability or the fact they are a woman/man, for example. If you do not have two years’ service, you may instead be able to bring a claim for discrimination if you are dismissed because of a disability or one of the other protected characteristics.

As well as needing to show that there is a fair reason to dismiss an employee, an employer must also follow a fair procedure. This usually involves meeting with the employee to explain why an employer has concerns and trying to resolve any problems informally, for instance offering additional support or reasonable adjustments to help an employee carry out their job.

Where an employee is dismissed, they should be given the opportunity to appeal the decision and any appeal should be considered by a more senior individual who was not involved in the initial decision to dismiss.

At didlaw, our unfair dismissal lawyers in London have expertise in bringing Tribunal claims but also in negotiating with employers to reach settlement without the need to pursue Tribunal proceedings.

Where an employee does want to bring a claim for unfair dismissal, there are strict deadlines to be met and so they should seek advice as soon as possible. If you have a case involving unfair dismissal involving disability discrimination, as unfair dismissal solicitors in London we are here to help you through the process.

ACAS has further information about unfair dismissal on its website.

constructive dismissal

At didlaw we provide professional advice as constructive dismissal solicitors in London. Constructive Dismissal is an employment tribunal claim which occurs when your employer treats you so badly that you consider that you have no option but to resign. You can obtain financial compensation if an employment tribunal finds that you have been constructively dismissed.

A constructive dismissal can arise in a wide range of difference scenarios. It could be because you have been discriminated against; because you have been subject to bullying and harassment; because your employer has reduced your pay and benefits; or any other situation where your employer has committed a serious breach of your employment contract.

Read more about employment law constructive dismissal at the following resources:

ACAS – Constructive Dismissal
CAB – Claiming Constructive Dismissal

Constructive dismissal is a difficult area of law and involves a lot of risks for an employee as you are giving up your job and your income and there is no guarantee that your claim will succeed. If you are considering constructive dismissal claims we recommend that you take legal advice at the earliest possible stage from our constructive dismissal lawyers. Resignation is a big step and your actions prior to your resignation can make a significant difference on the outcome of your tribunal claim in receiving constructive dismissal compensation. If you require support in making a claim, contact us today to speak to our constructive dismissal solicitors.

acas early conciliation

Early conciliation is a free and independent service offered by ACAS which can help you resolve an employment dispute with your employer. ACAS stands for the Advisory, Conciliation and Arbitration Service.

In any event, before lodging a claim with the Tribunal, you must contact ACAS and go through their Early Conciliation process by completing their Notification Form online. Here is the link https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute.

If you do not contact ACAS before lodging your claim with the Employment Tribunal, it will be rejected.

You must contact ACAS on or preferably before the deadline to lodge your Employment Tribunal claims, which is usually three months less one day after the last act you want to complain about. For instance, if you were dismissed on 18 June 2020, you would have to bring a claim no later than 17 September 2020. In certain circumstances it may be possible to rely on a continuing series of acts and the deadline would start from the date of the last act in this series. However, we do recommend that you seek legal advice to ensure you know what are the right time limits are for any claims you may have, as it can be difficult to work out.

Provided you contact ACAS before the deadline, going through the Early Conciliation process extends the time in which you have to file your claim. There are however complicated rules as to how long the time limit is/can be extended, and therefore we do again recommend you get proper legal advice.

Once you have completed the Early Conciliation Notification form, an ACAS officer will contact you and ask for details about the dispute. If you agree, ACAS will contact your employer and give the parties the opportunity to try and resolve the dispute without going to the Tribunal. If either you or your employer does not want to try and resolve the dispute informally, or the dispute cannot be resolved, ACAS will issue an Early Conciliation certificate. You need to keep this safe as you will need its reference number if you decide to lodge a claim with the Tribunal.

One last word, if you submit your own Early Conciliation Notification form, make sure you get the name of your employer correct. Claims have been disallowed because the correct entity for the employer was not filed against – we wouldn’t want that to happen to you.

Click here for the ACAS information on early conciliation: https://www.acas.org.uk/early-conciliation

The CAB website is also excellent, particularly for explaining the quite complicated rules around time limits: https://www.citizensadvice.org.uk/work/problems-at-work/using-early-conciliation/

There is a wealth of useful information available online, and lots of free advice to steer you in the right direction.

acas

Useful guidance on their Equality page around Disability Discrimination and other kinds of discrimination. They have a simple question and answer format on the website covering common questions arising and an excellent telephone helpline 08457 47 47 47 which is managed from Monday-Friday, 8am-8pm and Saturday, 9am-1pm.

rights at work

https://www.acas.org.uk

public concern at work

Public Concern at Work is the whistleblowing charity. Established in 1993, they have led the new approach to whistleblowing that-both at home and abroad – recognises the key role it can play in anticipating and avoiding serious risks that arise in and from the workplace.

employment/work issues:

https://www.citizensadvice.org.uk/work/