Employment law can be an arduous matter to tackle on your own, so it’s important to find the best possible legal support to assist you. At North Ford Solicitors, we’re expert employment solicitors who specialise in employment law, representing clients at employment tribunals, appeal tribunals and the higher courts across Essex.

What’s Employment Law?

Employment law is a vast area of the legal system and covers a whole host of topics that are involved in the employment relationship, largely governing processes and policies you can put in place. Because employment law is such a broad area, it’s important to bring in an expert employment solicitor, should you find yourself in dispute with your employer.

What Does It Cover?

Employment law covers a huge range of topics, but some of the most common areas that are covered include unfair dismissal, constructive dismissal, employment contracts, equal pay, disciplinary procedures, discrimination, sick pay, equality and diversity in the workplace, reasonable adjustments for employees with disabilities and much more. An employment solicitor will have expert knowledge on every avenue of employment law, providing counsel and insider advice on a host of topics.

Unfair Dismissal

One of the most common reasons to hire an employment solicitor is unfair dismissal. Unfair dismissal is where an employer terminates an employee’s contract without a fair reason to do so. An unfair dismissal can also be claimed if the employer had a fair reason but is deemed to have handled the dismissal using the wrong procedure.

The Employment Rights Act 1996 states that employees are entitled to a fair reason before being dismissed. UK employment law states that if an employee has two or more years of continuous service with you, they have the right to bring a claim against your business if they believe that they’ve been unfairly dismissed. The kind of issues that would constitute unfair dismissal include (but aren’t limited to):

●     Requesting maternity or paternity leave.

●     Exposed wrongdoing in the workplace (whistleblowing).

●     Raising Health & Safety issues.

●     Being part of a trade union.

●     Asserting legal rights (e.g. asking to be paid minimum wage).

●     Asked for flexible working.

●     Refused to give up your working time rights - for example, to take rest breaks.

Should an employee find they have been a victim of unfair dismissal, they will be advised by their employment solicitor to take their employer to a tribunal. If the employment tribunal does find your dismissal to be unfair, then the employer will have to reinstate or pay compensation to the employee.

Constructive Dismissal

Constructive Dismissal occurs when an employer has committed a serious breach of contract, entitling the employee to resign in response to their conduct. The employee is entitled to treat themselves as having been “dismissed”, and the employer’s conduct is often referred to as a “repudiatory breach”. It may not just be one incident that amounts to a breach of contract by your employer. Sometimes there is a continuing pattern of behaviour or incidents which, taken as a whole, amount to a breach. For example, there may be a history of bullying and harassment.

If there is a continuing pattern of behaviour, the ‘last straw‘ which leads you to resign should relate to the previous acts, so that together they will amount to a total breach of trust and confidence.

Examples of breaches of contract by an employer entitling an employee to claim constructive dismissal include:

●     A forced reduction of your salary, or the threat of a reduction.

●     Being demoted without good reason or in breach of contract.

●     Allegations of poor performance are unfounded.

●     A complete change in your job expectations.

●     Harassing or bullying.

●     Stress at work that has not been properly addressed, (this includes being overworked).

●     Failing to make reasonable adjustments where you have a disability.

●     Being forced to work in breach of health and safety laws

Discrimination In The Workplace

If you’re dealing with workplace discrimination or unfair treatment, an employment solicitor can provide you with the guidance you need to tackle your employment law case. The protected characteristics are outlined in the Equality Act 2010 and are:

●     Sex

●     Race

●     Religion

●     Pregnancy and Maternity

●     Gender Reassignment

●     Disability

●     Marriage and civil partnership

●     Sexual orientation

●     Age

Direct Discrimination

Direct discrimination occurs when an individual is targeted, treated differently or worse than another employee due to an underlying reason, usually related to someone’s race, religion, age, gender or sexuality. These are known as ‘protected characteristics. Direct discrimination is split into three main categories:

●     Ordinary Direct Discrimination: This occurs when an individual is treated differently because of a protected characteristic. It’s the only type of direct discrimination which may be lawful, but only if it is ‘objectively justifiable’.

●     Direct Discrimination By Association: When an individual is treated differently because of a protected characteristic possessed by another individual with who they are associated. For instance, if you are friends with a work colleague who is discriminated against, it may lead to being discriminated against yourself.

●     Direct Discrimination By Perception: People are treated differently because of a protected characteristic other people think they possess, regardless of whether the perception is correct. For example, mistaking someone’s race, sexual orientation, gender identity or religion.

Indirect Discrimination

Indirect discrimination usually happens when new procedures or rules are implemented that place certain individuals with specific characteristics at a disadvantage. An example of this would be an employer implementing minimum height requirements for a job in which height is not relevant. This would then discriminate against almost all women in the workplace, as well as certain ethnic groups or individuals.

Indirect discrimination is a less obvious type of discrimination and is usually considered unintentional.

Harassment

Harassment is a form of bullying or discrimination aimed squarely at a specific individual. Bullying, nicknames, gossiping and inappropriate questions can all be forms of harassment to humiliate, intimidate or exclude someone. Harassment in the workplace can create a volatile environment for employees to work in. If you or your co-workers have been mistreated or faced harassment whilst at work, you will be able to file a claim.

Victimisation

The final type of discrimination in the workplace is victimisation. Victimisation takes effect when an individual becomes targeted for consistent harmful behaviours. Often this behaviour is triggered when an employee either has or is expected to, perform one of the following:

●     Make an allegation of discrimination.

●     Supported a complaint of discrimination.

●     Give evidence relating to a complaint about discrimination.

●     Raise a grievance concerning equality or discrimination.

●     Bring an employment tribunal claim of discrimination.

By reporting this type of behaviour, you could face victimisation through being labelled a troublemaker, being left out and ignored, being denied a promotion, or being made redundant. However, you don’t need to fear victimisation because you’re protected by the Equality Act 2010.

Sick Leave and Pay

If you need to take time off work because you’re sick, you only need to provide proof of illness after seven days off. You have the right to use your statutory holiday entitlement during your sickness. The weekly rate for Statutory Sick Pay is £95.85 for up to 28 weeks. Your employer can offer more if they have a company sick pay scheme, but can’t offer less.

Gender Reassignment

If you need to take time off in relation to gender reassignment, your employer can't discriminate against you. This should be treated the same as absence because of sickness or injury.

Time Off For Pregnancy

Employers must give pregnant employees time off for antenatal care and pay their normal rate for this time off. The father or pregnant woman’s partner also has the right to unpaid time off work to go to 2 antenatal appointments. Employers cannot change a pregnant employee’s contract terms and conditions without an agreement, if they do they are in breach of contract.

Pregnant employees have 4 main legal rights:

●     Paid time off for antenatal care.

●     Maternity leave.

●     Maternity pay or maternity allowance.

●     Protection against unfair treatment, discrimination or dismissal.

If you are faced with any of these issues in the workplace, it’s vitally important you seek the appropriate legal advice from a proven employment solicitor. They will be able to provide you with all the information you need to resolve employment disputes.

North Ford Solicitors - Employment Law Experts

Based in Romford, Essex, North Ford Solicitors is a firm of fully qualified and experienced employment solicitors specialising in civil litigation, employment law and family law. From county court actions to major disputes conducted in the High Court of Justice, we have extensive experience in handling varied civil litigation cases, employment claims and family disputes. We have significant experience in this industry and we’re able to represent both claimants and defendants dealing with issues such as constructive dismissal, age discrimination and sexual orientation discrimination. Contact us for all your legal needs.