Common problems employment solicitors deal with
- Unfair or wrongful dismissal, and constructive dismissal.
- Discrimination, harassment and victimisation under the Equality Act 2010.
- Redundancy and TUPE transfers.
- Unpaid wages, holiday pay and whistleblowing.
- Reviewing and negotiating settlement agreements. You must get independent legal advice for one to be valid, and employers often contribute towards the cost.
Time limits are short
Most employment tribunal claims must be started within three months less one day of the dismissal or the act complained of. Before you can make a claim you must normally notify Acas and go through early conciliation, which pauses the clock. Because the deadlines are tight, it is wise to speak to a solicitor as soon as a problem arises.
Paying for advice
Check whether your home or car insurance includes legal expenses cover, and whether your trade union provides free legal help. Some solicitors take employment claims on a no win, no fee basis (a damages-based agreement), taking a percentage of any compensation.
Questions to ask a employment solicitor
- What is the deadline for my claim, and when do you need everything from me?
- Do you take cases like mine on a contingency or no win, no fee basis?
- Is there room to negotiate the severance or settlement offer I have been given?
- What evidence should I start gathering now?
Frequently asked questions
Who pays for a settlement agreement solicitor?
Employers usually make a contribution towards your legal fees for advice on a settlement agreement. The amount is often stated in the agreement itself.
Do I need two years' service to claim unfair dismissal?
For ordinary unfair dismissal there has traditionally been a two-year qualifying period, but this is being changed by recent employment law reforms. Many claims, such as discrimination or whistleblowing, need no qualifying service at all. Check the current rules or ask a solicitor.
What does Acas early conciliation involve?
You tell Acas about your claim and a conciliator tries to help you and your employer reach a settlement. If it does not work, you get a certificate that lets you go to tribunal.