I have an employment issue

Steps to follow

Are you an employee? Your employment status determines what rights you have. If you are paid a salary, do the work personally rather than sub-contract it out, if your employer pays your national insurance, you work exclusively for one employer, and receive holiday pay, then you are most likely an employee. Other types of employment status include casual worker, agency worker and self-employed.
Do you have a written contract stating your terms and conditions? You should be given one within two months of starting work. However, a verbal contract still counts as an employment contract.
Is your issue about discrimination? If so, it must fall into one of the following categories: of age, sex, race, sexual orientation or perceived sexual orientation, religion or faith, or disability. The law does not recognise other types of employment discrimination, such as height. However, you may still have a claim under a different heading.
An employer is legally responsible for ensuring discrimination does not occur in the workplace. Victims of discrimination can bring a claim for compensation in the employment tribunal.
Have you been dismissed unfairly? Except in certain specified circumstances, you will need to have worked for your employer for at least one year before you can claim for unfair dismissal.
Unfair dismissal occurs where the employer does not follow the correct procedures or sacks someone without a valid reason.
Constructive dismissal is where you leave because your employer has fundamentally breached your contract, for example, where he has failed to protect you against bullying or discrimination.
You can be dismissed for gross misconduct. This is conduct so serious that it warrants dismissal for a first offence without notice or pay in lieu of notice. What counts as gross misconduct depends on the nature of the work.
All employers should have a proper grievance procedure, which employees can follow if they wish to raise an issue about their work.
If you have a grievance, you should first raise it with your manager. Once you have passed through your employer’s grievance procedure, you can file a claim with an employment tribunal. An appeal can be made from the employment tribunal to the employment appeal tribunal.
Employees are entitled to at least 4.8 weeks of paid holiday a year. They are entitled to proper rest breaks, and should not work for more than 48 hours per week unless they have opted out of the Working Time Directive regulations. They should be paid at least the statutory minimum wage.
Are you pregnant? Statutory maternity leave is 52 weeks: 26 weeks of ordinary and 26 weeks of additional. If your employer dismisses you because you are pregnant (or you feel this is the real reason) then this is automatic unfair dismissal and you have a valid claim.

What to watch out for

Strict time limits apply when making a claim to the employment tribunal. You should file any claim for unfair dismissal to a tribunal within three months of leaving or you may be ineligible. This is a strict deadline, so move quickly.

Solicitor’s top tip

Employers have a duty to carry out a risk assessment as soon as they learn a worker is pregnant. They must then take any steps necessary to ensure the safety of the worker.

Useful links


Featured Firm Betesh Partnership Address: Cardinal House, Manchester, M3 2LY Phone: 0843 0052 318; 0843 0051 396


LawyerLocator in the News Articles featuring LawyerLocator and White Papers. See Articles

LexisNexis LawyerLocator complies with Rule 9 of the 2007 Solicitors Code of Conduct regarding referrals published by the Solicitors Regulation Authority, and any solicitor to whom we refer you is an independent professional, from whom you will receive impartial and confidential advice. You are free to choose another Solicitor. In the event that you instruct a solicitor, LexisNexis LawyerLocator will be paid a referral fee of up to £40 per solicitor, per accepted enquiry, but this will not be added to your bill.

Steps to follow

What to watch out for

Solicitor’s top tip

Useful links

Free advice

Online services

Useful articles

Featured Firm

LawyerLocator in the News