Employment Law

Constructive Dismissal

What is Constructive Unfair Dismissal?   Constructive Unfair Dismissal refers to a situation where your employer has committed a fundamental breach of contract and as a result of this breach, you feel that you have no other option but to resign from your job.   I think I have a Constructive Unfair Dismissal claim, should…

Disciplinary Proceedings

I have been invited to a disciplinary hearing. What should I expect?   Oakwood Solicitors understand how worrying it can be if you have been invited to a disciplinary hearing and do not know what to expect. An employer should follow the ACAS Code of Practice in relation to disciplinary and grievance procedures. Your employer…

Employment Terms and Conditions and Breach of Contract

Overview As of 6 April 2020, workers must be provided with terms and conditions of employment from their first day of service. If you have not received a copy of your terms and conditions you should ask your employer for a copy. Terms and conditions are a crucial framework for both employer and employee to…

Grievance at Work

What is a grievance? A grievance at work is an issue or problem that an employee might want to raise with their employer. A grievance procedure should be followed if an employee puts a formal complaint in writing to their employer.   Should I raise a grievance? It is always best to try and resolve…

Legal Expenses Insurance

Legal Expenses Insurance (more commonly known as LEI) is a form of insurance that covers expenses incurred during legal disputes, for example an Unfair Dismissal case before an Employment Tribunal.   Standalone cover can be bought, however it is more commonly found to be an add on to Home Contents insurance, other types of insurance…

Pregnancy Discrimination

What is Pregnancy Discrimination?   Pregnancy Discrimination arises when an employee is treated unfavourably in the workplace because they are either pregnant or have recently had a baby. Common examples of pregnancy discrimination can include being dismissed shortly after notifying your employer that you are pregnant or after returning to work following maternity leave. Pregnancy…

Redundancy

Being made redundant or even put at risk of redundancy can be a highly stressful time, particularly if after years of longstanding employment you find yourself in this position.   Can my employer make me redundant? Redundancy can be a potentially fair reason to dismiss an employee. As part of a fair redundancy process, employers…

Settlements and Agreements

What is a Settlement Agreement?   A Settlement Agreement (also known as a ‘Compromise Agreement’ or ‘Package’) is a legally binding Agreement between you and your employer which prevents you from pursuing employment tribunal claims or initiate other legal proceedings against your employer. Often a Settlement Agreement will involve a financial offer from your employer…

Transgender Discrimination

Transgender Discrimination is any form of unfair treatment or prejudice you feel you receive as a direct consequence of the gender by which you have chosen to identify.   You should never be fired, sanctioned, suspended or disciplined because of your identification status. In a survey by Stonewall, they interviewed 871 transgender or non-binary persons…

Unfair Dismissal

If you have been dismissed from work and you believe the reason or reasons for your dismissal was unfair, you may have a claim for Unfair Dismissal.   Can anyone claim Unfair Dismissal? Employees who have been employed for two years or more have a right to not be unfairly dismissed from work. If you…

Whistleblowing

Have you blown the whistle at work?   A whistleblower is someone who reports certain types of wrongdoing or suspected wrongdoing (that is in the public interest) to their employer or relevant organisation. Blowing the whistle at work can be a stressful time as you may feel like you have done the wrong thing, feel…

Workplace Discrimination, Including Harassment

In order to have a claim for workplace discrimination compensation, you must show that you have been treated less favourably than others because of a ‘protected characteristic’.   What is workplace discrimination? If you are being treated unfairly or unfavourably to your colleagues because of who you are, you may have a discrimination claim. The…

Wrongful Dismissal and Breach of Contract

What is Wrongful Dismissal?   A ‘wrongful dismissal’ is when an employer has breached an employee’s contract when dismissing the employee by not complying with the notice provision within the employment contract. For example, dismissing an employee without allowing them to work their full notice period or paying them for the same. Usually an employer…