Unfair Dismissal Solicitors - Leeds Employment Compensation Claims
SOLICITORS HELPLINE 0345 515 0362
The United Kingdom has one of the most regulated and legally complex employment markets in the world offering thorough protection to employees through national and EU legislation. Our specialist unfair solicitors give advice to employees in Leeds on how to deal with employment law issues in a fair, equitable and just manner. Recent changes in legislation have extended the arsenal which can be put to use by employees to ensure that they receive a fair deal from employers. Our unfair dismissal solicitors offer advice on a wide range of employment matters in Leeds including unfair and constructive dismissal, sex and race discrimination including harassment, redundancy payments and employment rights. We deal with all classes of employees, on a no win no fee* basis, ranging from the most junior staff up to senior executives who have been unfairly treated. We also draft and advise upon restrictive covenants and settlement agreements which apply if an employer has offered an employee financial terms upon termination of employment. Use of the no win no fee scheme means that all legal action by our solicitors is without any financial risk for the client.
Our unfair dismissal solicitors deal with a wide range of discrimination cases in Leeds and can take advantage of extensive anti-discrimination legislation which makes it unlawful to discriminate against an employee or a potential employee on the basis of a wide range of issues including sex, race, sexual preference, pregnancy, disability, religion and age. Discrimination can be either direct or indirect which may be simply a more subtle approach to a deliberate intention. Discrimination is still unlawful even if it was not intended and financial awards are unlimited with no mandatory minimum employment period.
Harassment is unwanted conduct usually based on gender, race, sexual orientation or age which is unwanted and affects the dignity of men or women whilst at work. It does not matter that the behaviour was not intended to be offensive to the recipient, what counts is the effect that the behaviour actually had on the recipient. This behaviour can include an unwelcome or hostile act or a series of acts and includes abusive language, offensive jokes and alleged banter, offensive behaviour, name-calling, damage to property, offensive written or visual material including graffiti, vandalism and pictures of a sexual nature. A slightly different form of harassment is victimisation which occurs when a person is treated less favourably than others due to seeking legal advice on employment matters. Harassment issues can be complex legal matters and if you have been a victim of this type of unfair behaviour you should not hesitate to take advice from an employment solicitor.
UK law classes wrongful dismissal in a number of categories including unfair dismissal and constructive dismissal which both amount to wrongful acts justifying an application for compensation or reinstatement. The doctrine of ‘constructive dismissal’ is often used by employment law solicitors, which occurs when an employee has no other realistic alternative than to terminate their own employment due to unlawful behaviour by the employer which entitles the employee to claim unfair dismissal and seek compensation in the Leeds Employment Tribunal.
An employee may be entitled to redundancy pay if an employer decides that they no longer want that employees job to be done by anyone and terminates their employment. This can occur due to new technology, business recession, relocation, mergers or restructuring being concepts well known to the Leeds workforce. There are strict regulations that an employer must follow to justify a lawful redundancy situation. In certain circumstances a dishonest employer may use a sham redundancy as a method of terminating employment which is cheaper than other alternatives and this amounts to unlawful dismissal for which damages are payable.
There may come a time when an employer and employee in Leeds decide by mutual consent to terminate the employer/employee relationship and in doing so both may want a clean break with no possibility of further legal action in the future. In these cases both sides may consult employment law solicitors to draft a legally binding agreement called a settlement agreement whereby an employee accepts financial recompense in exchange for agreeing to certain contractual terms. The employer usually pays the employees legal costs in having the proposed agreement ratified by a solicitor and the no win no fee scheme is therefore not appropriate in this situation. The advantage of a settlement agreement which is effectively a deed of release on a compromise basis is that it provides certainty for both parties and precludes the possibility of expensive court or tribunal proceedings in the future. Many of these agreements are generous to the employee – some are not. Am employee cannot be forced to sign a compromise agreement if it isn't acceptable to the terminated employee who may thereafter attempt to renegotiate the terms or resort to law by application for redress to the civil court or in the Employment Tribunal.
SOLICITORS HELPLINE 0345 515 0362