Employment - frequently asked legal questions
1.What paperwork should I expect when I am offered a new job?
Your new employer is obliged to provide you with a written statement of particulars containing the key terms of your employment. This is not necessarily in the form of a contract although, quite often, the organisation will present you with a contract for signing.
2.What is meant by the period of probation?
Organisations will generally prefer that you work three to six months’ probation once you are taken on. Across this period they will review your performance and conduct and it is possible that they may decide to terminate your employment. Across the probationary period shorter notice applies, in accordance with the written terms.
3.Can my employer change my terms?
Your employment contract may contain a clause which reserves the right to the employer to amend the contract. If so the employer may impose new terms, providing it does not act unreasonably.
4.I have heard reference to “constructive dismissal” – what is this?
If the employer has committed a serious breach of the employment contract the employee may treat themselves as constructively dismissed. The breach has to be sufficiently serious to justify the employee resigning and the employee must leave in response to that breach without undue delay. The argument that there has been a constructive dismissal is not straightforward to make out. It is for the Employment Tribunal to decide what amounts to a serious breach of contract, however if, for example, the employer reduces your pay significantly without your consent this is most likely to be considered to be a serious breach of contract.
5.Some of my colleagues are making comments about me in the workplace based on my ethnicity – what is the position?
Harassment is one form of race discrimination against which you are protected. It is where one person behaves towards another so as to engage in unwarranted conduct which has the purpose of violating the other person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Your employer may have equality policies which govern behaviour at work and you may wish to raise your concerns with the Human Resources department.
6.I have received disciplinary warnings from my employer and I am about to announce to them that I am pregnant. Where does this leave the disciplinary action?
If the disciplinary action had been progressed for the reason of your pregnancy then this could have amounted to discrimination. However as the disciplinary proceedings commenced prior to your announcement it would be difficult to allege that the organisation has discriminated on account of your pregnancy. The employer may therefore progress with the disciplinary proceedings and providing they handle this sensitively (for example ensuring that you are in a fit condition to attend) then this would be in order.
7.One of my colleagues refuses to work with me because I am gay – this is causing me a lot of stress. What can I do?
It is unlawful for anyone in the workplace to discriminate against you on grounds of your sexual orientation, thus your colleague’s conduct could amount to harassment in so far as it violates your dignity and/or creates an environment which is intimidating, hostile, degrading, humiliating or offensive. Your employer may have equality policies which govern behaviour at work and you may wish to raise your concerns with the Human Resources department. If they do not address your concerns properly, then you may have a claim in the tribunal.
8.I am facing redundancy but how do I know if they are handling this correctly?
The employer needs to have good grounds for making staff redundancy (for example, less work or moving premises) and it should also follow a fair redundancy procedure. Where there are collective redundancies a more elaborate procedure applies. Sometimes the employer fails to attend to these procedural requirements adequately in which case you may have a claim for unfair dismissal.
9.I think my employer is going to offer me a compromise agreement to sign. What is this?
An employer may on occasion make an enhanced payment offer when terminating the employment of its staff. If this has happened to you, then it is probable that your employer will also ask you to enter into a contract (a compromise agreement) with them setting out the amount of the payment together with your undertakings not to progress any future claims (amongst others). Your employer will ask you to take an independent legal advice about the compromise agreement. We can help with this.
10.I am contemplating pursing a legal claim, can you tell me more about that?
The Employment Tribunal is the usual venue for dealing with employment law issues. Claims should be brought within three months of the date of dismissal or within three months of the date of the action complained of. A limited number of claims can be taken to the civil courts (for example breach of contract) in which case you have six years to bring your claim. Timing is key, as is an objective assessment of the merits of your claim.
11.Can I bring a claim in the tribunal on my own or do I need a solicitor?
You may bring a claim and represent yourself at a tribunal although it is always sensible to take legal advice. Many of the claims available to an employee are complex and in our view it is prudent to instruct a solicitor to act for you in your tribunal claim.
12.If I instruct a solicitor to act for me in a tribunal claim how much will it cost?
You can fund your tribunal claim in two ways. Firstly, you can pay us privately and we will charge you by the hour. We can give you an estimate of our costs at the outset and will update you as the matter progresses. In some instances, we may be able to act for you under a contingency fee agreement whereby we only get paid if you are successful and would then take a % of your damages.
Many of the issues we discuss in the above FAQs are not straightforward and we would urge you to seek our advice before taking action.
Please contact us on 020 7420 7020 or enquiry@sethlovis.co.uk for further advice.