No one wants to have a dispute with their employer, but it happens more often than you might imagine. In some cases, you can resolve the situation by simply talking it out, but in others, you’ll need to bring in some help. A solicitor should be able to give you a better idea of whether or not you can win a legal dispute and how to go about it.
An employment solicitor is someone who can represent you in a difficult situation. They will provide their legal expertise and give you advice on the situation. They can manage negotiations, settle claims for you, and even prepare contracts. It’s certainly helpful to have a solicitor on your side when in an employment-related legal dispute.
There are two areas of employment law, contentious and non-contentious. If you are dealing with a dispute with your employer, you will be focused on the contentious side of employment law.
Types of Legal Disputes Requiring Employment Lawyers
What could occur in a workplace that would result in bringing in a solicitor? There are many different types of issues that can happen and that may require some outside help. These include, but are not limited to:
Disciplinary Proceedings
If something has occurred at work and you were blamed for it, you may face disciplinary measures. This should be carried out according to specific documentation and procedures. However, if you disagree with either the action or the method of discipline, you can often dispute it. There should be clear indications on how to appeal the situation with your employer and this should be the first thing you try.
Where appealing directly to your employer does not work, you may choose to bring in a solicitor. They will help you determine if the situation was unfair and if it can be resolved without the need for a tribunal. In some cases, you may be required to appear in an employment tribunal to present your case. There will be plenty of paperwork involved, as these types of proceedings are quite complex.
Unfair Dismissal
One of the most common claims is unfair dismissal when you feel that you have been dismissed for unfair reasons. For example, if you were dismissed due to race, sex, age, disability, or religion, you can make a claim against the company. In this situation, it doesn’t matter how long you worked for the company.
In most cases, you can only file for unfair dismissal if you have worked at least two years in the position. Before you seek legal counsel, you should appeal the decision based on the existing dismissal procedures, which should be readily available to all employees.
If you do take it to the next level, be aware that you can ask your solicitor to attempt negotiations with your employer. Another option is to take the claim to the employment tribunal, but most managers prefer to figure out a solution than go to the tribunal over things. Your solicitor can help you navigate the complexities of the situation.
Breach of Contract
In cases where your employer is in breach of contract or has not upheld their part in the contract that they signed, you can solicit legal help to manage the situation. A breach of contract is where one person has not complied with their requirements, and this can cause complications in the workplace.
For example, if you were promised training in a certain area, but then this was never provided, the employer may be in breach of contract. You can certainly discuss it with your employer, but if they become hostile about the situation, you’ll need to have some extra help. In this instance, a solicitor will go over the contract and determine if there is a breach or not. You can then decide how to proceed.
Ill Health Dispute
Are you in poor health? In some cases, you may be unable to continue working due to poor health. In this situation, you may be eligible for ill-health retirement. It’s also possible that your employer simply wants to dismiss you due to hours missed at work. There are many issues surrounding this problem and you may find yourself struggling to understand it all. An employment lawyer can take you through what you are entitled to as an employee.
If your employer is fighting your ill health claim, you could end up with a proper legal dispute that can be frustrating to fight. It’s very useful to have a solicitor with experience in this area. They can talk to both you and your employer to find a solution that is legally your right to have.
Harassment
In some cases, you may face bullying at work. This could come from another employee, or it could come from your employer. Either way, if the work environment has become toxic and you no longer feel safe there, this may count as workplace harassment.
There is a range of issues that are considered harassment. These include offensive comments or jokes, verbal and emotional abuse, unsolicited touching, or even personal questions about your race or religion. If you feel unsafe in the workplace due to these questions, you should speak to HR. If necessary, and if the abuse does not halt, you can take it to a solicitor.
Workplace Discrimination
It is also illegal for anyone to be discriminated against in the workplace so if you feel that you are being treated unfairly then you should bring this to the attention of your employer. They should handle the situation but, in some cases, they may be part of the issue. If so, it’s time to bring in a professional. Start by talking to the HR department for your company, then if it is needed, escalate the matter by talking to an employment lawyer. There are many ways to discriminate in the workplace and this may include being made redundant due to age or race, requiring drastically different dress codes and rules for men and women, or singling one person out. As soon as you suspect you are being discriminated against, be sure to seek advice. You may need to get a solicitor involved, but they will be able to advise you on the probability of settling a claim.
There is a range of legal areas that can be used as grounds to make a claim against your employer, but it is also important to be sure you have a case. Your solicitor can help determine this and will also provide you with the necessary aid to take things to the next level.
How to Find Good Employment Law Solicitors
Trying to find “solicitors near me?” Whilst this will certainly give you some options, it’s of paramount importance that you carry out some research before hiring a professional. It’s a good idea to figure out which solicitor, and from which firm, will best represent you and your interests before you hire someone.
First, make sure they have experience in employment law. Any lawyer can offer legal services, but whether or not they have experience will let you know if you should proceed. It’s a good idea to meet with the solicitor and talk to them face to face. You’ll find that you just click better with some solicitors and that, on the contrary, not all of them will inspire confidence. You want someone who is knowledgeable and ready to fight for you.
In the first meeting, you’ll need to explain the situation. You’ll also be queried on how long you’ve worked in the workplace for this employer, what your salary is like, and what led to the current problem. You should bring in any documentation you have and any resolutions you’ve already attempted.
Remember that your solicitor should be completely honest with you. If they genuinely feel that there is no case, they should inform you of this. You can still fight anyway but it would be a losing battle if your claim is not appropriate. It’s essential that you have all the documentation possible when speaking to your solicitor so they can understand everything that has happened.
Finally, you should be able to trust the lawyer you hire. They are the person who will be negotiating on your behalf and this means you need to be confident that they are doing exactly that.
Are you in need of an employment lawyer? Get in touch with us at DJP Solicitors to see if you have a claim against your employer.
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