DP Employment Law - Employee Services
Advice and Help on Unfair Dismissal
Davies and Partners Employment Solicitors have expertise in advising employees on the legitimacy of a dismissal. The law allows 4 main reasons for dismissing an employee fairly. They are: as a result of disciplinary issues, redundancy, and work place performance and “for some other reason”.
Advice on Disciplinary Issues/Hearings
The disciplinary process can be an extremely stressful period of time for an employee. It is important that the employee has access to advice before going into a disciplinary hearing and Davies and Partners' specialist employment lawyers are available to advise employees who are undergoing such a process.
Advice on Employee Grievance Issues
It is good practice for an employee who has concerns about the way that they are being treated to try and resolve matters initially informally with management, if they are unsuccessful in that then they should carefully consider issuing a grievance. Employees should take care to familiarise themselves with the employer’s grievance process or grievance procedure, if available, or otherwise simply put in writing concerns identifying what they are concerned about and why.
Circumstances of Constructive Dismissal
Constructive dismissal occurs when an employee resigns his or her post in circumstances where the employer is in serious or fundamental breach of contract. This can be in relation to a one off event i.e. where the employer suddenly announces without any warning or consultation, substantial changes to an employee’s contract of employment like a unilateral pay cut, removal of company car, reductions in pension contributions, withdrawal of private benefits such as health care and the like.
Discrimination Cases in Employment Law
Discrimination in employment law can take many forms. It can be age discrimination, disability discrimination, sex discrimination, religious or belief discrimination, race discrimination and sexual orientation discrimination, which are known as “protected characteristics”.
Redundancy Issues and Circumstances
In order to be eligible for a redundancy payment an employee has to have two years continuous employment with an employer. In order to render a redundancy legally safe, an employer has to follow a recognised redundancy procedure. The procedure can vary according to the number of redundancies or whether there is only one redundancy.
Whistle Blowing Advice and Protection
The law provides protection to people or employees who whistle-blow. It is not necessarily to establish that you are an employee to gain protection from whistle-blowing. The legislation applies equally to workers, agency staff, directors and anyone who is not genuinely self-employed.