Employment Solicitors

It’s best to seek advice early. Getting legal guidance early on can help you understand your options and avoid matters escalating.

Your employer may be in breach of contract if they fail to follow agreed contractual (express or implied) terms, such as pay, working hours, or notice periods. An employment solicitor can review your contract and advise you on whether a breach has occurred and what steps you can take to address any such breach.

No. A contract of employment can be verbal, in writing or implied through the conduct of the parties. It is, however, recommended to have a contract of employment in writing to ensure clarity of the parameters of the role and employment relationship.

There is also a statutory requirement to provide a written statement of particulars which details the working relationship between the employee and employer on or before the first day of employment. This can take the form of a contract of employment provided the mandatory particulars are incorporated into it and it is provided before day one of the individual’s employment.

Employers are required, by law, to have a written grievance procedure which is shared with their staff via their contracts of employment, their written statements of particulars or their employee handbook.

We encourage employers to provide this information in the form of a grievance policy, which need not be contractual.

Disciplinary action may be taken for a variety of reasons. It could be as a result of the employee’s capability (i.e. their ability to perform their role satisfactorily) or their conduct both in and outside the workplace.

Before implementing any disciplinary action, employers should firstly follow a fair procedure which would include conducting a thorough investigation into the allegations. Depending on the outcome of the investigation, the employer should hold a disciplinary hearing before determining appropriate disciplinary action (if any) is required.

Depending on the nature of the alleged act of misconduct, it may be sufficiently serious to be deemed as ‘gross misconduct’ (e.g. physical aggression and violence, theft, fraud). If a finding is made that an employee has committed an act of gross misconduct, their employer may decide to dismiss them without notice or payment in lieu of notice.

Where there is a redundancy situation in play, and you are an employee with the requisite level of service, your employer should follow a full and fair redundancy process. This involves a period of consultation where you can discuss with them the proposed changes to the business, your ‘at risk’ (of redundancy) status and potential alternatives to redundancy.

During consultation, they should arrange at least one meeting with you individually to discuss the potential redundancy. If there are 20 or more proposed redundancies within a 90 day period in one establishment, then your employer would be required to conduct what is known as ‘collective consultation’ which would include consultation with trade union representatives or employee representatives.

It may be the case that your employer has their own formal redundancy process and/or policy. You are encouraged to request a copy of any such policy or confirmation from your employer as to what the process will look like should you encounter a redundancy situation.

Statutory redundancy pay is calculated using a formula which is based on your pay, length of service and age. For calculation purposes, the length of service is capped at 20 years and pay is also subject to a statutory cap.

Provided you meet the eligibility requirements, you are entitled to:

• 1.5 weeks pay for each full year of employment aged 41 or older
• 1 weeks pay for each full year of employment aged 22 to 40
• 0.5 week’s pay for each full year of employment under the age of 22

It is also worth noting that statutory redundancy pay is typically tax-free up to £30,000.

You may also be entitled to contractual enhanced redundancy pay. Details of this would typically be set out in your contract of employment and/or obtained from your employer. Employers are not obliged to offer their employees enhanced redundancy pay – it is at their discretion as to whether or not they wish to do so.