Employment Law Advice

Employee Advice

1. I have been with my employer for six months and he has told me that he does not need me anymore and just dismissed me with a month's notice. Can I bring a claim for unfair dismissal?

Probably not. In most cases it is a requirement that an employee has at least one year’s service before a claim can be brought for unfair dismissal. There a number of limited circumstances where this is not necessary.

2. My employer has dismissed me on the basis that my role is redundant. I do not accept this, however, as my work has simply been shared around my colleagues.

This is a common scenario in redundancy cases. By definition, a redundancy is where there is a reduced requirement by the business for the number of people to carry out the role. Very often it will be the case that your work will still need doing, but by using a new system or structure whereby your work can be done by less people. However, if the employer recruited someone else around the time of your dismissal then it may be the case that there was no redundancy situation and the dismissal would then be unfair.

3. I have been dismissed for gross misconduct but I did not do what I was accused of. I would like to take them to Tribunal to clear my record. Can I do this?

Not necessarily. Many people think that an Employment Tribunal will focus on whether you did or did not do what you were accused of in this type of claim. However the Employment Tribunal does not consider whether you can be proved guilty of the allegations. Their role is to decide whether, based on the evidence before your employer at the time it made the decision to dismiss you, it was reasonable of the employer to conclude that it was more likely than not that you did what you were accused off, which should be the result of a reasonable investigation.

4. Is there a deadline for filing a complaint at an Employment Tribunal?

Yes, the general rule is three months minus one day from the date of the event complained of. There are exceptions to this such as where the claim is for equal pay or a redundancy payment, where the limit is six months minus one day.

5. Is it correct that I need to write to my employer setting out my complaint before I make a claim to the Tribunal?

No, prior to April 2009 it WAS necessary to lodge a grievance before submitting certain claims, however the law has changed and it is no longer a requirement. It may however be a useful exercise to complete in case your situation can be resolved internally.

6. My employer has offered me a Compromise Agreement in order to end my employment because of some problems we have been having. What is a Compromise Agreement?

A Compromise Agreement is a contract that you and your employer sign to end your employment and prevents you from bringing any claims against it after you have left. For the agreement to be legally binding you must have received advice from a Solicitor as to its contents and terms. Compromise Agreements normally benefit the employer therefore the employer will usually indemnify your legal costs in obtaining advice up to a certain amount normally £250 plus VAT. Once the agreement is entered you are precluded from bringing any action against the employer at any time.