Employment

**Fair dismissal** occurs when the employer has a valid, statutory reason (like capability, conduct, or redundancy) and follows a fair, reasonable procedure. **Unfair dismissal** happens when the employer lacks a valid reason or fails to follow the correct legal process, making the dismissal wrongful.

The time limits are extremely strict, often just **three months minus one day** from the date your employment ended or the date of the discriminatory act. These deadlines are rigid, making it essential to contact a solicitor immediately to start the process.

Document everything: keep a detailed, dated record of all incidents, witnesses, and communications. Lodge a formal grievance with your employer following their internal policy, and then contact us to discuss pursuing a claim based on protected characteristics (e.g., race, gender, age).

No, you are not obligated to sign immediately. A Settlement Agreement is a legal document where you waive your right to pursue claims against your employer in exchange for compensation. For it to be legally binding, you **must obtain independent legal advice**—we can review, negotiate, and advise you on the offer.

A strong contract is essential for both employers and employees. It clearly defines critical terms (salary, duties, and notice periods) and contains vital clauses for **termination procedures, non-compete rules, and confidentiality**. Without one, both parties are highly exposed to costly disputes and legal liabilities.

Redundancy must be genuine (a reduced need for employees). The employer must follow a fair procedure, including meaningful **consultation**, fair selection criteria, and exploring alternative employment. Failure to follow this process can result in a finding of unfair dismissal.

An Employee Handbook is a vital document outlining company policies on discipline, grievance, sickness, holidays, and IT use. While not all policies are legally mandatory, having clear, compliant procedures is crucial for defending against claims of unfair dismissal or discrimination.

Constructive dismissal occurs when an employee resigns *because* the employer has fundamentally breached the contract of employment (often the implied term of trust and confidence). The employee is effectively forced out and must resign quickly, treating the breach as a dismissal.

A non-compete clause is legally enforceable only if it is no wider than reasonably necessary to protect the employer's legitimate business interests (e.g., client contacts, trade secrets). We review the length, geographical area, and scope of the clause to determine its enforceability.

Compensation usually includes a **Basic Award** (based on age, salary, and length of service) and a **Compensatory Award** (for financial losses such as loss of earnings). The amounts are often capped, and we work to maximize the recovery based on the full scope of your losses.

You must follow a formal, fair, and reasonable procedure: hold a meeting, allow the employee to be accompanied, investigate the complaint thoroughly, and provide a written decision with the right to appeal. Failure to follow process can create a basis for a constructive dismissal claim.

Workplace monitoring is permissible but must comply with data protection law and privacy rights. Employers must inform employees about the monitoring, provide a legitimate reason, and ensure the monitoring is proportionate and not excessive. Clear policies are essential.

In many jurisdictions, specific types of Alternative Dispute Resolution (ADR), such as ACAS Early Conciliation (in the UK), are mandatory before an Employment Tribunal claim can be formally lodged. We guide you through this pre-action stage to seek early settlement where possible.

While a company normally shields directors, liability can be personal in cases involving serious discrimination, harassment, or unlawful deduction of wages. We advise directors on corporate compliance to minimize this personal legal exposure.

**Contact us for a confidential consultation immediately.** Employment matters are time-sensitive. We will assess your situation (whether you are an employee facing unfair treatment or an employer facing a dispute) and provide clear, strategic advice on the quickest and most effective legal pathway.