We all want our working lives to be as smooth as possible, unfortunately, it is not always the case and sometimes it can be necessary to speak to an employment lawyer. Here are five signs that you need to speak to an employment lawyer.
1 – You Think You Have Been Unfairly Dismissed
An employer can dismiss an employee but only for the following reasons:
· Conduct/Misconduct.
· Capability/Performance.
· Redundancy.
· Statutory illegality or breach of a statutory restriction.
· Some Other Substantial Reason (SOSR)
If your employer wishes to dismiss you for one of the above reasons and you have 2 years service with them, they are expected to follow a fair procedure before they can do so. If you have worked for your employer for at least two years, you are entitled to a written explanation as to why you have been dismissed and raise your concerns if you think a fair process has not been followed. If you do not think this has been the case, then you should seek advice as a matter of urgency. Remember any potential claims are time-sensitive and it is important to seek advice now.
2 – Automatic Unfair Dismissal
If you have less than 2 years service, you can be still be unfairly dismissed if there has been a denial of your Statutory rights:
Some of your statutory employment rights mean you have the right to:
· a written statement of your terms of employment within two months of starting work
· an itemised payslip
· be paid at least the National Minimum Wage
· not to have illegal deductions made from your pay
· paid holiday
· work a maximum of 48 hours each week
· weekly and daily rest breaks
There are approximately 60 grounds for which an employee can claim automatic unfair dismissal. If you think you have been denied a legal right and wish to discuss this get in touch now.
3 – You are Experiencing Discrimination
The Equality Act 2010 defines 9 protected characteristics and provides protections for you if you have them. You cannot be discriminated against directly or indirectly due to your:
Discrimination is a very complex area of law and there are many strict tests that need to be satisfied before a claim can be successful in a tribunal. If you feel like you are suffering a detriment as a result of treatment by your employer due to one of the above protected characteristics then you need to speak to an employment lawyer to understand your options.
4. You are Recieving Harassment in the Workplace
The Equality Act 2010 also provides protection for those with the above protected characteristics against harassment.
Everyone has the right to feel safe and protected in the workplace. From emotional manipulation or workplace bullying up to physical threats or sexual harassment, no behaviour that makes you feel uncomfortable or threatened at work should be tolerated. If your employer does not care to hear your complaint or tries to dismiss or cover it up, speak to an employment lawyer.
5 – Whistleblowing – Employer Wrong Doing
While your own job may be secure, you may witness some other activities within your job that make you uneasy. Reporting these wrongdoings is referred to as whistleblowing and it takes an enormous amount of courage to come forward. Many people prefer to speak to an employment lawyer first, so they can understand their rights before they take the case forward to law enforcement or other appropriate bodies.
If in doubt, you should speak to an employment lawyer if you feel there is any misconduct surrounding your job. MM Legal offers clear, concise, and confidential advice to our clients. you.
6 – Your Employer Breaches Your Contract
Your Employment Contracts defines the relationship between the employer and employee. No matter what role you are in, you need to ensure that you fully understand the terms of your employment. The terms are ideally placed in writing but often can become varied by custom and practice throughout the term of service over a period of time. An employer cannot unilaterally decide to change the terms of the contract you are engaged in. Any major variations must be made with consultation and consent of the employee. This can be changes to the hours worked, salary amount the location, the job description etc. If your contract provides, minor changes may be possible. If you are concerned, we can review your contract and advise you on its terms. If your employer changes the terms of your contract without consent you may be entitled to leave and claim constructive unfair dismissal. If you feel that there are discussions like the above and you wish to understand your rights you should speak to an employment lawyer.
Get in touch with Ramiza Mohammed if you need advice on a specific workplace matter that is troubling.
