If you are given a settlement agreement, it will be an unsettling time. Being told your employment is ending is the end of a relationship and, for most, this creates worry and anxiety.
If you are thinking of pursuing your claim before an employment tribunal and/or have already started a claim, you should seriously consider having expert representation.
We regularly advise individuals who have complaints against their employer that include elements of discrimination. In order to advise on this complex area of law you need to be dealing regularly with it.
If you have issues at work, your way of raising those is usually to submit a grievance. Your employer's policy may provide for both informal and formal grievances to be raised.
If your employer decides to take action against you because of issues it has with your performance, it ought to follow certain formal procedures that will be similar to a disciplinary process, in that, you should be told about the performance issues and, if invited to a formal meeting, you should be given the right to be accompanied.
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There may be occasions when your employer needs to make redundancies. Your employer may be making lots of people redundant and could trigger the “collective redundancy” requirements, which means certain steps need to be followed. If only a small number of people are affected then the formal requirements are unlikely to apply, but your employer still needs to follow a process and consult with you.
If your employer believes you have committed acts of misconduct, it will instigate its disciplinary procedures. Your employer should have its procedures set out in a written policy and share those with you. Those procedures should take account of and incorporate the ACAS code of practice.
We are regularly asked to advise on contracts of employment and would be happy to review your contract of employment if you are about to accept a new role or if your employer is trying to make changes to an existing contract.
Covenants seek to prevent your ability to solicit or deal with clients of your employer. Sometimes they seek to stop you working in competition and poaching colleagues. We are very experienced in advising on such clauses.
If you believe your employer is acting illegally you may have a potential whistleblowing claim. These apply where you “blow the whistle” about the illegal activity and, as a result, are afforded protection.
TUPE transfers are now more common, and the law is clearer as to when TUPE applies. Its generally with a business sale or when work is outsourced (or insourced). The law protects you if you are affected by TUPE by ensuring that your employment transfers if the work you do moves to another employer.
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