Managing Claims from Employees

Managing Claims from Employees

We can help you to manage claims brought by employees or ex-employees. If you are an employee, click here for advice and to see how we can help you.

 

Managing Constructive dismissal claims.

We can protect your business against constructive dismissal claims, which may be brought by employees who have resigned.

Constructive dismissal arises where an employer has committed a breach of contract in such a way as to destroy or seriously impair the relationship of trust and confidence with the employee.  Examples of breaches of contract by an employer entitling an employee to claim constructive dismissal include:

  • Allegations of poor performance which are groundless
  • A reduction in pay, or not being paid at all
  • Being demoted without good justification
  • Disciplinary proceedings which are patently unreasonable
  • Harassment or bullying
  • A change in the nature of the job
  • Stress at work which has not been appropriately addressed
  • Failing to make reasonable adjustments where an employee has a disability
  • Being required to work in breach of health and safety laws

Our employment solicitors can help your business to manage risk and will set out the legal and commercial ramifications of any possible actions.

 

Managing unfair dismissal claims

When an employer dismisses an employee without good reason and/or without following the appropriate process, the employee can potentially raise a legal claim for unfair dismissal.

As a general rule (with some exceptions), an employee must have a minimum of two years’ continuous service to bring a claim for unfair dismissal. We can ensure that your decision-making process concerning dismissals is in line with the permitted reasons. We will check that your policies and procedures are up- to-date, to make sure the process you follow is a fair process.

Given that the law on unfair dismissal is complex, it would be beneficial for your business to take professional advice before any dismissal takes place. If you have an employee you are considering dismissing, our employment team can steer you through the process and minimise risk to your business.

 

Managing discrimination and equal pay claims

Discrimination and equal pay can be a thorny area of law, as job seekers, employees and contractors have extensive legal protection.

Discrimination and equal pay claims can result in damaging publicity for an employer, and are compounded by potentially unlimited compensation being available to successful claimants.

We aim to provide clients with the right tools to ensure they do not fall foul of the law in the first place, including:

  • Getting the right contractual terms and policies in place
  • Regular training of HR, key personnel, and the wider workforce

If an employer does not properly tackle discrimination issues the risks can be serious, potentially leading to claims, lengthy litigation, compensation and harm to corporate brands.

Employers who demonstrate that they truly embrace diversity, foster respect for individuals and do their best to promote equality through a logical approach, are best placed to attract the top talent, vital during both challenging economic times as well as more buoyant periods.  Having effective policies in place ensures you are better placed to successfully defend any claims.

Should your business find itself facing a discrimination or equal pay claim, we have highly experienced professionals to help build your defence, to negotiate settlements where necessary, and steer you through the tribunal process.

When we work with you, you can feel confident in the knowledge that our specialists will proactively get to know your business and provide bespoke solutions to prevent, resolve or defend any discrimination issue that your business may face.