Types of Claim
Employees have many rights at the workplace and if you feel that your employer or potential employer has breached one or more of your rights, a claim can be made to the Employment Tribunal.
Before submitting a claim, we would advise you to make certain that your claim, at law, has a sound foundation, otherwise you might be subject to a Wasted Costs Order.
Solicitors introduced to clients via Employment Tribunal Claims specialise in all the following types of claims.
Unfair Dismissal and Unfair Selection for Redundancy Claims are only likely to have sufficient value to warrant a Solicitor being instructed when an employer terminates the employment of an employee unfairly and the employee has at least 1 year's service (except for Discrimination, Health & Safety and Public Disclosure claims).
Constructive Dismissal Claims
A claim for Constructive Dismissal is where the employee has, or it is alleged that an employee has terminated the employment because he / she feels that they were forced into resigning and the employee has at least 1 year's service (except for Discrimination, Health & Safety and Public Disclosure claims).
Sex, Race, Disability & Age Discrimination
It is unlawful for an employer or any of its employees to discriminate against you by reason of your sex or sexual orientation – Sex Discrimination, race or religious beliefs - Race Discrimination , any disability you may have - Disability Discrimination or your age – Age Discrimination.
There are no minimum service requirements for a Discrimination claim; indeed Discrimination Claims have succeeded where the discrimination took place as part of the process for applying for a job and/or during the interview process!
If you feel you have a Discrimination Claim, have a read of the section on Harassment Claims as you may have a second claim!
Health and Safety Claims
We have solicitors that specialise in claims where an employee is sacked for refusing to carry out a job which breaches one or more of the Health and Safety regulations or where an employee resigns rather than carry out a job which breaches the Health and Safety regulations.
There are no minimum service requirements for a Health & Safety claim.
Common examples include drivers being instructed to drive more hours than are allowed and catering staff instructed to refreeze food which has been defrosted.
Harassment, Bullying, Stress and Stalking
Harassment Claims which our solicitors specialise in are those which caused you to be either alarmed, distressed, anxious or fear that violence was going to be perpetrated as a result of two separate actions by the perpetrator which when objectively viewed would be considered to be either systematically oppressive or unacceptable.
So, if you have been discriminated against by reason of your sex, age, race, or any disability, or been the victim of stalking, a threat of assault or an actual assault, you may have a claim.
There are a number of potential claims under the Wages Act. The most common are for:
Other common claims are:
Fixed Term Contract
These claims are where your terms of employment specifically state that your employment is for a fixed period of time and your employment ceased prior to the last day of the contract. Examples of those who most commonly have fixed term employment contracts are professional soccer players and managers.
In addition, if the period of your fixed term contract was longer than a year and your employment ceased purely because the term of the contract expired, our solicitors may still be able to help you make a claim.
Working Time Regulations and Statutory Rights
There are many rights employees have under the Working Time Regulations and even more statutory rights under English, Welsh and Scottish Law. The amount of compensation prescribed at law for a breach of these rights is, in many cases too small to make it economically viable to instruct a solicitor. However a breach of some of the regulations can be very lucrative and therefore if you feel that you may have been subject to a breach of the Working Time Regulations or your Statutory Rights by your employer, we would invite you to contact us so that we can discuss the detail with you.
A common example of a breach of the Working Time Regulations which you may consider worthwhile instructing a solicitor to act for you, is being required to work on average, over a 13 week period , more than 48 hours per week without your written consent (even if you gave consent and subsequently withdrew it).
Public Disclosure claims arise where an employer knows or reasonably should have known that working practices within the workplace are against the law and/or against statutory regulations and/or against stated government public policy which it can be shown has been reported appropriately. It is a common myth, that to succeed in a Public Disclosure claim, it is necessary to have reported the "flaw" to a Public Body.
Public Disclosure legislation is particularly complex and is one of the least known rights afforded to employees.
If you are in any doubt about your rights, we would advise you to get advice from a solicitor.
Copyright © 2007 - 2015 Going Legal Limited
2nd Floor, Albion Wharf, Albion Street, Manchester M1 5LN (Registered in England & Wales No: 3785951)
How to Contest a Will
Going Legal Limited is regulated by the Claims Management Regulator in respect of regulated claims management activities (Authorisation Number: CRM19983);
its registration is recorded on the website www.claimsregulation.gov.uk
Going Legal Limited is not a Solicitor's practice - Open to residents of England, Scotland and Wales only