If you are dismissed or have to leave your job, there can be a number of legal issues, but it can be difficult to identify these and know whether you have an effective remedy. Should you go to a Court or Employment Tribunal? Can ACAS help or is there a better way to achieve the outcome you want. Knowledge is power and these are things it is good to explore with a specialist.
Resignation and Constructive Dismissal
If you resign, do you have to work your notice period? Can you be forced to go on ‘garden leave’ or work from a different location. What if you resign because you have been bullied or other poor treatment (amounting to a breach of the implied term of mutual trust and confidence) and have therefore been constructively dismissed? We have extensive experience advising and dealing with these matters, and can assist you to understand your rights and obligations and to enforce them, including bringing claims of unfair constructive dismissal.
Restructuring and Redundancy
If you are facing a redundancy, you will want to know that the business is going through a fair process and that you are receiving your proper entitlements.
Our experienced and specialist Employment team can help ensure you are aware of your rights and that the correct process is followed. We can help you to identify and challenge any unfair process or selection for redundancy. Where an amicable resolution is not possible, we will help you pursue a claim in the Employment Tribunal.
Restrictive Covenants (including non-compete and non-solicitation clauses and injunctions)
Many employment contracts place restrictions on what you can do after leaving your job. If you breach them, you may be threatened with an injunction or a claim for damages.
Our dedicated employment team has extensive experience in dealing with contractual obligations, advising on the enforceability of restrictive covenants and how to reduce any risk of being sued. We can also help you defend legal proceedings where you are accused of breaching restraints.
Leaving a job under difficult circumstances can leave you concerned about a negative reference.
Our specialist employment solicitors can help you reduce the risk of a bad reference harming your chances of finding a new job and, where you have been given a reference that is unfair or inaccurate, we can help you put it right.
A dismissal may be potentially fair for the following reasons: conduct, capability, illegality, redundancy, some other substantial reason. Even where that applies, the dismissal may be unfair, eg because a fair process was not followed if believe you may have a claim for unfair dismissal.
Our experienced and specialist Employment team employment will be able to discuss with you the merits of a claim and where appropriate giving you Employment Tribunal representation or assist you in bringing a claim.
A wrongful dismissal is where you have been dismissed in breach of contract, for example you have been dismissed without notice or your employer has not followed their contractual procedure.
Our dedicated employment team can provide you with prompt practical advice.
Settlement Agreements or Compromise Agreements
Settlement Agreements (previously known as compromise agreements) are one of the few ways you can agree to compromise your statutory employment rights (such as claims of discrimination or unfair dismissal).
Our experienced and specialist Employment team can advise you on your agreement, ensuring that it is drafted correctly and that you are fully aware of the implications in signing the agreement. We regularly negotiate changes to settlement agreements including increased compensation. We may be able to do the same for you.
We Can Help
At MW Solicitors, our mission is "To make quality legal services accessible to everyone" including those people who are having difficulties with their employer.
Our experienced and specialist Employment Lawyers can assist you to avoid issues in the first place, and help you see them through to a successful conclusion. To speak to one of our team call us today on 020 3551 8500 or email us at email@example.com