- Any thoughts you have had regarding ways in which your redundancy might be avoided, e.g. losing agency or temporary workers first.
- The reasons for redundancies being considered.
- How you have been selected as being at risk and who else is at risk.
- How the employer proposes selecting which employees to retain and which to make redundant (e.g. will it be last in, first out?)
- If you think that the selection criteria are discriminatory, you should challenge this.
- Whether the employer has any other positions available, and if so, might you be considered for them, and if not, why not?
- You might also wish to ask what your entitlements will be if you are made redundant. Some employers will pay only statutory redundancy pay, whereas others are more generous.
OUR LEGAL FAQs
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Firstly, we investigate your claim thoroughly by gathering witness statements, incident reports, medical reports and any other relevant documents about your injuries or illness. Once we have all the information, a full investigation of the events leading to your injury or illness can be made and we will be able to advise you on the chances of winning your case. We would then put forward the claim to the party who was at fault and their insurance company. Most claims are settled before they go to court. However, some will go to court, but we will keep you informed and support you every step of the way. Starting a claim is simple – just contact us on 01425 275555 or FREEPHONE 0800 083 2755 or email firstname.lastname@example.org, for yourFREE initial consultation. There’s no commitment to do anything at this stage.
The amount of compensation you receive will depend on a number on factors, including:
- The seriousness of your injury or illness
- How it has affected your life
- How much money you have lost, or will lose as a consequence
- Whether you will need extra support in the future
We will give you a FREE initial consultation on your claim. Call us now on 01425 275555 or FREEPHONE 0800 083 2755 or email email@example.com. We will advise you on the best way to fund your case. This may be: –
- Conditional Fee Agreement, commonly known as a ‘No Win, No Fee’ agreement.
- Legal Expenses Insurance – as part of your household or car insurance you may have legal expenses cover to help with legal costs.
- Trade Union – if you are a member of a trade union they may provide help with some legal issues.
- Public Funding – this is now only available in cases for children with brain (neurological) injuries resulting in severe disability, which arises during pregnancy, childbirth or up to 8 weeks postnatal.
- Your opponent will pay the majority of our basic legal costs and disbursements (e.g. court fees and medical reports).
- You won’t have to pay a penny out of your own pocket until your claim has successfully come to an end.
- Any of the costs not paid by your opponent will be deducted from your compensation.
- Any disbursements that cannot be recovered from your opponent, will be covered by your insurance policy.
- There are no hidden costs. We will give you regular updates about the costs being charged to your case.
- To help you with your legal costs, the Government has ordered a 10% increase in the amount awarded to you for your pain, suffering and loss of amenity.
- There is no financial risk to you if your claim is unsuccessful.
- You won’t have to pay anything out of your own pocket whilst your claim is being pursued.
- We would make no charge whatsoever to you.
- You will be fully covered by your insurance policy for any disbursements.
- Your insurance policy protects you from any of your opponent’s legal costs.
- There are no hidden costs.
It is very important that you seek advice promptly from one of our specialist solicitors on the precise time limits that apply to your case. There are strict time limits in personal injury claims within which you must have started court proceedings for your claim. Under English law, the limit is usually 3 years from the date of your accident or incident, but this can vary depending on a number of factors. If you have a clinical negligence claim, the time limit is 3 years from the date on which you became aware that you had suffered harm as a consequence of your medical treatment. These time limits do not apply to children (who can proceed at any time before their 21st birthday) and people who have a mental incapacity. There are different time limits if your accident or injury occurred outside England and Wales as time limits and legal procedures vary from country to country. In many countries, the time limits for taking action are much shorter than 3 years. Furthermore, for many air accidents, marine accidents, and criminal injury claims, the time limit is often 2 years. For defective products the time period is either; 3 years from the date that an injury or illness was caused by the product or 3 years from the date you became aware that injury or illness was caused by the product. This is limited to a maximum of 10 years from the date of supply of the product concerned. It includes products given as a result of medical care and applies to children and to people who have a mental incapacity. In some very limited circumstances, the courts may allow a claim to continue beyond the time limit period but you should not assume that any discretion will be applied for your claim. However, even if you believe the time limit for bringing your claim may have expired, it is worth seeking advice from a solicitor on whether the court may allow the claim to proceed. We will give you a FREE initial consultation on your claim. Call us now on 01425 275555 or FREEPHONE 0800 083 2755 or email firstname.lastname@example.org.
If you are concerned about the way in which your claim is being handled, you can raise your concerns with your lawyer. If you are still not satisfied with their response, you may want to consider a second opinion from another law firm. We are happy to discuss your situation in a FREE initial consultation and advise you on what we can do for you. You can then make a decision on whether you wish to proceed with moving your case. If you decide to move your case to us, we will take care of all the necessary arrangements for you. Call us now on 01425 275555 or FREEPHONE 0800 083 2755 or email email@example.com.
A ‘No Win, No Fee’ agreement (also known as a Conditional Fee Agreement or CFA) is an arrangement between you and your solicitor which means that if your compensation claim is not successful, your solicitor is not paid for the work they have done. If you win your claim, your solicitor is paid part of their fees by the other party, typically an insurance company. Any of the legal costs not paid by your opponent will be deducted from any compensation awarded to you. You won’t pay anything until your claim has successfully come to an end. We will assess the prospects of winning your case, review all of the funding options available to you and consider if you are best supported with a ‘No Win, No Fee’ agreement. We will give you a FREE initial consultation on your claim. Call us now on 01425 275555 or FREEPHONE 0800 083 2755 or email firstname.lastname@example.org.
Personal Injury is a term used to describe any type of injury which has been caused to your body whether from an accident at work, a car accident or a pavement accident, to name but a few examples. The term personal injury is also used to describe illnesses or injuries resulting from clinical negligence and industrial diseases including asbestos-related diseases. If you have suffered a personal injury due to someone else’s negligence, you may be able to make a personal injury claim. Contact us for a FREE initial consultation on 01425 275555 or FREEPHONE 0800 083 2755 or email email@example.com.
Employees have the right not to be unfairly selected for redundancy. As an employee, you’re likely to feel a lot of emotions – sadness, anger, hopelessness. However, if you are made redundant, it’s important that you make sure you know your rights and what benefits you’re entitled to. These are some of the questions you should ask: –
You’re a whistle-blower if you’re a worker and you report certain types of wrong doing, usually something that’s happened at work, although not always.The wrong doing you disclose must be in the public interest, meaning it must affect others, e.g. the general public. You can raise your concern at any time, about an incident that happened in the past, is happening now, or you believe will happen in the near future. As a whistle-blower you’re protected by law. You shouldn’t be treated unfairly or lose your job because you ‘blow the whistle’. Examples of when you’d ‘blow the whistle’ would include the following:
- a criminal offence, e.g. fraud
- someone’s health and safety is in danger
- risk or actual damage to the environment
- a miscarriage of justice
- the company is breaking the law, e.g. doesn’t have the right insurance
- you believe someone is covering up wrongdoing.
Gross misconduct can be any conduct where an employee has behaved in a way that represents a serious breach of their contract, making any continuing relationship impossible between employer and employee. This could be something specific in relation to the particular industry sector or job title, and which may not apply to employees who do similar roles for different employers. Examples of acts of gross misconduct include: –
- violence at work
- intoxication from drink or drugs
- fighting or other physical abuse
- continued refusal to obey the reasonable instructions of the manager
- serious breach of health and safety rules.
- would be one that a reasonable employer would have made
- was itself both fair and reasonable in the circumstances.
If the complaint against your employer cannot be resolved informally, you can raise a formal written grievance, without unreasonable delay, to a manager who is not the subject of the grievance. The reason/s why you are lodging a grievance must be clearly stated. You should: –
- start by setting out that you would like to lodge a formal grievance
- set out the circumstances which have led you to write the grievance
- explain why you consider any processes to be unfair
- set out the chronology, with particular reference to relevant facts, including dates, times, parties to any discussions and reference to any relevant documentation
- make reference to how your employer’s actions have affected your health.
Frequent, short-term absences in your company can lower morale as staff have to cover for absent colleagues, making their workloads significantly increase. It can also lead to mistakes, lower productivity, delay projects and cause low motivation. Along with monitoring the absences, you may want to start by introducing some of the following absence management measures which can encourage higher attendance rates and help cut the cost of staff absences: –
- Return to work interviews. These are used as a way of deterring non-genuine absences and ensuring that people’s return is managed smoothly.They can also help to identify any underlying health issues which are causing absences and enable line managers or HR to put measures in place to help workers avoid taking time off in the future.
- Attendance incentives. These can take the form of cash rewards or allowing an extra day’s holiday for anyone with 100% attendance or allowing staff to leave early on the last Friday of the month if they haven’t had a day off.
- Flexible working policies. These allow staff to work from home or shift their working hours around and can help staff achieve a better work/life balance.
- Training for both workers and their managers on how to cope with stress, mental health problems and other wellbeing issues can have a significant impact on absence levels.
- Promoting healthy lifestyles. Encouraging your workers to adopt a healthy lifestyle can reap rewards in terms of your absence rate. Perks like free gym membership or on-site sports facilities encourage workers to exercise. If you’re on a tight budget, organising a weekly work walking or running club is a great way to get your workers exercising.
- Increased stress for employees who feel under pressure to come into work, exacerbated their health problems and resulting in long-term absences.
- Return to work interviews are too interrogating, so some employees will try to avoid the stress they cause by coming into work when they should be at home in bed. To combat this, make sure that you welcome the employee back to work and, as well as finding out why they were absent, check that they feel they’re well enough to be back in the office.
You are entitled to a minimum of 5.6 weeks paid holiday each year (equal to 28 days including Bank Holidays), although you may be offered more than this in your contract of employment. You must take holidays when it is convenient with your employer; there is no absolute right to take the holiday times of your choosing. You cannot decide to take payment in lieu of holiday unless your employment has terminated, in which case you are entitled to any accrued but untaken holiday for that year. Your employer may stipulate that your remaining annual leave is to be taken during your notice period, assuming you are working this, or you are on garden leave. Part-time workers are also entitled to a minimum of 5.6 weeks of paid holiday each year, which is calculated on a pro- rata basis depending on how much you work. For example, if you work 3 days a week, your leave is calculated by multiplying 3 by 5.6, which works out to 16.8 days of annual paid leave. If you need advice on any employment issues, whether as an employee or an employer, then contact us for a FREE initial consultation on 01425 275555 or FREEPHONE 0800 083 2755 or email firstname.lastname@example.org. we are specialists in Employment Law and are accredited members of the Employment Lawyers Association.
Men and women doing equal work and work rated as of equal value, are entitled to equal pay, and this includes bonuses. A woman is employed on ‘like work’ with a man if her work is of the same or a broadly similar nature, and it is for the employer to show that there is a genuine reason for any difference in pay which is not based on the sex of an individual. You are also entitled to know how your pay is calculated. For example, if there is a bonus system, everyone should know how those bonuses can be earned. If you cannot resolve the issues informally, you should lodge a formal grievance in the first instance, clearly setting out your claim. You will need to choose a “comparator” (i.e. someone of the opposite sex) with whom you want to claim equal pay with. Your comparator must be employed either by your employer, or by an associated employer (for example, a parent company), at the same establishment or workplace but not necessarily the same location. Your employer will then investigate your grievance and call a meeting to discuss the issues and then make a decision on whether or not it is upheld. If the informal or grievance route does not resolve matters, you can bring a claim based on direct discrimination under the Equality Act 2010, and such a claim usually needs to be made within 3 months of the last act of discrimination that is complained about. You can also lodge an Equal Pay claim in an employment tribunal under the Equality Act, and such a claim can be made while you are still working or at any time up to six months after leaving employment. Recent case law has held that if the time limit has passed for bringing a claim in the employment tribunal, you can bring an action through the courts as there is a much longer limitation period (6 years) in which to do so. If you are considering taking action, you should keep copies of all relevant communications with your employer, including notes of meetings and emails. This could be powerful evidence in your favour should you need to rely on the same in your claim. As always, it is best to obtain legal advice before pursuing your claim. We offer a FREE initial consultation to discuss your claim. Contact us on 01425 275555 or FREEPHONE 0800 083 2755 or email email@example.com. We are specialists in Employment Law and are accredited members of the Employment Lawyers Association.
A contract of employment does not need to be in writing. It can be verbal or written. An employee is, however, entitled at the very least to a “written statement of particulars” of the terms of employment after being employed for 2 months, assuming there is no contract of employment. The written statement of particulars is not a contract as such, but what it needs to set out includes the following: –
- job title
- commencement of employment
- hours of work
- place of work.
- sick pay and procedures
- disciplinary process
- grievance procedure.
Employment law mediates the relationship between workers (employees), employers, trade unions and the government. Employment law covers a vast area – from employment contracts to dismissal and everything in between. Many businesses find it worthwhile to use an employment lawyer to help ensure that they stay within the law. Complying with employment law keeps your workforce happier and more productive, and saves you the cost and stress of employment tribunal claims. If you need advice on employment law, whether as an employee or an employer, then contact us for a FREE initial consultation on 01425 275555 or FREEPHONE 0800 083 2755 or email firstname.lastname@example.org. We are specialists in Employment Law and are accredited members of the Employment Lawyers Association.