Month: August 2018

Unfair Dismissal – How to check if your dismissal was unfair.

Recently a case was brought forward seeking unfair dismissal by an individual who was dismissed two days before her two-year work anniversary without the statutory notice period of one week, which would have taken her over the two-year threshold. The claimant argued that the notice period should be granted and therefore claimed unfair dismissal. The respondent in this case, the employer, firmly disagreed and advised the claimant was not entitled to statutory notice because she was dismissed for gross misconduct.

In accordance with the Employment Rights Act (ERA) 1996, the tribunal concluded that the statutory notice had to be included in calculating for unfair dismissal purposes. However, applying s86(6) of the ERA preserved the right to terminate without notice, which includes without a statutory notice period.

With no wrongful case brought to the tribunal of gross misconduct against the claimant, the case was remitted for further findings to be given. 

Employers can dismiss people, however as the case above shows, the employer must have strong evidence and reason before dismissing an employee, but how can you check if your dismissal was unfair? 

What to consider if you think you have been unfairly dismissed

There are three fundamental questions to ask to find out if your dismissal is unfair.

• What is your current employment status?

Your rights depend on whether you are an employee of the company or not.  If you are self-employed, an agency worker, a police officer or in the armed forces, registered dock work, working overseas for a foreign government or a share fisherperson then, unfortunately, you do not have any rights to challenge your dismissal.

• The length of time you have worked for your employer.

Generally, you can only challenge a dismissal if you have been employed for two years or more with the said company.

• You’ll also need to check if the law states the reason of your dismissal was unfair.

The Evidence

You need to show and prove that the dismal happened as only then can you challenge the dismissal. The evidence needed will be in the form of an official termination letter, this can include emails or text messages from your employer.

If your employer has either ended your contract (with or without notice), refused to renew your fixed- term contract, made you redundant which includes voluntary redundancy, dismissed you for going on strike or stopped you coming back after maternity leave, then you have been dismissed.

If you have been suspended or have resigned by choice, you have not been dismissed. 

The law states its unfair to be dismissed because of an ‘automatically unfair’ reason or discrimination. You will be advised by your employer the reason for your dismissal. If your dismissal is for any of the following reasons, then it is ‘automatically unfair’:

• Pregnant or on maternity leave
• Have asked for your legal rights to be met
• Acted against a Health and Safety issue
• Work in a shop or betting shop and refused to work on a Sunday
• Are a trade union member who took part in trade union activities
• Whistleblowing, you have reported your employer for any wrong doing.

It’s also automatically unfair if you have been employed for at least two years and the business is transferred to another employer or you didn’t declare a spent conviction.

Discrimination means you have have been dismissed for the following reasons:

• Pregnant or on maternity leave
• Race, ethnicity or country
• Married or in a civil partnership
• A man or a woman
• Disabled
• Lesbian, gay, bisexual or transgender – or seen to be
• Region or set of beliefs
• Age

 

You only have three months, less a day from when you were dismissed to challenge the decision, so you need to understand the reason why you have been dismissed and check if it falls into one of the above categories for further action to be taken.

If you think you have been dismissed unfairly we can help. Please remember there are strict time limits in Employment claims and you should take legal advice as soon as possible.

In addition to No Win No Fee, Lawson West solicitors act for clients on a variety of other funding arrangements including Legal Expenses insurance funding. We can assess your case to decide which is the best funding option for you.

With offices in Leicester, Wigston and Market Harborough our employment solicitors and lawyers can discuss your employment law claim at any of our branches. In addition, we are a national provider of expert employment law advice and welcome a free discussion with you regarding your circumstances and potential claim. Call 0116 212 1000 for more information.

If you believe you have a situation where you require free legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively fill in our Contact Us form and we will get in touch as soon as possible.

Domestic abuse may take place behind closed doors, but it has far reaching consequences and is known to have a detrimental impact on the working lives of those living in such circumstances. The scale of the problem is huge. In the UK, in any one year, more than one in five victims of domestic violence take time off work because of abuse and two per cent lose their jobs as a direct result of the abuse. Is it time for the UK government to follow in the footsteps of New Zealand and Philippines and introduce a new legislation for victims of domestic abuse.

The ability to take time off from work without facing disciplinary action or losing out on pay is crucial for survivors of domestic violence who are trying to escape an abusive relationship. Having found the courage to confront the situation they require time to find a new home, make suitable arrangements for their children, seek legal advice, receive medical assistance and get their lives back to normal.

This week New Zealand have followed in the steps of the Philippines and have introduced a new legislation to support the victims of domestic abuse. The new legislation means companies must grant domestic abuse victims an additional 10 days paid leave from work.

New Zealand has one of the highest rates of domestic violence in the developed world and this new legislation demonstrates that they are actively trying to address the problem by offering support, on a national level, to survivors.

The new legislation will come into effect in April next year and stipulates that any person experiencing domestic violence will be entitled to 10 days paid leave from work, which will be in addition to standard holiday and sick leave entitlements.

Victims will not be required to provide proof of their circumstances and will also be entitled to fast-tracked flexible working conditions to enhance their safety, such as altering their email address, having their details removed from the business’s website and where feasible relocating.

A spokeswoman from Women’s Aid in New Zealand commented “We hope that this momentous legislation will mark a change with other countries, including our own, taking positive steps to do more to support survivors stay in work”.

Domestic Abuse must not remain a taboo in society. The sizeable move made by New Zealand will hopefully increase people’s awareness of the issue and push other countries to change their legislations relating to the issue. The ordeal is enough in itself but additional pressures including work commitments, along with a lack of available support can only make the victim feel more vulnerable and helpless.  This move will go some way towards helping to reduce these pressures and there is hope that other countries such as the UK will look to follow suit.

Coming to work may be the only safe haven a victim of domestic abuse has and at times even this can be compromised.  Every circumstance is different and the way one individual deals with the matter will be polar opposite to another. Therefore, if a colleague approaches you about such matter, you must approach the situation sensitively and professionally as it may be the first time they have ever opened up about what they are experiencing. As an employer in the UK it is down to your discretion on what provisions you make for the individual. If it is having a detrimental impact on their health and welfare both physically and mentally you must be conscious of this and make any reasonable adjustments necessary to avoid falling foul of any discrimination issues.

Supporting employees who are experiencing domestic violence is crucial. Without a job and a source of income, those experiencing abuse are less likely to find a way of escaping. The emotional support of a colleague could also be an important life line and may reduce the feeling of isolation.

There is yet to be any laws introduced in the UK relating the treatment of employees suffering domestic abuse, but this is not to say this will always be the case.

If you find that you can relate to any of the issues in this article we can help. Please remember there are strict time limits in Employment claims and you should take good free legal advice as soon as possible.

In addition to No Win No Fee, Lawson West solicitors act for our clients on a variety of other funding arrangements including Legal Expenses insurance funding. We can assess your case to decide which is the best funding option for you.

With offices in Leicester, Wigston and Market Harborough our employment solicitors and lawyers can discuss your employment law claim at any of our branches. In addition, we are a national provider of expert employment law advice and welcome a free discussion with you regarding your circumstances and potential claim.

If you believe you have a situation where you require free legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively fill in our Contact Us form and we will get in touch as soon as possible.

Employment tribunal claims spike whilst refunds remain unpaid.

One year after the ruling: what’s happened?

One year on from the Supreme Court ruling to scrap employment tribunal fees, the number of people considering bringing an employment issue to tribunal has risen by 30%, whilst 80% of tribunal fee refunds remain unpaid.

How has the ruling affected employment tribunal claims?

The number of people considering bringing an employment law issue to tribunal in any given week has risen by nearly 30% in the past year, since it was declared that tribunal fees were unlawful and “a huge barrier to justice”.

According to an annual report by the Advisory, Conciliation Arbitration Services (Acas), the number of notifications to bring about a claim has risen by 29.4%, from 1,700 per week to 2,200 per week, following the Supreme Court’s decision last July.

The report also showed that a higher proportion of notifications have subsequently lead to a claim being lodged at an employment tribunal.

“The number of people deciding to pursue a tribunal claim has definitely increased since the Supreme Court decision to scrap fees,” said Chair of Acas Sir Brendan Barber.

The top three claim categories were discipline, dismissal and grievances; contracts; and wages and the National Minimum Wage.

What has happened to those who are due to be refunded?

One year after the Supreme Court ruling that rendered employment tribunal fees unlawful, thousands of claimants who paid these fees continue to be out of pocket. According to figures published by the Ministry of Justice, it has thus far refunded around £6.6 million of the total £33 million due to be refunded, which leaves 80% of employment tribunal refunds unpaid one year after the ruling.

The government announced immediately after last year’s ruling that it would refund those claimants who had paid a fee and would set up an official refund programme as of October 2018.

Following markedly slow progress in the issuing of refunds, the government recently backtracked on its decision not to contact eligible claimants directly, accepting that the refund process needed to be moving more quickly than it was, and Justice Secretary David Gauke confirmed that “further action was necessary” in order to ensure that claimants were being refunded in a more timely fashion.

What to do if you’re due a refund

If you took an employment law issue to an employment tribunal prior to July 2017, were subsequently charged a fee for doing so, and are yet to be refunded, the employment team at Lawson West is able to help. The professional, knowledgeable and experienced employment team at Lawson West is able to assist you in recovering these “unlawful” fees and ensure that you are refunded in as timely a manner as possible.

For further advice, or to make a claim, contact Lawson West’s employment team today on 0116 212 1000, or fill out a contact formand we will be in touch with you shortly. Alternatively, you can find more information concerning refunds for employment tribunal fees on our website.

Following two European harassment cases that resulted in compensation being awarded, what constitutes as harassment in the work place?

Case one:

In the first case, the focus was the psychological treatment of an employee by her manager which consisted of humiliating language, threats, swearing and insults. As a result, the employee was singed off work by the local Health Authority with anxiety and when assistance was requested, it was denied. This case also highlighted a personal relationship between the employee and manager. The manager was the parent of the employee’s close friend. At first the case was dismissed by the European Parliament based on the relationship between the two, however; The General Court over turned the decision on the grounds the behaviour caused an inherently stressful atmosphere and environment to work in.

Case two:

The second case again held in Europe focuses on a career that had been damaged by bullying within a European Investment bank. The employee was granted compensation from the employer however a confidentially restriction was imposed. The General Court, although agreeing with the ruling, overturned the confidentiality restriction due to it being in the public interested and such findings of harassment should be in the open to prevent further harassment occurring. 

What is harrassment and how are we protected?

These two cases show different forms of harassment and how differently each case effected the claimants but what is considered as Harassment and how are we protected? 

The Equality Act 2010 protects employees from harassment and bullying at work from the employer or other work colleagues and is a form of unlawful discrimination.

When someone’s behaviour becomes unwanted or unwelcome which ultimately has effect on an employee by either violating their dignity or causing their environment to feel intimidating, hostile, degrading, humiliating or offensive, then the employee is being unlawfully harassed as these are all examples of harassment and bullying.

Unwanted behaviour can be in written form such as emails or spoken words, these may include threats or abuse and offensive comments using social media or cyber bullying.  Unwanted physical behaviour may include physical gestures, facial gestures, jokes, teasing and pranks.

Harassment in the work place can also include discrimination against someone’s age, disability, gender reassignment, race, religion or belief, sex or sexual orientation. This enables the Equality Act to protect characteristics, so everyone is treated fairly and can work in an open environment.  

Sexual harassment has become a more prominent focus in the media recently with one in five women reporting they have experience sexual harassment in the work place in 2017. https://www.telegraph.co.uk/news/2017/10/25/two-five-women-have-sexually-harassed-workplace-poll-shows/

 As the two cases above show, regardless of the industry you work in or your relationship with the employer any unwanted behaviour targeted towards you is harassment.

What to do if you think you have a Harassment claim?

If you find yourself being harassed in the work place,we can help. Please remember there are strict time limits in Employment claims and you should take good free legal advice as soon as possible.

In addition to No Win No Fee, Lawson West solicitors act for our clients on a variety of other funding arrangements including Legal Expenses insurance funding. We can assess your case to decide which is the best funding option for you.

With offices in Leicester, Wigston and Market Harborough our employment solicitors and lawyers can discuss your employment law claim at any of our branches. In addition, we are a national provider of expert employment law advice and welcome a free discussion with you regarding your circumstances and potential claim.

If you believe you have a situation where you require free legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively fill in our Contact Us form and we will get in touch as soon as possible.