Unfair Dismissal
You can be dismissed for 'gross misconduct' without your employer going through the normal disciplinary procedures, if for example you are violent towards a colleague, customer or property. In most other circumstances, your employer must follow a fair dismissal procedure and have a fair reason for dismissal. If they do not, you may have a claim for unfair dismissal.
Discrimination
It is against the law to discriminate against anyone because of a protected characteristic such as: age, gender reassignment, being married or in a civil partnership, being pregnant or on maternity leave, disability, race (including colour, nationality, ethnic or national origin), religion or belief, sex, or sexual orientation.
Redundancy
Redundancy may occur where:
- The need for the worker has diminished or ceased;
- New systems are introduced in the workplace;
- The position no longer exists;
- The workplace has closed, or will close down;
- The business you work for is moving location.
Your employer must follow a fair process, including consultation and consideration of suitable alternative employment.
Notice Periods and Notice Pay
You must be given a notice period before your employment ends. The statutory redundancy notice periods are:
- At least one week's notice if employed between one month and 2 years;
- One week's notice for each year if employed between 2 and 12 years;
- 12 weeks' notice if employed for 12 years or more.
Holiday Pay Entitlement
Most workers are legally entitled to 5.6 weeks' paid holiday a year (known as statutory leave entitlement or annual leave). This includes agency workers, workers with irregular hours, and workers on zero-hours contracts. An employer can include bank holidays as part of statutory annual leave.
Entitlement to Minimum Wage
Workers must be at least school leaving age to receive the National Minimum Wage. They must be 23 or over to receive the National Living Wage. Contracts for payments below the minimum wage are not legally binding. Workers are also entitled to the correct minimum wage for any work they have done that has not yet been paid.
How we work
We start with a call to understand what has happened and what you want to achieve. If you have a viable claim we will explain your options — internal grievance, early conciliation through ACAS, settlement negotiation, or issuing a claim — and the likely cost, risks and timelines of each. See our pricing page for our Employment Tribunal fee ranges.