No Win No Fee - Employment Solicitors - Compensation Claims
If you need information and advice on your rights as an employee, this website can help you. You can view guidelines which outline whether or not your rights have been violated. If you feel that you have been treated badly you can to talk it over with a qualified employment solicitor who specialises in work related dispute resolution. You can discuss your options and potential actions to protect your legal rights at no cost and with no obligation.
If you have been treated unfairly in the workplace, whether by your employer or by a co-worker, contact our no win no fee employment solicitors today. Every employee has a right to work in an environment that is free from harassment and undue stress. Our employment solicitors are experts at helping their clients recover compensation for suffering caused by unfair practices in the workplace. Contact us today for legal advice on any matter related to employment disputes and legal claims. Experienced no win no fee employment solicitors will provide you with a no charge consultation with no further obligation.
Employment law is complex, encompassing numerous statutes and regulations. Building a strong case often depends on subtle nuances and uncovering hidden motives. Employment disputes are claims best handled by a specialist – a solicitor with the knowledge and the experience to build a solid case.
Regulatory Information
All clients are represented by Oakwood Solicitors of Princes House, 635 Roundhay Rd, Roundhay, Oakwood, Leeds LS8 4BA. You are not required to use employment solicitors to make a claim to the Employment Tribunal and you can make a personal application.
Where our clients are offered no win no fee terms they typically pay 30% which includes VAT as a success fee based on the amount of the award, upon satisfactory conclusion of the case. Dependant on circumstances the amount paid may be less than this figure but it will not be more than the agreed amount.
If your claim does not result in an award, your no win no fee employment solicitors will make no charge. You can cancel your instructions prior to conclusion of the claim however a fee may be payable. If you withdraw early, solicitors may, at their discretion time cost your matter on an hourly basis and bill accordingly. More details are on our legal information page. This website is owned by J Eastwood B.Sc. a qualified legal professional, operating as a claims management company.
Employment Tribunal
If a claim for compensation cannot be settled by agreement then an employment solicitor will make application for the issue to be determined in either the Civil Court or in an Employment Tribunal which is less formal that a court of law and has a more relaxed atmosphere with less stringent procedures. A tribunal has a chairman who is often legally qualified and two other lay members who are nominated from an employers association and from a trades union who contribute to the outcome of the case. There is right of appeal to the Employment Appeal Tribunal.
Compensation & Reinstatement
An employment tribunal may order reinstatement of employment or may award damages or both. In some of the categories outlined above there is no upper limit to the amount of compensation that can be awarded. The tribunal does not however award legal costs to the winner which will be paid from the amount of any award.
Legal Rights
Specialist employment solicitors can give you advice on a wide range of legal rights issues which may be dealt with by an employment tribunal including :-
- unfair termination of employment
- being forced to hand in your notice due to others unreasonable behaviour
- prejudice due to race
- prejudice due to gender
- inappropriate, aggressive or malicious behaviour due to racial differences
- inappropriate, aggressive or malicious behaviour relating to gender
- prejudice due to physical or mental disabilities
- bullying in the workplace
- redundancy and fake redundancy used as an excuse to unlawfully dismiss
- compromise agreements relating to agreed financial terms for termination
- age discrimination
- oppression and harassment due to race or sex
- prejudice relating to pregnancy
- rules governing hours of work
- prejudice due to differences in religion
- prejudice due to differences in sexual preference
Statutory Protection
There are numerous statutes that protect employees from unfair working practices. Legislation also regulates the number of hours that an employee can work and sets minimum levels of pay and also controls the work environment to ensure employees physical and mental safety. There are however still some employers who do not abide by these laws and regulations. Every employer is now obliged to follow set statutory procedures outlined in legislation for employment dispute resolution involving grievances arising from dismissals and disciplinary actions. Directives for filing a complaint at work are covered by legislation that initially came into force in 1994. The aggrieved employee must first put the complaint in writing and address it to the employer. They will give the employer 28 days to respond to the complaint before the employee can make a formal claim to an Employment Tribunal. It is very important that the procedure is followed step by step and that the legal requirements are satisfied if the employee hopes to succeed in claiming compensation.
Formal Procedure
It may affect the outcome of future legal action if an employee fails to make a complaint using the formal procedure as outlined above. An Employment Tribunal may reject a claim or may reduce an award if the original statutory grievance procedure was not properly followed. If the employer fails to follow the protocol there can be similar penalties applied in favour of the employee. Guidelines are offered by the Advisory Conciliation and Arbitration Service (ACAS) on these matters contained in the publication 'Code of Practice on Disciplinary and Grievance Procedures.'. For these reasons it is important that an employee who is in dispute with their employer takes qualified legal advice to ensure that their chances of a successful claim in the Employment Tribunal are not prejudiced by failure to follow the established statutory protocols.
Unfair Dismissal & Constructive Dismissal
Some employment claims centre on the reason or lack thereof, that an employee was dismissed. An unfair dismissal, for example, occurs when an employees job is terminated without justification and/or for an unlawful reason. Constructive dismissal is another type of claim, wherein the employee’s resignation is considered involuntarily due to unbearable working conditions. In cases such as these, the employer is considered to have breached the employment contract, giving way to a solicitors legal claim on the part of the former employee.
Employment solicitors also handle cases where employment was terminated due to redundancy which occurs when an employee is dismissed because the business has closed down or there is no longer a need for their particular skills in the workforce. Most of the time, cases of redundancy are legitimate. There are cases, however, of sham or false redundancy, where it was used as an excuse by an employer who simply wanted rid of the employee.
Redundancy and Settlement Agreements
A lawful redundancy (as opposed to a sham redundancy) can come about in a number of ways if a business is either closing down or no longer requires the particular employees skills to carry out business efficiently. In appropriate cases a statutory redundancy payment must be paid to the dismissed employee however many employers offer more favourable terms by way of a Settlement Agreement which is signed by both parties that sets out the terms of the employment termination. Settlement agreements are usually financially beneficial to the employee however they are a give and take contract and require the employee to take legal advice before they can come into effect. The employer usually pays the legal fees for the employee to take independent legal advice.
Discrimination Harassment & Victimisation
It is illegal for an employer to discriminate against an employee or job applicant on the basis of race, sex, religion, disability, age or sexual orientation. Related to discrimination, but also distinct, is harassment. Harassment involves mistreatment in the workplace, such as bullying, insults and physical attacks, perpetrated by either the employer or a co-worker. Finally, there is victimisation, which occurs when an employee is treated differently or unfairly because they participated in, or have made known their intention to participate in, some type of discrimination claim.
Work Stress
Our employment solicitors operate a specialist, dedicated department dealing with stress at work compensation claims. If you believe that your working conditions are intollerable and have lead to you suffering from a recognised psychiatric illness, just call the helpline and a solicitor who is an expert in work stress compensation will discuss your potential claim at no cost and with no further obligation.
Employment solicitors
The information on this website cannot be directly applied to your situation. It is intended to be a guideline and is not legal advice. You should consult a qualified employment solicitor on matters concerning your complaint. The information on this website should not be a used as a reason for delaying consultation with a professional adviser. The Employment Tribunal places very short time limits on submitting complaints. If you feel that you may have a claim you should consult a legal expert without delay before it is too late or your opportunity to claim compensation may be lost forever. Our specialist employment solicitors provide sound, qualified advice on all matters that are related to working practices in the United Kingdom and are also involved in employment dispute resolution. If you need initial advice at no cost and without further obligation just call the helpline or complete the contact form or email our solicitors offices.
For legal advice at no cost from a highly skilled and experienced employment solicitor simply email or call us on the helpline. Speaking to a solicitor does not obligate you to proceed with your claim and there is no charge for the advice, regardless of whether you take further legal action.