EMPLOYMENT LAW FOR EMPLOYEES
We provide first class advice and legal representation to employees during employment or after termination of employment.
Whether you are a private sector or a public sector employee, you can receive legal support from us.
Employees and former employees at all levels from junior staff to senior management have benefited from our expertise with good results.
This comes from a combination of our empathetic approach and our technical expertise in all aspects of employment law.
Whether you need to protect your job by achieving a successful defense of disciplinary action against you, or you wish to make a claim against your former employer for an unfair dismissal, our firm is here for you.
You may be suffering the emotional or financial consequences of an unfair termination of employment.
Alternatively, you may be experiencing on-going mistreatment in your current employment.
Feelings of helplessness have caused many people to give up their employment rights and potential compensation.
Some of these remedies include a reinstatement to your position, money compensation, an agreed reference or an apology for mistreatment.
If any of the above apply to you, it is better to gain advice from an experienced employment solicitor your rights and remedies.
Do not be intimidated by the size of your employer. Your employer may have greater access to resources like a large legal department that sends you some serious looking letters on good quality letterheads.
Your legal rights do not depend on what your employers say. This is no reason to disown your contractual rights or abandon your statutory rights. Employment Tribunals, County Courts and the High Court will focus on the law and the facts of your matter.
Their main concern will be whether your employer has acted unfairly or unlawfully. Your prospects of success depend on your contract of employment. Also, the events that occurred in your case, your employers’ own policies and all the applicable laws will be thoroughly considered your solicitor.
The amount of evidence you present to us and the additional evidence we can obtain from third parties in order to strengthen your case are the key elements that will determine the outcome of your matter.
You are entitled to respect for your human rights and personal dignity, regardless of whether your employer is large, medium or small.
The good news is that a large majority of employment cases settle by negotiation and agreement between your solicitors on your behalf and your employer or former employer.
We do get good results without an application to the Employment Tribunal, or soon after an application has been filed at Court but before a final hearing at Court.
If your matter has been filed or listed at court for hearing before your employer agrees to settle of court, withdrawing the matter from court would require your employer’s agreement to pay your legal expenses.
Employers tend to enter negotiations and settlement for different reasons. One popular reason is that the employer has made a make mistake in his treatment or dismissal of our client and the employer or his solicitors know that they are likely to fail if the matter goes to court.
Instead of litigating the claim, the employers may find it more sensible to reach a commercial decision that compensation and apology are more cost effective. Litigation at court can be a costly distraction from business and regulatory compliance functions for employers.
Dealing with your claim will require constant correspondence with the employers’ lawyers, attendance at meetings to prepare for court, and if the court matter proceeds to hearings, the employer must make time for attendances. All of these will adversely impact on business productivity and profits.
Frankly, considerations of legal costs and time also apply to employees.
First Continental Solicitors regularly achieve out of court settlements that result in good money compensation for our clients.
Our negotiations for you can also result in the preparation of an agreed reference letter that your employer must send to your potential future employers.
Depending on your instructions and the facts of your case, a formal apology from your employer or former employer may be part of your settlement terms.
If your employer makes an offer of financial compensation and agrees to other terms, we will inform you.
We will then advise you on your options including whether or not we think you should accept the offer.
After you have considered all the circumstances and received advice from us: we will follow your instructions on whether or not we should proceed to the Employment Tribunal.
Your employer may not agree to settle a matter by out of court settlement or may wish to settle but refuses to make a fair offer of compensation payment.
If this happens, our first step is to offer you further advice on the next steps we can take for you.
When negotiating, we keep an eye on the calendar in order to safeguard all your employment rights that are subject to time limits.
At the right time, if your employer is not being reasonable, we will begin to prepare for litigation and seek your instructions.
If we go the Employment Tribunal your case will be strengthened by our experience in the conduct of proceeding before the Employment Tribunal.
Our aim is to see you win at court and to count your case into our team’s long list of success stories and satisfied clients.
After we file your application at the Tribunal, your employer will have to make some disclosures to us in compliance with the with tribunal rules.
However, we will obtain more information from your employer and from any other third parties by submitting a data protection subject access request (DPA) for your entire HR or personnel file.
Our DPA request will lead to receipt of more documents that can be used as evidence, including any disciplinary procedure documents, performance appraisals, any complaints related to you and any responses submitted by you.
Your employer and all other third parties must comply with a strict legal obligation to disclose all the information that we request within 30 days of our receiving our DPA.
We will represent you at the Tribunal hearings and provide all the support you will need to be a good witness when you give your evidence at the Tribunal.