EMPLOYMENT TRIBUNAL SOLICITOR - COMPENSATION CLAIMS
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Our specialist solicitors offer qualified advice on Employment Tribunal cases and on all matters that are related to employer/employee disputes in the United Kingdom. No win no fee claims are totally risk free and if you do not win your case, you do not pay any legal fees or expenses whatsoever. If you need free advice with no further obligation just call us or complete the contact form or email our offices.
Employment Tribunal cases are very common with over 50,000 applications or 'complaints' being dealt with formally every year in addition to many more disputes between employers and employees that are settled on an informal basis by the payment of compensation.
Specialist solicitors deal with a wide range of Employment Tribunal cases including unfair dismissal, constructive dismissal, redundancy, sexual and racial harassment and discrimination and age and disability discrimination. In addition they deal with disputes arising from unlawful wage agreements and unacceptable working conditions.
Employment Tribunal cases are dealt with in a similar fashion to a case that is heard in a civil court however it is less formal and the procedures are less stringent leading to a more relaxed atmosphere. Hearings are held at local offices situated all over the country. Each case is conducted by a panel of three government appointed board members. This board is made up of a Chairman and two lay officers who act independently and listen to both sides of the complaint. The chairman is usually legally qualified with the others nominated by an employers associated and a trades union respectively. There is a right of appeal.
Employment Appeal Tribunal
The Employment Appeal Tribunal (EAT) system was created by the Employment Protection Act 1975. Usually claims can only be forwarded to the EAT when a specific point of law is being appealed. An EAT is presided over by a panel which consists of a judge, appointed by the Lord Chancellor and lay workers with experience in employer relations. Employees are usually represented by a solicitor or a member of a relevant trade union during an appeal. Sometimes, the Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission have the power to represent the claimant. Applicants can also choose to represent themselves. In exceptional circumstances the EAT will allow new evidence. It will only be considered if it meets two conditions. Firstly, the information which is presented could not have reasonably been known at the time of the original hearing and, secondly, the evidence has a significant affect on the hearing. Legal Aid is available to pay for legal representation in an EAT.
Employees in the United Kingdom have clearly defined rights in regards to employment matters that are contained in UK legislation, EC regulations and case law built up over decades emanating mainly from the High Court of Justice and from the Employment Appeals Tribunal. Violation of these rights is often a ground for a complaint and financial compensation. If you need to discuss any of the matters outlined below just contact us for free employment rights advice :-
Health and safety protection
The Health and Safety at Work Act 1974 requires the workplace to be safe for both employees and visitors to the company. All risks must be assessed and appropriate safeguards must be introduced to protect the health and safety of anyone who may be exposed to a risk to their health. There are heavy fines for any company that does not comply with these regulations and the company may be forced to shut down. Any employee regularly exposed to hazards should urgently take employment rights advice from a specialist solicitor as they may be entitled to claim damages for constructive dismissal in the Employment Tribunal and in addition it may be possible to claim compensation for personal injury in a Court of Law.
Working time rights
The maximum number of hours an employee is allowed to work per week is 48 although there are some employees who opt to exceed this number. If an employee chooses to work more than 48 hours per week they have to provide written consent to their employer. Employers are not allowed to require employees to work more than 48 hours per week or to treat them differently if they refuse.
Most employees are entitled to four weeks paid holiday per year. They usually have the choice on when to take their holidays although some businesses can dictate when an employee can take their holiday. The normal four weeks paid holiday, can in some cases include annual statutory holidays including bank holidays etc.
Employees are entitled to receive minimum sick pay according to law. Their employment contract should outline the terms and amount of the sick pay to be received.
If an employee works for more than six hours a day, a rest break of 20 minutes is allowed.
National minimum wage
The National Minimum Wage Act 1998 determines minimum rates of pay for several classes of employee mainly dependent on age. The minimum wage rates are constantly revised and it is the responsibility of the employer to be aware of any changes and to effect those changes.
The chance to join a Trades Union
It is the right of every employee to choose whether or not to join a Trades Union. It is unlawful for an employer to treat an employee differently from other employees just because they chose to join a Trades Union.