Frequently Asked Employment Law Questions
What do I need to do if my employer asks me to sign a Compromise Agreement?
You need to appoint an independent adviser, usually an employment solicitor. A compromise agreement is a legally binding agreement which you may be given to sign following the termination of your employment. It usually provides for a payment to you in return for your agreement not to pursue any employment claim against your employer in a court or employment tribunal. A compromise agreement is only legally binding if you have received independent legal advice from a qualified adviser. One of our qualified employment solicitors can advise you on the terms and consequences of signing the agreement and certify that the appropriate advice has been given.
Although not obligatory, it is usual practice for your employer to make a contribution toward your legal fees, usually in the region of £350+ VAT. Providing the agreement is well drafted by your employer, usually it will cost you nothing to obtain the independent advice. We can advise you very quickly over the telephone or via email in order to ensure that we provide a swift service.
Do I need to instruct a solicitor to commence my employment claim in an Employment Tribunal?
No, you do not need a solicitor to commence your employment tribunal claim. However, it is very difficult to change the content of your ET1 once it has been submitted to the Employment Tribunal. If you miss something out, you may not be able to pursue that element of your employment claim. It is therefore best to seek legal advice from a qualified employment solicitor at the earliest opportunity before submission of your ET1.
What is the time limit for bringing an employment claim in an Employment Tribunal?
In the majority of cases, there is a 3 month time limit to file your employment tribunal claim.
In many cases, you cannot file an employment tribunal claim until you have raised a formal written grievance with your employer. There is usually a time limit of 3 months in which to do so. In some circumstances, this may extend the time limit for a further 3 months.
How much compensation can I claim in an employment tribunal?
Compensation for discrimination claims such as race, sex, disability and age is unlimited.
The maximum award for unfair dismissal claims is up to £65,300. Further employment figures here
The employment tribunal has the discretion to uplift your compensation by up to 25% where your claim is successful and your employer has failed to follow the correct procedures in relation to your grievance, disciplinary or dismissal.
The employment tribunal may award between 2 and 4 weeks pay if your employer has failed to provide you with written particulars of your employment (terms and conditions or a contract) within 2 months of your start date.
What length of service to I need to have to bring a claim in the Employment Tribunal?
In the majority of cases you require a minimum of 1 year’s service to bring an employment tribunal claim.
You do not require one year’s service for asserting a statutory right such as your entitlement to minimum holiday, minimum wage, maternity leave or requesting a contract of employment.
Is Dyslexia a disability?
Dyslexia, stress and depression are classed as disabilities under the Disability Discrimination Act.
Who can I take with me into a disciplinary meeting?
You have the right to be accompanied by a work colleague or Trade Union representative at any meeting regarding a grievance, disciplinary or dismissal.
How much holiday am I entitled to each year?
As a result of a recent change in the law, you are now entitled to 28 days holiday per annum, including bank holidays.
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