Employment Law
I am being bullied and harassed at work, what should I do? Show answer
Ask for your employer’s grievance procedure and any policy it may have on bullying and harassment. You should then list all incidents that have occurred and can lodge a grievance; be specific about what has occurred.
It is unlawful to harass a member of staff under certain categories such as sexual harassment, racial harassment and harassment on the grounds of disability. Should you consider you have been harassed under a specific category it is possible to make a claim to an Employment Tribunal. Claims should be made within 3 months of an incident. Should you need further advice or information call our Employment specialists on 020 7025 2020
I have been discriminated against at work, what should I do? Show answer
You should make detailed notes of all incidents that have occurred and follow your employer’s grievance procedure. Be specific in your complaint with names, dates, times, where you were and what was said or done as far as possible.
You can make a claim to an Employment Tribunal and if you want to do so you must make the claim within 3 months (i.e. incident occurs on 30 January 2006, claim must be lodged by 29 April 2006).
Should you want assistance with your grievance or a claim to an Employment Tribunal you should call our specialist Employment Department on 020 7025 2020.
I believe that I have been unfairly dismissed, what should I do? Show answer
You should appeal against the dismissal. Your employer should have a policy on disciplinary and appeals. You should follow that procedure.
To make a claim to an Employment Tribunal you must lodge the claim within 3 months of dismissal. This means that if you were dismissed on 27 February 2006, your claim must be lodged by 26 May 2006.
Information on Employment Tribunal procedure is available at www.employmenttribunals.gov.uk
For assistance with appeals and claims to the Employment Tribunal call our specialist Employment Department on 020 7025 2020
I have not been paid my wages Show answer
Initially you should speak to your employer, or your employer’s payroll department. Find out if there has been an error and ask when the problem will be resolved. If your employer is refusing to pay you for some work that you have done, you can make a claim to an Employment Tribunal; which must be lodged within 3 months. If you are owed money from over 3 months ago, or are a worker and not an employee it is possible to make a claim to the County Court see information on www.court-service.gov.uk
I have a member of staff who has been off sick for 7 months and has been signed off sick for another 5 months, can I dismiss him? Show answer
For a dismissal to be fair there must be a fair reason for dismissal; one reason is capability so it is possible to dismiss someone for long term sickness if there is no prospect of that person being able to return to work in the near future. However, you should be cautious and explore the possibility of an underlying disability; if there the person is disabled under the Disability Discrimination Act 1995 you have a duty to make a reasonable adjustment, this could take the form of part time working, adjustments to working patterns, adjustments to sick pay and leave and a variety of other possibilities.
You could ask for consent to obtain a doctor’s report or ask that the employee attends your Occupational Health Department or company doctor to obtain a medical view of the illness and prognosis.
Ensure that if you decide to take the dismissal route that you follow your capability or disciplinary procedure and allow for the employee to appeal against the decision you make.
I have recently taken over as manager of a local supermarket and have an employee who has been causing problems for the last three years. I want to get rid of her and want to avoid the threat of litigation. Show answer
You should check whether the employee has any warnings on her record. If she does and the problem is persisting then you should follow your disciplinary procedure. Should you decide that the decision is dismissal you could consider entering into a compromise agreement to avoid future litigation. This may mean paying your employee some money representing the risk involved in litigating.
I have been given a compromise agreement to sign and it says I need to speak to a lawyer. Can you help? Show answer
Yes we provide advice on compromise agreements and this can be done on the telephone, by email or by post. However, if you want to you can telephone to arrange an appointment.
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