Experienced employment litigation legal advisers in Worcestershire
Whether you are an employer or an employee, you can trust Resolve Law Group to handle your query in an expert and professional manner. We have over 30 years’ experience in the industry which has allowed us to develop some of the best legal skills in the Worcestershire area. We can put our skills to the test and try our hardest to get the results that you want.
Employment disputes are a horrible experience for all involved because it is expensive, and it can be a negative experience as both parties try and bring up negative aspects of each other. Resolve Law Group can help reduce your stress and worry over the issue by providing affordable prices and offering customer-friendly contact services.
What is the definition of employment litigation?
Employment litigation is when an employer sues an employee, or an employee sues an employer because of an employment-based problem.
Most common types of employment litigation
There are multiple types of employment litigation not listed below but these 4 are the most common cases when brought to a law firm.
· Wrongful dismissal
Wrongful dismissal occurs when an employer has breached the contract of employment with an employee. The most common type of wrongful dismissal is when an employer fails to give the employee notice of termination. The dismissal may not be wrongful if the employee commits an act of gross misconduct like theft or violence. The highest an employee can earn in damages from a wrongful dismissal is £25,000. However, they can still claim benefits that they would have earned during the notice period like bonuses and pension pay.
· Payment disputes
Payment disputes typically occur when an employer accidentally makes a mistake in your wage payment. Most of the time, it is human error leading to the mistake and can easily be dealt with internally. However, if it is a large payment dispute or a regularly occurring mistake, you could consult a trade union representative (if you are in a trade union) or let Resolve Law Group help (if you are not in a trade union) get you the money that you deserve.
· Discrimination
Unfortunately, many employees feel like they were being discriminated against when they were dismissed. An employee cannot be legally dismissed due to one of the 9 protected characteristics. They are age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion/belief, sex and sexual orientation. You have a valid claim if you can prove that you were dismissed because of your protected characteristic.
· Severance agreements
When an employee leaves a company, they will receive a severance agreement which includes payments from the employer to the employee in return for a waiver of claims against the employer. Disputes arise when employers do not pay the employee what is stipulated in the contract or if the employee submits claims against the employer even if they have waived their rights.
Examples of employment litigation disputes
Jimmy (a Christian) was working at his desk when he was called into his line-managers office and told that we were being dismissed because they were uncomfortable with him having a bible on his desk after numerous times to get him to remove it. This would be illegal as he cannot be fired based on his religious beliefs.
The process of employment litigation cases
An employment tribunal is designed to settle the employment issue. This is a common method used when the parties were unable to come to an agreement and decide to take their chances at an employment tribunal. We encourage the parties to come to an agreement before this process because there is a large risk. After all, it is expensive, and the result may not go your way.
Grievance procedure can be a method to discuss the issue and should be done informally at the start and if the issue is too large for informal talks, then it should be upgraded to formal talks. This method is far cheaper and can be done with a mediator who can help advise each party on possible outcomes.
Resolve Law Group have experience and can help with employment-related issues, trying to find the best solution for the employee and employer.
What are the time limits for an employment litigation claim?
Before you submit a claim, you should know that you must have been working at the company that you are claiming against for over 2 years. Some claims vary as some are different from others, but you have 3 months from the day of dismissal to submit an employment claim. We, therefore, advise that you get some legal help and submit a claim as soon as possible.
Why choose Resolve Law Group?
Resolve Law Group was founded to provide people with not only expert legal support but a customer-friendly service alongside with it. Our communication with you is no-nonsense and straightforward written by honest professional people.
If you would like to learn more about our employment litigation services, feel free to contact us. Or if you would like to view our other legal services, please visit our services page to see our range of legal expertise.