Greenwich Solicitors

EMPLOYMENT LAW QUESTIONS – GREENWICH SOLICITORS

If I go to an employment tribunal, will I have to pay my employer’s legal costs if I lose ?

The general rule, subject to exceptions is that you will not have to pay your employer’s legal costs, even if you lose.

What alternatives are there to employment tribunals ?

There is mediation and arbitration, which can be organised through ACAS (Arbitration, Conciliation Advisory Service).  Mediation is the process of negotiating a settlement for a particular grievance using a process which is non-binding in the absence of a concluded agreement and often faster and less risky than litigation, but it does require an attitude of being open minded and both parties need to agree to try the process.

If you have a fairly strong legal claim and have been dismissed, you might be offered a compromise agreement.  If you sign the agreement (upon receiving independent legal advice) you will receive a sum of money and certain benefits in exchange for agreeing to waive your right to pursue most claims against your employer (bar claims for pensions, personal injury and breach of the compromise agreement itself).

What rights do the Equality Act 2010 give me ?

Under the Equality Act, you are entitled to work free from direct and indirect discrimination, harassment or victimisation of the basis of “protected characteristics”.  Protected characteristics includes age, race, religion, gender, sexual orientation, gender reassignment and disabilities.  Employers cannot, for example, use conditions which are less favourable to certain employees with protected characteristics.  Nor can an employer:

• Victimise an employee on the basis that they have brought a claim under the act
• Discriminate against person who they think has a protected characteristic, when in fact they do not possess that characteristic
• Allow customers and other third parties to discriminate or harass staff on the basis of a protected characteristic.

A big change to the law that the Act has introduced is the fact that employees are now able to bring two discrimination claims together rather than separately.  So, in the past, if an employer introduced something that was discriminatory to certain persons of a certain age and race, you would have to bring on claim for racial discrimination and one for age discrimination.  Now, the two claims could be pursued jointly.

How long do I have to be employed before I bring an unfair dismissal claim ?

You have to be employed continuously for 12 months or longer.  However, this does not apply if discrimination was a part of the reason for the dismissal or you were dismissed for disclosing information in the public interest.

How long do I have to be employed before I can claim statutory redundancy pay ?

You have to have been employed for two years or longer, although years worked before the age of 18 do not count towards the two years required.