Employee Legal Advice in Essex
Why choose Mullis & Peake?
At Mullis & Peake our employment experts can provide specialist advice on a wide range of issues faced by employees. Our sympathetic solicitors can guide you through what can often be a confusing and stressful time, outlining your options and enabling you to get the best result possible.
Types of Employee Legal Issues
Common Employment Issues Faced by Employees
The most common issues faced by employees include unfair dismissal, discrimination, redundancy and unlawful deductions from wages.
Unfair Dismissal
An unfair dismissal may occur when the employer fails to follow a fair procedure when dismissing an employee, or when dismissal is too harsh in the circumstances. Some dismissals are automatically unfair, for example if a woman is dismissed because she is pregnant.
Discrimination Claims
Employees are protected from being subject to a detriment due to having a “protected characteristic”. It is also against the law for an employer to implement a policy which affects employees with protected characteristics more than other employees. There are nine protected characteristics: Age, Disability, Gender reassignment, Marriage or civil partnership, Pregnancy and maternity, Race, Religion or belief, Sex, and Sexual orientation.
Harassment and Bullying at Work
Unfortunately, many employees are subject to bullying and harassment in a work place, which is often linked to discrimination at work.
Redundancy
Employees with the required length of service are entitled to a redundancy payment if their role is redundant – this means that their job is no longer required, or will be done differently or in a another location.
Employee Rights and Obligations
Employment Law Enquiry
Fill out the form and a member of our team will get in touch to discuss how we can help.
Understanding Employment Contracts
Employment contracts can be confusing and are usually drafted in favour of the employer. It is important that employees understand exactly what their contract of employment means before they sign it.
Implied Terms in Employment Relationships
Some terms are “implied” into a contract of employment. This means that they are not written down in the contract but are implied by law. An example of this could be the duty of an employee to always act in the best interests of their employer.
Importance of Knowing Your Rights in the Workplace
It is vital that all employees know their rights, otherwise their employer make act unlawfully towards them.
Making a Claim: The Process Explained
Steps to Take Before Filing a Claim
Before filing a claim, an employee should make use of the employer’s internal procedures. This may be by filing a grievance, or by appealing against a decision to terminate employment. Following that, the employee must initiate the ACAS Early Conciliation procedure before a claim can be issued.
Time Limits for Claims
As a general rule, any claim in the Employment Tribunal must be issued within three months less one day from the date upon which the event complained of occurred. This time limit may be extended during the ACAS Early Conciliation process, but it is vital that the deadline is not missed, as the Tribunal rarely allows claims to be made out of time.
Types of Claims Employees Can Make
Constructive Dismissal Claims
A claim for constructive unfair dismissal may arise where the employee’s position is so unbearable that they feel they have no choice but to resign.
Claims for Discrimination
If an employee is treated less favourably because they have a protected characteristic or is affected negatively because of a policy applied to all employees, then they may have a discrimination claim. There are nine protected characteristics: Age, Disability, Gender reassignment, Marriage or civil partnership, Pregnancy and maternity, Race, Religion or belief, Sex, and Sexual orientation.
Whistleblowing Protections
It is against the law for an employer to treat an employee less favourably because they have “blown the whistle”. If an employee is sacked because they are a whistleblower, their dismissal will be automatically unfair.
Discrimination and Harassment Issues
Recognising Unlawful Discrimination
Direct discrimination occurs when an employee is treated less favourably because they have a protected characteristic. Indirect discrimination occurs when the employer imposes the same policy on all employees, but it has a negative impact upon employees who have a protected characteristic. There are nine protected characteristics: Age, Disability, Gender reassignment, Marriage or civil partnership, Pregnancy and maternity, Race, Religion or belief, Sex, and Sexual orientation.
Employment Law Advice for Senior Executives
Senior Executives are often subject to more extensive obligations than more junior employees, particularly when it comes to restrictions upon who they can work for if their employment comes to an end. It is vital to take specialist advice to make sure that those restrictions are enforceable and that you do not act to breach them.
Frequently Asked Questions
The two most important laws that protect employees are The Employment Rights Act 1996 and the Equality Act 2010.
The Employment Rights Bills, expected to become law in 2025, makes wide-ranging changes to employment law. You can read more in our employment law article .
This depends upon the employer’s disciplinary policy, and the nature of the conduct involved. In general, at least one warning should be given prior to dismissal but this would not be the case for very serious offences.
How much notice you need to give if you want to leave a job will be set out in your contract of employment.
This will depend upon what it says about overtime in your contract of employment.
Whilst employers can sometimes make very small changes without your consent, any changes to your job role which affect your pay, hours of work or what you are employed to do should not be made without your consent. A consultation process would usually be required before major changes are made.
Your employer’s disciplinary procedure will be set out in its Disciplinary Policy, the Staff Handbook or your contract of employment. Employers should follow the ACAS Code of Practice to make sure that a fair procedure is followed.
Mullis & Peake have specialists in employment law ready to help you. Contact us online today or call us on 01708 784000.
Alternatively, request a call back to have one of our experts contact you at a time that suits.
Our latest insights
Holly is a Member and Head of Mullis and Peake’s Dispute Resolution Department
Martyn is a consultant and specialises in contested Wills and personal injury.
