Employment Law

At JC Legal Practice we act for employers and or employees in bringing or defending a claim(s) before an Employment Tribunal as well as giving advice to Employees and Employers in the following situations:

  • References and recruitment issues;

  • Drafting Particulars of Claim, ET1 or ET3;

  • Contracts, policies and procedures;

  • Unfair, wrongful dismissal including constructive dismissal claims;

  • Discrimination, victimisation and harassment on grounds of race, sex, sexual orientation, marital status, disability, age, religion or belief;

  • Equal pay and other remuneration issues;

  • Part-time and other working arrangements;

  • Parental and maternity rights;

  • Working Time;

  • National Minimum Wage;

  • “Whistleblowing” claims and public interest disclosures;

  • Data Protection;

  • Trade Secrets;

  • Confidentiality and restrictive covenant;

  • Industrial action;

  • Health and Safety;

  • Redundancy;

  • Managing capability and poor performance;

  • Managing persistent and long term sickness absence;

  • Managing disciplinary and grievance procedures;

  • Termination of employment, severance terms;

  • COT 3; and

  • Workplace stress among others.

Procedural Advice:

Legal advice on the interpretation and application of Employment Law, including emerging case law, in all aspects of Employment Law.

Legal Representation:

  • We can support you internally (in-house) and or by conducting litigation on any employment related issue.

Managing Employment Relationship Problems:

  • We give specialist legal advice and support on best practice, management of under-performance or disciplinary and grievance issues with staff, and for dealing appropriately with changes within the employment regulatory landscape. 

Redundancy:

  • We provide you with support to follow a clear restructuring process, and manage redundancy situations effectively.

Collective Bargaining:

  • Expert advice and representation during the bargaining process and Collective Agreement Negotiations;

Employment Agreements:

  • Drafting and negotiation of permanent, fixed term, or casual individual employment agreements;

  • Assisting with negotiation of Collective Agreements and dealing with unions; and

  • Ensuring compliance with all employment and other relevant legislative instruments.

What is Unfair Dismissal?

Eligibility to claim unfair dismissal

Employees can only claim unfair dismissal if they’ve worked for a qualifying period - unless they’re claiming for an automatically unfair reason.

Date employment started                 When the employee can claim

From 6 April 2012                                After 2 years of employment

Who can’t claim unfair dismissal

The right to complain to a tribunal about unfair dismissal isn’t available to:

  • self-employed people;

  • independent contractors;

  • members of the armed forces;

  • employees who have reached a settlement with their employer through Acas (Advisory, Conciliation and Arbitration Service) or the Labour Relations Agency (LRA) in Northern Ireland;

  • employees who have reached a settlement with their employer through a ‘settlement agreement’ or ‘compromise agreement’ after taking legal advice;

  • employees employed under an illegal contract, eg a barman under the age of 18;

  • employees covered by a dismissal procedure agreement that’s been legally exempted from the unfair dismissal rules;

  • employees taking part in unofficial industrial action (unless the dismissal is for an automatically unfair reason);

  • police staff (unless the dismissal relates to health and safety or whistleblowing; and

  • those working on a fishing vessel and paid by a share in the profits or gross earnings of the vessel.

Unless your former employer can show that the dismissal was one of the recognised "fair" reasons and that the dismissal was handled in a fair manner, you may have been unfairly dismissed and you may be awarded compensation by an Employment Tribunal. 

What is Constructive Dismissal?

You can be constructively dismissed if your employer has acted totally unreasonably towards you, for examples: by reducing your pay without your agreement, demoting you for no good reason, bullying or harassing you.

An employee should usually lodge a grievance to their employer about the unreasonable treatment before starting an unfair constructive dismissal claim, otherwise under the new ACAS Code any compensation could be reduced by up to 25%.

Employment Tribunal:

As a general rule, you must bring your employment claim to an Employment Tribunal three months less a day from your Effective Date of Termination. The Tribunal is extremely unlikely to extend this time to allow you to bring a claim. There are quite complex rules about when the Effective Date of Termination is, and for that reason, it is vital to get advice as soon as possible after your dismissal.

We have extensive experience of acting in claims for unfair dismissals. If you would like to inquire about a possible Unfair Dismissal, Constructive Unfair Dismissal or any other employment related claims, please contact us.

 

Personal Injury/Civil Litigation

If you have suffered an accident or injury that was not your fault, you have the right to claim personal injury compensation. In most cases, such as an accident at work or on the road, the party responsible should have insurance cover specifically to deal with this type of claim. If you do not claim, then you may suffer financial hardship due to loss of earnings and medical and other expenses.

Sporting injury:   

Being injured when playing sport through the fault of another person can have a serious impact on your lifestyle, leaving you unable to work, hence, you may require help and assistance around the home.

Types of claim:

You can make a claim for compensation for all types of accident or injury that were not your fault. Whether you have been injured in a car, work or an accident on holiday, or tripped whilst walking along a pavement, you may be able to make a claim.

Normally, you must begin the claims process within three years of the injury occurring. Whatever the nature of your injury, we will help you with your claim. If you decide to pursue your claim, we will then begin the process of gathering information and evidence to support your case. This may include things like medical reports, accident reports, photographs and witness statements.

Road Traffic type claim: 

  • All vehicles using the roads in the UK are required by Law to be insured;

  • Uninsured drivers are covered by a central scheme, the Motor Insurers Bureau;

  • We can help you if you have been injured as a driver or passenger in a car;

  • We can assist if you have been riding a motorcycle or as a pillion passenger; and

  • We can also help if you have been injured as a pedestrian by a vehicle.

Accident in a Public Place:

  • Councils, shop owners and other owners of property to which the public have access have a duty to ensure that all reasonable steps are taken to avoid accidents and injury to the public; and

  • We can help assist you if you have been injured whilst on the property of another person or company.

Accident at Work:

  • Accidents at work or at a place of work through no fault of your own;

  • Employers are required by Law to be insured against accidents occurring in the work place; and

  • Employers have a Legal Duty to ensure a safe working environment and we can help.