Employment Law

The minefield of modern employment law requires specialist knowledge and skills. We are able to provide practical advice on all aspects of employment law and employment related matters. This includes advising on unfair dismissal claims and all types of discrimination and breach of contract claims. We can assist in drafting contracts of employment, compromise agreements and policies relating to, for example, grievance and disciplinary procedures. We can keep you right regarding maternity and paternity rights and aspects of corporate transactions including TUPE. We can guide you on grounds of fair dismissal, redundancy and retirement. No problem is too small and our team is always friendly and approachable. Contact Mitchells Roberton, employment lawyers in Glasgow today.

The minefield of modern employment law requires specialist knowledge and skills. At Mitchells Roberton we are able to provide practical advice on all aspects of employment law and employment related matters. We are well aware of the detrimental effects , both financially and emotionally ,that a difficulty at work may cause and our experienced team can provide swift and clear advice to both employees and employers on any  employment issues arising, allowing you to put the situation behind you and move on. No problem is too small and our team is always friendly and approachable offering an excellent service at  cost effective rates of fees.

We can help you regarding the following:

  • Breach of contract
  • Unfair dismissal
  • Unlawful discrimination
  • Redundancy
  • Tribunal representation

We can also assist with:

  • Settlement agreements
  • Terms and conditions of employment
  • Flexible working arrangements
  • Adoption, maternity and paternity pay and leave obligations
  • Disciplinary action

Contracts of Employment

A contract of employment is an agreement between an employer and employee which is legally binding and is the basis of the employment relationship. Most employees are legally entitled to a written statement of the main terms and conditions of employment within two calendar months of starting work.

At a minimum the contract  should  include, the names of the parties, the date of commencement of the employment, job title and description, rates of pay and the intervals at which the payments shall be made, hours of work, entitlement to holidays, details of the notice to be given on termination of the employment, the rules applying to absence if sick and any pension entitlement. We can assist in the preparation of all types of contracts of employment.

The more comprehensive the contract , the better the parties will understand their rights and responsibilities towards each other which could well avoid distressing and costly disputes further down the line. We can also help you formulate policies and procedures to clarify the guidelines and rules of your organisation to ensure the smooth management of the workplace.

Unfair Dismissal

Whether you are an employee and you think you have been unfairly dismissed or you are an employer who has an unfair dismissal claim lodged against you, we at Mitchells Roberton can help.

In April 2012 the Government changed the length of time an employee is required to have worked before they can make a claim for unfair dismissal. If an employee began working for an employer before 6 April 2012 then they must have been in employment for at least one year to be able to raise a claim. If employment began after that date then the employee must have been in continuous employment for at least two years. Sometimes there is no qualifying period needed,  for example if an employee raises a claim of unfair dismissal on the grounds of discrimination then they will be entitled to do so even if they had only been in employment for two weeks.

A claim for unfair dismissal must be lodged with the Employment Tribunal within three months of the termination of the employment. Once a claim has been lodged the employer firstly needs to establish that they have a potentially fair reason for dismissal. The recognized reasons for a fair dismissal are, capability, conduct, contravention of law, redundancy   or some other substantial reason .Once an employer has established that they have a fair reason to dismiss an employee the Employment Tribunal must then consider whether it was reasonable for the employer to actually dismiss the employee for the reason given.  In addition to having a valid reason for dismissal an employer must also follow certain basic procedural requirements as laid out in the ACAS Code of Practice on Disciplinary and Grievance Procedures.  Facing being unfairly dismissed or having a clam lodged against you can be extremely stressful. If you require detailed advice on any unfair dismissal whether you are an employer or an employee we are here to support you providing expert advice and representation at any Employment Tribunal.

Discrimination in the Work Place

Unfortunately discrimination can happen at work and here at Mitchells Roberton we can help you with any issues you may have .According to the Equality Act 2010, employees cannot be directly or indirectly (by association or by perception) discriminated against or harassed due to protected characteristic. The protected characteristics are:

  • Age
  • Disability
  • Gender identity or gender reassignment
  • Marriage or civil partnership
  • Pregnancy and maternity
  • Race
  • Sex
  • Sexual orientation.

Basically there are six types of discrimination:

  • Direct discrimination – This occurs when an employer treats an employee less favourably due to one of the above protected characteristic.
  • Indirect discrimination-This happens when an employer applies a criteria universally to all employees which has an unfavourable effect on a particular group as a result of a protected characteristic.
  • Harassment- This is unwanted behaviour which arises from a protected characteristic and violates an employee’s dignity and creates a hostile environment for them.
  • Victimisation-This takes place when an individual is treated less favourably for complaining about discrimination or giving information about discrimination happening to a fellow employee.
  • Discrimination by association-This arises where an employer treats an employee less favourably because of their association with an individual who has a protected characteristic.
  • Discrimination by perception-This ensues when an employer believes an employee to have a protected characteristic  and treats that employee unfavourably because of that belief whether it is true or not.

The Equality Act also provides that if an employee harasses another employee then the employer can also be found guilty of discrimination. If you have suffered discrimination at work as an employee or face discrimination issues as an employer our experienced solicitors at Mitchells Roberton are here to advise you.

Redundancy

Redundancy can be a difficult time for both an employer and an employee. At Mitchells Roberton we understand that and our team are here to guide you through the process which can be complex.

Usually redundancy situations arise when a business is closing, where a business is closing a particular site or where a business is continuing to operate but it requires less employees to carry out the work. It is extremely important that the procedure adopted by the employer in a redundancy situation is correct otherwise employment law rights may be infringed. When redundancies are being considered the employer must consult with those employees whose jobs may be at risk.

If 20 or more employees are potentially affected the employer must also consult with any recognised trade union or elected staff representatives. When an employer is not dismissing all employees then their selection process  determining  which employees are going to be made redundant must be fair and objective. In all cases of redundancy the employer is under a duty to consider deployment of an employee where there are alternative vacancies available. When an employee is made redundant they are entitled to receive notice of termination, a payment in lieu of any untaken annual leave and if they meet certain requirements a statutory redundancy payment. Redundancy is complicated so if you are an employee or employer facing a potential redundancy situation please contact one of our experienced employment solicitors who will help you ensure the correct procedures are followed.

Our Experts

Paul NeillyPaul Neilly - Partner
Hugh GrantHugh Grant - Consultant

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