Advice For You

Employee Rights – Free Online Tool

As an Employee, you have the right to work without discrimination and harassment.

Your Employment Rights – Our easy to use, Free Online Tool, will quickly guide you to the online help you need as an Employee understand your rights with advice and Information provided by ACAS, .Gov and Citizens Advice.

As an Employee you have the legal right to equal opportunity of workplace benefits, promotions, fair wages and fair treatment without regard to race, gender, sexual orientation, disability, religious belief or other characteristic and these rights are protected by law primarily in the Equality Act 2010 and the Employment Rights Act 1996.

Also you can view our Guide to how to approach Problems at Work here.

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Simply find the Employment Topic that affects you click to reveal the relevant links.

A contract of employment is a legally binding agreement. Once it is made, both parties are bound by its terms and neither can alter those terms without the agreement of the other.

If agreement cannot be reached an employer who is determined to introduce a change to the terms and conditions of one or more employees but is unable to do so by agreement has two options. He may either:

  • Introduce the new term as a fait accompli, or
  • Terminate the relevant contracts and offer new contracts of employment which include the variation.

If an employer simply announces a unilateral change in contractual terms, this will be a breach of contract. This breach may or may not be so serious as to amount to a fundamental breach of contract. An employee can respond to a breach of contract in one of the following ways;

  1. he or she can acquiesce to the breach by simply carrying on working under the revised terms.
  2. if the breach is a fundamental breach going to the heart of the contract, he or she can resign and claim unfair constructive dismissal.
  3. he or she can simply refuse to work under the new terms if, for example, they involve a change in duties or hours.
  4. he or she can “stand and sue”; ie stay and work in accordance with the new terms under protest and bring an action for breach of contract against the employer in the High Court or County Court, where appropriate bring a deduction from wages claim under Part 2 of ERA.
  5. where the change can be said to amount to a termination of the old contract and an introduction of a new contract, the employee can work under the new contract and claim to have been unfairly dismissed from the old.

For further information contact our Employment Law Solicitors on 0161 785 3500 or email employment@pearsonlegal.co.uk

Alternatively here are a couple of links some online Advice:

If you are still in employment, you might want to consider raising a grievance regarding these unlawful deductions from wages/non payments.  A grievance is simply a written letter or note to your employer setting out the issue you are concerned about, ie. “I received my payslip and have not been paid for holidays/last week’s overtime/notice pay, etc.  Further information on how to raise a grievance can be found on the free link to ACAS:- https://www.acas.org.uk/how-to-raise-a-problem-at-work

If your employment has ended, you might still want to consider writing to your former employer and if you do not receive a response or you receive a response which is unsatisfactory to you, your options would be to issue a Notice of Intention to Claim to ACAS Early Conciliation:- https://tell.acas.org.uk/notification-form-conciliate.  The time limit for issuing a Notice of Intention to Claim to ACAS is three months less one day from the last deduction.

For any further legal advice regarding your matter please see our employment law pricing and services.

Relevant Links to Advice

Relevant Links to Advice:

Relevant Links to Advice:

Relevant Links to Advice:

Relevant Links to Advice:

If you have been threatened with dismissal or have concerns about what your employer may do regarding your employment then check out our advice or have a chat with our employment solicitors.

If you have completed 2 years of continuous service, you have the legal right not to be unfairly dismissed under the Employment Rights Act 1996.

For any further legal advice regarding your matter please see our page on unfair dismissal claims.

 

You can make a request to your employer for flexible working, whether on a temporary or permanent basis.  If you have worked in the business for 26 weeks or more, then you have a statutory right to make an application for a flexible working request.

For further information on flexible working see our page on how to make a successful flexible working request.

Relevant Links to Advice:

Relevant Links to Advice:

Employers must always follow the correct legal process in these cases but all too often we see that there is unfairness within the process – when this is the case we can advise.

At Pearson our experienced team of employment law solicitors can help if you wish to challenge a potential Redundancy situation.

Employers must always follow the correct legal process in these cases but all too often we see that there is unfairness within the process – when this is the case we can advise.

At Pearson our experienced team of employment law solicitors can help if you wish to challenge a potential Redundancy situation.

Relevant Links to Advice:

Relevant Links to Advice:

Legal issues surrounding the menopause are increasing and employers are potentially facing more employment tribunal cases due to menopause claims.

It is estimated that almost one million UK women, many at the peak of their careers, have left work with issues surrounding the menopause.  An increasing number are citing the menopause, alongside unfair dismissal and sex discrimination, in tribunal claims.

Is menopause covered under the Equality Act 2010?

Menopause discrimination is currently not a protected characteristic under the Equality Act 2010. However if an employee is less favourably treated or is put at a disadvantage because of their menopause symptoms, this may be classed as discrimination if related to the protected characteristic of age, sex and disability discrimination.

As a female employee if you can provide evidence you have suffered a physical or mental impairment and it has a substantial long term adverse effect on day to day activities then you could gain protection. Many women have successfully brought menopause claims to an employment tribunal under age, sex and disability discrimination.

Discrimination because of the Menopause

Employers and business owners are advised to have a clear menopause policy so if you have concerns in the workplace and feel you are being discriminated against because of your menopause symptoms you may have a case.

The Employment Tribunal Courts have seen an increase in cases citing the menopause.  These usually include unfair dismissal and discrimination related to disability and or age and or sex.

These can also include a claim for harassment if you as an employee feel you have been belittled or humiliated or the workplace has become an offensive environment.

How can we help

If you have a question on discrimination in the workplace or a specific menopause claim our employee law team can offer an initial telephone consultation, followed by an appointment at a fixed hourly rate.

For advice on all aspects of employmee law contact our team on 0161 785 3500, email employment@pearsonlegal.co.uk

The employer may wish to withdraw an offer of employment for a number of reasons, for example, because:

  • Its business requirements have changed.
  • It has unexpectedly received information about the applicant which casts doubt on the desirability of employing them.
  • One of the matters on which the offer was expressed to be conditional, such as receipt of satisfactory references, has not been fulfilled.

You could ask the potential employer the reason for the offer being withdrawn. If you believe that their reason could be for a potentially discriminatory reason, i.e. because they became aware you suffered from a medical condition and did not want to take you on because of that, then you may potentially have a claim for unlawful disability discrimination, however you would need evidence to support your allegation.

If on the other hand, the employer’s business requirements have changed, subject to your potential employer paying you the notice you would have been entitled to receive had you started work for them, then that would be the entirety of your claim.

Unless an employee has previous relevant continuous service (e.g. with the same or an associated employer) the employee will not have sufficient continuous service to bring an ordinary unfair dismissal claim. However , there are exceptions, e.g. claims for automatically unfair dismissal, where an employee does not need to fulfil any qualifying period of service to bring an unfair dismissal claim, i.e. if the reason for the offer being withdrawn is a discriminatory reason.

Please note that we can not be held liable for any advice provided by third-party websites

Sometimes Employers don’t follow the regulations and in these cases, you can use your Employee Rights to seek compensation from your employer.

It is important to gain an understanding of if you are likely to have a claim, before incurring the cost of an employment Solicitor and there are services available to the employee to help with this.

This information page is designed to guide you to resources that could help. This page can’t directly provide legal advice on your situation as we aren’t responsible for the advice provided by third-party resources. If you need bespoke legal advice on your situation, please call us to arrange a meeting with one of our Specialist Employment Solicitors.