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For employees

Since Paul Robinson Solicitors LLP was established in 1983, we have provided thousands of individuals with practical and effective solutions to employment problems. Our professional advice is of the highest standard delivered in a straightforward and practical way by our skilled, friendly team. We always aim to make the process clear, stress-free and affordable.

We have provided advice to employees in a wide range of positions, such as City professionals, care workers, teachers, insurance brokers and many others. We are experts on all aspects of employment law including how to raise grievances with your employer and deal with disciplinary proceedings, dismissal and appeals. We regularly negotiate confidential exit packages enabling you to receive compensation by entering into a Settlement Agreement and avoid having to issue a claim at the Employment Tribunal. We are also experienced in representing our clients at Employment Tribunals.

Whatever the issues you are facing we can provide practical solutions to your employment law problems at very competitive rates.

Employment Contracts

We can provide comprehensive advice in respect of your employment contract including assistance with negotiating and redrafting any onerous terms at the outset of your employment.  Alternatively, you may need advice as to whether your employment contract has been breached by your employer, for example if unauthorised deductions from your wages have been made or a major change is forced upon you.

Settlement Agreements

Settlement Agreements are regularly used as a matter of course when the employment relationship comes to an end.  Employers will often insist upon you entering into such an agreement if it is proposing to pay you in excess of your statutory and contractual entitlements on termination.  This is frequently the case in redundancy situations or if your departure follows a dispute between the parties.

We understand that when you have been given a Settlement Agreement there will often be a strict deadline and that you will wish to resolve matters swiftly.  We can attend to your case as a matter of urgency and provide comprehensive and clear advice in relation to the Settlement Agreement, which is only binding if a qualified legal advisor has explained the contents to you and signed a certificate accordingly.  We have an extensive track-record of securing improved terms of settlement following the initial offer by the employer.

TUPE Transfers

The Transfer of Undertaking (Protection of Employment) Regulations 2006, known as TUPE, protect an employee when a business is sold or transferred to a new employer.  Usually the employee is entitled to retain exactly the same terms and conditions as with their previous employer and most attempts to change the contract of employment will be unlawful. This is a complex area and one in which we are frequently requested to advise employees in relation to, to ensure that they are being treated fairly either before or after the transfer.

Unfair Dismissal

If you have been dismissed from work and you are unsure if you have been treated fairly then our experienced lawyers will be able to provide specialist advice tailored to your situation.  An employer must have a fair reason to dismiss an employee and must follow a fair procedure.  Defects in either of these aspects may render a dismissal unfair and entitle you to compensation.

Additionally, there are a number of circumstances that can make a dismissal automatically unfair, for example following a TUPE transfer, dismissal as part of a discriminatory act or as a result of asserting rights in respect of working time or health and safety breaches.  You may consider that your employer has fundamentally breached your contract of employment, perhaps entitling you to resign and make a claim for constructive unfair dismissal.

We can advise you in a cost-effective manner so that you can quickly identify whether or not you have a potential claim.

Discrimination

You may feel that you are being discriminated against at work because of your age, sex, race or as a result of pregnancy or maternity leave. Alternatively, you may have a disability and are finding it difficult at work because your employer is refusing to make reasonable adjustments to improve your working environment.  We are able to advise whether you have any potential claim against your employer and the best way to initiate this, providing you with support throughout.

Disciplinary Proceedings

You may have been suspended from work or invited to attend an investigation or disciplinary meeting in respect of allegations of misconduct or capability. You might feel that such action is not genuine or is unjustified. We are able to provide you with advice and assistance in advance of any disciplinary meeting, including the preparation of a statement for you to submit to your employer putting forward your version of events in the strongest way possible.  Alternatively, if disciplinary action has already been taken against you then we can assist in the appeal process, enabling you to put your best foot forward. Finally, if you have already exercised your right of appeal and require advice as to whether you have any further recourse against your employer then we can also provide assistance. You should not take any action such as resignation without seeking specialist legal advice first.

Grievance Actions

You may be experiencing problems at work such as bullying and harassment, discrimination or other matters such as deductions from wages. We can help you prepare a grievance - a formal complaint to your employer. We can also assist in relation to appealing the outcome of any grievance and advising you on the next steps available to you, including potential claims for constructive unfair dismissal.

Tribunal Claims

If you are considering taking your employer to an Employment Tribunal to enforce your rights it is strongly recommended to seek legal advice in advance. Claims sent to the Employment Tribunal are reviewed by a Judge once a defence has been received to decide whether or not the case should be allowed to proceed. If a Judge believes that the claim is unlikely to be successful it will be ‘struck out’ and not allowed to continue. It is important to take expert legal advice at the earliest opportunity so that you know whether your claim is worth pursuing before incurring the Tribunal’s fees, which would not be refunded if your claim were to be struck out.

It is also crucial to ensure that your claim form is correctly drafted at the outset in order to minimise the risk of it being struck out or your potential arguments being limited later on. We can prepare the Tribunal’s claim form (known as an ET1) and corresponding particulars of claim for you, giving you the peace of mind that your claim has the best possible chance of success. We always provide our clients with practical and cost-effective advice.

Funding Your Employment Case

You may find that you have legal expenses cover as part of a household or car insurance policy. This may cover some or all of your legal costs in the event of you needing to bring an employment claim.  We recommend that you review any policy documents to see whether you have such cover at the earliest opportunity. If you do not have such cover then we will be able to provide a very competitive fee structure based on your particular case.

If you do not wish to take formal action against your employer just yet then you may want to consider whether a mediation session might be of assistance in resolving any employment issues you have. Please see our Mediation site for more information. Alternatively we can assist by advising and preparing documentation relating to specific elements of your employment matter, such as a grievance, drafting your claim, preparing your witness statement, or advising on the directions issued by a Tribunal.  We will always endeavour to agree a fixed price for the work you have instructed us to do on your behalf. This allows you to receive the assistance that you need, within a budget that you can afford.

Restrictive Covenants

You may have been given a new employment contract which contains a clause restricting your activities if you leave your current employer and require advice as to whether or not to enter into it. Alternatively, you may be thinking of leaving your current role and either working for a competitor or setting up your own business, which may, on the face of it, be prohibited by the covenants contained within your employment contract. We are able to advise in relation to this and provide you with tailored advice for your particular situation and assist with your future plans.

Get in touch today

Our Employment Law services specialists are happy to advise.
Call us on 01702 338338 (Westcliff Office) or 01277 500123 (Billericay Office).

Ana James-Pittau
Assistant Solicitor - Civil Litigation and Employment
Polly Plant
Fellow of CILEX – Head of Contentious Probate and Employment Lawyer

Paul Robinson Solicitors LLP. Highly professional and going the extra mile.

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