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For a dismissal to be fair it must be for one of the five potentially fair reasons in the Employment Rights Act 1996 (conduct, capability, redundancy, breach of a statutory restriction or “some other substantial reason”). The employer must follow a fair procedure and the decision to dismiss must be within the range of reasonable responses open to an employer. If you feel your employer hasn’t met these conditions, talk to our employment lawyers.
Discrimination can take many forms within the work place. The Equality Act 2010 is concerned with discrimination and harassment in respect of “protected characteristics” such as age, gender, disability, religion, sexual orientation etc. If an employer unlawfully discriminates against or harasses a job applicant or employee, it will be liable for its actions. Arlingsworth’s employment lawyers can help both employees and employers with cases of discrimination.
Redundancy encompasses three types of situation: business closure, workplace closure, and reduction of workforce. The dismissal of an employee will be by reason of redundancy if it is “wholly or mainly attributable to” the employer ceasing or intending to cease to carry on the business for the purposes of which the employee was employed by it, ceasing or intending to cease to carry on that business in the place where the employee was so employed or having a reduced requirement for employees to carry out work of a particular kind.
The terms of an employment contract are the rights and obligations that bind an employer and employee to a contract. They can be expressed, implied or incorporated from other sources. If a party breaches their obligations, under one or more of the terms of their employment contract, then it may be possible for our employment lawyers to take action and seek appropriate remedies. This also applies to wrongful and constructive dismissal.
A settlement agreement is a good way of avoiding costly court action. A settlement agreement is a written agreement, regulated by statute, whereby an employee agrees to waive their right to pursue employment tribunal claims against a current or former employer. Arlingsworth can help both employees and employers to reach a fair and stress-free compromise.