Friday, 23 March 2012

Compensation Solicitor: Employment Claims

You can claim compensation for a range of employment issues whether unfairly dismissed or suffered injury and sickness as the result of your working environment. Employers are required to provide a safe working environment whether carrying out health and safety checks or carrying out a legionella risk assessment, if they fail to do so they can be held liable.

Employment law is a complicated field and claiming against your employers or previous employers for perceived problems can be difficult. There are many cases, however, where it is important to make a claim for employment issues, not only to redress the immediate problem, but also to ensure that bad practices are stopped and that employers take their responsibilities seriously.

There are many areas of employment law where you can challenge your employer, but the most common reasons for hiring a compensation solicitor are:

Ÿ     Unfair Dismissal
Ÿ     Wrongful Dismissal
Ÿ     Discrimination
Ÿ     Work Rights
Ÿ     Maternity Rights
Ÿ     Sick Pay

Of these, the top three are the reason most people decide to contact a compensation solicitor.

Unfair Dismissal and Wrongful Dismissal are two separate areas of law. Wrongful Dismissal relates to dismissal where the contractual obligations of the employer have not been followed, whereas Unfair Dismissal covers all other areas of dismissal. Discrimination can come in many forms, whether it is by gender, religion, sexual orientation or race. In all circumstances, a strong case must be made, as many companies choose to defend legal action and cases often go to an employment tribunal, where settlement in the case is decided by a third party.

If possible, it is preferable to settle the case before the employment tribunal. This saves costs for both parties and reduces the stress for the plaintiff. Settlements don’t have to be purely monetary. If you have sued for unfair dismissal, your employer may choose to offer you the job again, or to offer you a different job in the same company. They may include specialist training or offer to fund college courses in order for you to improve your skills.

If you want to go back to work for your existing employer, it is important that you approach any negotiations and discussions in a positive and non-aggressive manner. This may increase your chances of your employer making a settlement that allows you to return to work with the least possible animosity between you. Appointing a professional compensation solicitor to help you in this process could mean that it takes less time and that you gain a better settlement.

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