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:
Unfair Dismissal
Wrongful Dismissal
Discrimination
Work Rights
Maternity Rights
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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