Specialist Employment Law Solicitors Edinburgh

Employment Law Solicitors Edinburgh

ELP Arbuthnott McClanachan’s Employment Law Practice is a specialist team of employment lawyers based in Edinburgh.

You may be an employee or an employer. The issue may be straightforward or complicated. You may be facing redundancy. You may have been presented with a settlement agreement. You may be involved in a disciplinary or grievance process. You may be experiencing unfair treatment. You may be considering resigning and claiming constructive dismissal. You may have been discriminated against or victimised. You may already have an Employment Tribunal case. Your business may be experiencing staffing issues or may be the subject of an Employment Tribunal claim.

In any of these situations, how should you choose the right solicitor to advise and represent you?

We believe there are four fundamental criteria here:

• You need to be represented by a solicitor who specialises in employment law. This ensures that your solicitor understands both the relevant law and the tactics needed to pursue the best outcome for you.
  It is not enough to know only what the law says or to have experience only in negotiating. You need both.
• You need to be represented by a solicitor who has acted for both employees and employers. You want a solicitor who understands how the other side thinks.
• You need to be represented by a solicitor who actually appears for clients in Employment Tribunals. You want to have the confidence that your solicitor will go all the way for you. Even if you do not wish to go to an Employment Tribunal, your solicitor needs to know what might happen if you did. Otherwise, you cannot make an informed decision about your case.
• You need to be represented by a solicitor who is all of these things, AND who will charge you a fee which is realistic in your circumstances.

ELP Arbuthnott McClanachan’s Employment Law Practice

At ELP Arbuthnott McClanachan in Edinburgh, our employment lawyers meet these criteria and more. ELP stands for Employment Law Practice. This is the employment law arm of ELP Arbuthnott McClanachan, Solicitors. For more than 14 years, we have been providing specialist employment law advice and Employment Tribunal representation to employees and employers on all areas of employment law. Our employment law video provides more information on the areas of employment law that we advise on.

We offer the level of expertise you would expect from the corporate firms that tend to advise larger employers, but we provide it to employees and SMEs. Our employment law fee packages are flexible and can be tailored to suit your needs, whether you are at an executive level and are negotiating a severance package or a new contract, you have been unfairly dismissed from a part time job and are trying to find a way to challenge this, you are an established business with 100+ staff, or you are a young business about to hire for the first time.

If you would like to engage an employment lawyer whose aim is to get you the best possible result, we would love to hear from you. We are confident you will be pleased with the service that we offer. Any law firm will tell you that they offer “great personal service”, but at ELP Arbuthnott McClanachan we actually do. Here are some examples of what you can expect:

• You will have one particular employment law solicitor as your main point of contact, and that solicitor will actually do the work on your file.
• We do not take on so much work that we cannot represent you properly. Some claims based firms will take on as many cases as possible, do very little work on them, and try and settle them at the last minute. We operate very differently. We go into great detail with you at an early stage to ensure that we are fully armed with the right information to allow us to get the best result for you. That is hugely important for employees and employers.
• We will always make ourselves available to meet with you and speak to you, and we will return your messages.
• We will explain the relevant points in your case clearly, and keep you informed of developments.
• We will not waste time (and therefore your money) arguing points that are irrelevant or never going to be won – this is another good example of why it is important to choose the right employment law solicitor.

We are always happy to have an initial discussion with you or respond to an email enquiry. If you would like to discuss matters on a no obligation basis please fill in our enquiry form or call us now on 0131 554 8649.

Employment Law Services

We offer a full range of employment law services to employers and employees. Our employment lawyers are all fully qualified solicitors who specialise in employment law, and as a result we can offer our clients genuine experience and expertise in employment law matters. Because we represent employers and employees, we know what is involved in representing both, and this gives our clients a distinct tactical advantage. On a daily basis we advise and represent our clients in relation to pre-employment issues such as recruitment, employment contracts and policies, employment law issues in the workplace, termination of employment, compromise and settlement agreements, and disputes including Employment Tribunal proceedings. We also offer all of our clients a unique approach to employment law fees which provides them with real value for money for an expert service.

To find out more about the different aspects of our employment law service please click on the links below:

• Age Discrimination

  From 1st October 2006 employees have been legally protected against discrimination on the grounds of their age. As a result of the Employment Equality (Age) Regulations 2006 and the Equality Act 2010 employers are not allowed to treat employees less favourably because of their age unless the employer can show that this is justifiable in the circumstances. The effect of this is that employees are now entitled to protection against obvious direct discrimination, such as verbal abuse on the grounds of age or preference being given in application processes to younger or older applicants, and in addition employees are entitled to protection against policies implemented by employers which adversely affect employees of a certain age. ELP can provide advice and representation in relation to all aspects of age discrimination.

• Change of Employer

  In certain circumstances, employees are offered special legal protection when their employer changes. If an employee simply begins a new job with an employer which is unconnected to his or her old employer, the employee will simply start afresh. However, where there has been a “transfer of an undertaking”, for example where the employee’s old employer is taken over by another company, the employee is entitled to retain the majority of his or her existing terms and conditions. The employee is also entitled to be kept on as an employee by the new employer unless there is a good economic, technical or organisational reason for the new employer not to do so. The Transfer of Undertakings (Protection of Employment) Regulations 2006 came into force in April 2006 and have been amended since. This is a complicated area of law on which ELP are happy to provide advice and representation.

• Compromise & Settlement Agreements

  ELP are frequently consulted by clients who wish advice in relation to compromise agreements. Compromise agreements are often drawn up by employers in circumstances in which an employee’s employment is coming to an end. The employee may be redundant, or there may be an ongoing dispute which means that either the employee, the employer, or both wish to bring the employment relationship to an end. The point of a compromise agreement is usually to draw a line under the employment relationship. Typically the employee will agree to accept a sum of money in exchange for waiving any rights which he or she may have to take legal action against the employer. As a result, it is particularly important for the employee to take legal advice in relation to what he or she is being offered to ensure that it is fair and sufficient in the circumstances. Compromise agreements are not legally effective unless the employee has received advice on them from a relevant independent adviser such as a solicitor. ELP can provide advice and representation in relation to all aspects of compromise agreements, including negotiation and completion.

• Constructive Dismissal

  A constructive dismissal situation can arise where an employer behaves badly towards an employee, and the employee feels that he or she has no option but to resign. In this situation, provided the employee meets the various legal requirements, it is possible for the employee to proceed with an unfair dismissal claim against the employer. However, it is important to appreciate that such a claim will only be successful when an Employment Tribunal is convinced that the employer has committed a material breach of contract against the employee, and the employee has resigned because of this. Constructive dismissal claims are well known to be one of the most difficult types of claims to bring. That being the case, we would encourage clients to consult with us at the earliest possible stage if they are having difficulties with their employers. This allows us to provide clients with practical advice on how to deal with problems in the workplace, and if these are not resolved reasonably we can then advise clients in relation to constructive dismissal claims. We strongly recommended that employees should not resign prior to taking legal advice.

• Deductions from Wages

  Employees have a contractual right to receive wages and benefits from their employer in accordance with the written (or in some cases verbal) agreement which they have reached with the employer in relation to remuneration. However, employees are also afforded special legal protection against deductions from wages. Under the provisions of the Employment Rights Act 1996, generally speaking, employers are not entitled to make deductions from employees’ wages unless the employee has previously agreed to this in writing. There are exceptions to this, for example where the deduction is to take account of a previous overpayment made to the employee in error, but generally speaking, employees are well protected in this area. ELP can provide advice and representation in relation to all aspects of wages and remuneration.

• Disability Discrimination

  At ELP we have a particular belief that disabled employees should be adequately protected within the workplace. In addition to the underlying principle that all employees should be treated fairly and reasonably, the Disability Discrimination Act 1995 and the Equality Act 2010 place certain obligations on employers which are designed to promote equal opportunities for disabled employees. It is unlawful for employers to treat employees less favourably or unfavourably on the grounds that they are disabled, and it is also unlawful for employers to fail to make reasonable adjustments within the workplace to prevent the employee finding him or herself at a substantial disadvantage. There is a whole range of steps which employers might properly take to comply with the disability discrimination laws. These can include making physical changes to the workplace, providing employees with specialised equipment, and changing employees’ hours of work or responsibilities at work. Where disability discrimination has taken place the victim can be entitled to financial compensation including compensation for injury to feelings. ELP can provide employees with practical advice and representation in relation to all aspects of disability discrimination.

• Disciplinary Proceedings

  While there is an obvious need for employers to undertake disciplinary proceedings against employees in certain circumstances, it is important that these are conducted fairly. ELP can provide employees with advice in relation to any disciplinary proceedings which are being taken against the employee. We encourage employees to take advice from us at an early stage in disciplinary proceedings, as we can help ensure that the employee takes all of the necessary steps to defend the disciplinary proceedings. A solid and well-constructed defence is often what is needed to bring the disciplinary proceedings to an end. In disciplinary matters, employers are bound to follow fair and reasonable procedures. ELP can advise employees on whether or not this has been done, and on how to challenge unfair disciplinary action, up to and including the making of unfair dismissal claims in the Employment Tribunal.

• Employment Contracts

  All employees are entitled to receive a written statement of the major terms and conditions upon which they are employed within the first two months of their employment. This written statement normally takes the form of an Employment Contract. ELP can provide advice and representation with a view to ensuring that employees receive a written Employment Contract. We can also advise employees in relation to the terms of their Employment Contracts. It is often difficult for employees to argue successfully with employers in relation to the terms of their contracts, but there are minimum standards which employers have to meet, for example in relation to hours of work. In addition, higher level employees will often be in a stronger bargaining position, may have concerns in relation to the difficult area of restrictive covenants, and we can assist in relation to the negotiation of satisfactory terms of employment.

• Employment Tribunal Claims

  ELP provide employees with advice and representation in relation to all forms of Employment Tribunal claims. These are wide-ranging and can involve fairly straightforward matters such as unpaid wages and failure to provide Employment Contracts, and more complicated matters such as discrimination, harassment and unfair dismissal. We are very experienced in representing employees before Employment Tribunals. Our primary aim is to achieve a satisfactory settlement of claims prior to the point at which our clients have to go through the stress and expense of the Employment Tribunal Hearing. In cases in which settlement cannot be achieved we seek to ensure that all of the relevant evidence is placed before the Employment Tribunal and that the relevant evidence is given by witnesses in examination and tested fully in cross examination to give our clients the best possible chance of success. We prefer that employees contact us at the earliest possible stage if they are considering Employment Tribunal proceedings. However, we can also provide advice and representation to employees whose proceedings have already begun, provided we are given adequate notice of important dates such as Hearing dates.

• Equal Pay for Men and Women

  The Equal Pay Act 1970, the Sex Discrimination Act 1975, and the Equality Act 2010 seek to promote equality between men and women in the workplace. Sex Discrimination is dealt with as a separate topic below. In relation to equal pay, broadly speaking the legislation gives every employee a right to equal terms and conditions of employment where he or she does work that has been rated as equivalent under a job evaluation study, or where he or she can properly prove that the work they do is of equal value with that of a fellow employee of the opposite sex. The courts are prepared to imply into Employment Contracts “equality clauses” to the effect that the employer shall not treat an employee less favourably than another simply on the grounds of sex. The result is that employees can make claims for breach of contract in the Employment Tribunal and other Civil Courts to secure the right to equal pay. ELP can provide advice and representation in relation to all aspects of equal pay and sex discrimination.

• Flexible Working

  As a result of the Employment Act 2002 and subsequent legislation employees have the right to request a change in their terms and conditions of employment to allow flexible working patterns. The intention of this kind of legislation is to promote family friendly working arrangements for employees who have children or carer responsibilities. A specific procedure has to be followed by employees who wish to request flexible working arrangements, and in turn employers are obliged to deal with such requests in a certain way. ELP can advise employees on how to make flexible working requests, and on whether or not employers have dealt with such requests fairly and in accordance with the law. There has been concern on the part of employees that if an employer has followed the basic procedure and “considered the request” then it is very difficult to challenge the employer’s decision. However, it is important to realise that flexible working rules must be considered in conjunction with the rules on indirect sex discrimination which stem from the Sex Discrimination Act 1975 and Equality Act 2010. These discrimination rules place many employees in a better position to argue for flexible working arrangements. In the event that no agreement in relation to flexible working arrangements can be reached, ELP can provide advice and representation before the Employment Tribunal in relation to flexible working issues.

• Grievances

  ELP firmly believe that if an issue arises in the workplace which cannot be resolved informally, it is important to raise the issue with the employer as a grievance at an early stage. Submitting a grievance should be seen as a positive step because a reasonable employer who is confronted with a grievance will take steps to resolve the matter. Of course, some employers are not reasonable, but it remains important to follow a proper grievance procedure. If an Employment Tribunal ever has to consider a dispute it is often important for an employee to be able to show that he or she has attempted to have the matter resolved by way of a grievance. ELP can assist employees with the drafting and pursuit of grievances. We encourage employees to contact us at the earliest possible stage.

• Harassment

  Harassment in the workplace can take many forms. Generally speaking, harassment will take the form of conduct directed against a person which will make that person feel uncomfortable, threatened or vulnerable. Employees can suffer harassment from their colleagues or from employers themselves. The course of action to take in a harassment case will depend upon the circumstances, but employees are legally protected from harassment in a number of ways. Employees have the right to raise grievances against colleagues and superiors who harass them. Employees are also protected under the Protection from Harassment Act 1997. Where employees are harassed or victimised due to their personal characteristics, for example their sex or race, they enjoy additional protection under the Discrimination legislation. ELP can provide employees with advice and representation in relation to all aspects of harassment and victimisation at work.

• Holidays and Holiday Pay

  An employee’s Employment Contract should stipulate the employee’s entitlement to annual holidays and holiday pay. Some employers are more generous than others in this respect. However, employees do have an underlying legal entitlement to a minimum amount of paid annual holidays. This minimum derives from the Working Time Regulations 1998. At present, the minimum entitlement amounts to 5.6 weeks’ paid holidays per year including statutory and public holidays. ELP can provide advice and representation in relation to all holiday-related matters. The law in this area has evolved greatly, and in certain circumstances account can now be taken of the likes of overtime records when calculating the value of holiday entitlement.

• Hours of Work

  As a result of the Working Time Regulations 1998 employees are entitled to legal protection in relation to the hours which they work and the rest time or breaks which they receive between and during working days. Generally speaking, employees cannot be forced to work more than an average of 48 hours per week on an ongoing basis. Employees are also entitled to a minimum break time of 20 minutes over the course of every six hours of continuous work. Employees are also entitled to adequate rest times between shifts. ELP can provide employees with advice and representation in relation to working hours in all kinds of businesses.

• Ill Health

  Employees who suffer from ill health can find themselves in a difficult employment position. Employers will often take steps to bring an employee’s employment to an end if they believe that the employee is unable to fulfil their current role. However, employers are under a legal obligation to behave reasonably towards employees in this respect. Some employees also enjoy special protection under the Disability Discrimination Act 1995 and Equality Act 2010 which is dealt with under a separate heading above. In certain circumstances, employers will be obliged to consider making changes to an employee’s role to allow the employee to return to work. Employers can also be obliged to make physical changes in the workplace, to provide suitable equipment, and to deal with ongoing issues in the workplace, if these will assist the employee. Employers must refrain from making decisions too early. They must wait a reasonable time before dismissing employees who suffer from ill health, and they must not do so if there is a reasonable prospect of the employee returning to work within a manageable timescale. ELP can provide advice and representation to employees who suffer from ill health, and, where necessary, we can make arrangements to visit clients at their home if that is more appropriate.

• National Minimum Wage

  Employees in the United Kingdom are entitled to receive a minimum wage. For employees aged 21 and over the current national minimum wage rate is £6.70 per hour. For employees aged between 18 and 21 the current national minimum wage rate is £5.30 per hour. There are also lower rates which apply to certain apprentices and employees below 18 years of age. These rates are reviewed regularly. Despite the law on the national minimum wage certain employers in the UK do persist in paying employees at a lower rate, and foreign employees can be particularly vulnerable to this. ELP can provide advice and representation in relation to the national minimum wage and all other matters relating to pay and remuneration.

• Notice and Notice Pay

  Employees are entitled to receive notice if their employer wishes to terminate their employment. The length of notice which employers are obliged to give depends upon the length of service of the employee in question. Some employees’ contracts of employment will contain generous notice provisions. Otherwise, the statutory minimum periods of notice apply. Employees with between 4 weeks’ and 2 years’ continuous service are entitled to a minimum of 1 week’s notice. Employees with more than 2 years’ continuous service are entitled to 1 week’s notice for every year of service up to a maximum of 12 weeks’ notice. Employees are also obliged to give employers a minimum of 1 week’s notice if they are resigning, although most employers will require more than this if they have issued written Employment Contracts. As far as notice pay is concerned, employees are entitled to receive pay during their notice periods as normal. Employers will often retain the right to place employees on leave during their notice periods, or to bring the employment to an end early, but employees will retain the right to notice pay in those circumstances. ELP can provide advice and representation in relation to all aspects of notice and notice pay.

• Parental Rights

  In recent years family friendly legislation has resulted in an increase in parental rights enjoyed by employees. In addition to maternity rights and the right to request flexible working arrangements (both of which are dealt with as separate topics), employees can be entitled to parental leave, paternity leave and time off to deal with family emergencies. ELP can provide advice on all parental rights enjoyed by employees.

• Part Time Workers

  As a result of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 part-time workers have a specific legal entitlement to be treated no less favourably than comparable full-time workers who undertake substantially the same kind of work within the business. This rule applies to rates of pay, bonuses, shift allowances, sick pay, holiday entitlement and other benefits. The effect of the rule is that salary and benefits should be given to part-time staff on a proportionate basis to those given to full-time staff depending upon hours worked. Where they are not, employees have the right to raise grievance and Employment Tribunal proceedings. ELP can provide advice and representation in relation to all issues arising from part-time work.

• Pregnancy and Maternity

  Employees enjoy various legal rights both during and following pregnancy. For example, during pregnancy employees are entitled to paid time off to attend ante-natal medical appointments. Employers are obliged to take reasonable care for the health and safety of pregnant employees. Of course, employees are entitled to begin maternity leave prior to their expected date of childbirth. Employees are entitled to take 26 weeks ordinary maternity leave, and a further 26 weeks additional maternity leave. Employers have different terms and conditions in relation to pay while on maternity leave. As a minimum statutory maternity pay is payable, and the statutory maternity pay period has recently increased to 39 weeks. Other than remuneration, the majority of employees’ contractual benefits continue during ordinary maternity leave, and employers are obliged to do all that they reasonably can to ensure that employees returning from maternity leave can return to their original roles. Of course, employees whose family circumstances change are entitled to request flexible working arrangements. This is dealt with as a separate topic above. ELP can provide advice and representation to employees on all employment matters relating to pregnancy and maternity.

• Racial Discrimination

  The law concerning racial discrimination is governed primarily by the Race Relations Act 1976 and the Equality Act 2010. In general terms it is unlawful for employers to treat employees and prospective employees less favourably on racial grounds, for example because of employees’ colour or race, or ethnic or national origins. It will also generally be unlawful for employers to apply requirements or conditions to employees, for example in relation to clothing or hours of work, which present more difficulties to one racial group than another. The circumstances in which discriminatory treatment can be justified are limited. The Race Relations Act 1976 and the Equality Act 2010 also offer employees protection against racial harassment, and from victimisation resulting from the fact that employees have made a complaint in relation to racial discrimination. Employees should be aware that in relation to racial discrimination matters a legal remedy can lie against both the employer and the particular perpetrator of the discriminatory act. Where racial discrimination has taken place the victim can be entitled to financial compensation including compensation for injury to feelings. ELP can provide employees with advice and representation in relation to all aspects of racial discrimination.

• Redundancy

  Employees can be made redundant where an employer’s business circumstances are such that they no longer require employees of a particular type, where they have too many employees of a particular type, or where a particular workplace is closing down. However, where an employer is considering redundancies the employer is obliged to follow proper procedures, and to behave fairly towards individual employees. Employers should only make employees redundant where they have properly considered the alternatives, including possible alternative employment for employees, which could avoid the need for job losses. Essentially redundancy should be a last resort. Where employers are selecting individuals for redundancy they must do so using fair and objective criteria. Employers should decide which employees will remain with the business depending upon which employees are of most future value to the business, rather than on more subjective criteria such as whether or not the employee’s manager likes or dislikes the employee. ELP can provide advice and representation on all matters relating to redundancy, including redundancy pay, notice periods, redundancy consultation procedures, unfair selection for redundancy and unfair dismissal.

• Religion and Belief

  Since December 2003 it has been unlawful to discriminate against employees and prospective employees on the grounds of religion and belief as a result of the Employment Equality (Religion or Belief) Regulations 2003 and the Equality Act 2010. In general terms it is unlawful for an employer to treat an employee or prospective employee less favourably on the grounds of the employee’s religion or belief, and it is also unlawful for an employer to apply an unreasonable condition on an employee which places that employee at a disadvantage as a result of the employee’s religion or belief. The legislation also protects employees from harassment in the form of unwanted conduct which has the purpose or effect of violating the employee’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for the employee. Employees are also protected from victimisation in the form of less favourable treatment by the employer because the employee has raised an issue relating to religion or belief. ELP can provide advice and representation on all matters relating to religion, belief and the workplace.

• Severance Packages

  At ELP we provide advice on a daily basis in relation to severance packages. Severance packages are often negotiated when either the employee, the employer or both feel that the employment relationship should come to an end, but that this should involve some kind of financial package. Financial packages of this kind can cover salary, notice pay, compensation for loss of employment or office, redundancy pay, and payment in respect of various other matters including non-competition clauses and confidentiality clauses. Non-financial matters such as employment references, and agreement that neither party shall badmouth the other, are also often important. As a result of our experience in dealing with severance packages and Employment Tribunal claims we are in a position to give expert advice on whether or not severance packages being offered are satisfactory or unreasonable. Severance packages will often take the form of settlement agreements or compromise agreements, and we are qualified to sign these off as “relevant independent advisers”. We can provide advice and representation in relation to all aspects of severance packages, including negotiation and completion.

• Sex Discrimination

  Under the Sex Discrimination Act 1975 and the Equality Act 2010 it is unlawful to discriminate against employees and prospective employees on the grounds of their sex. The effect of this is, for example, that employers should not give unfair preference to men or women, on the basis of their sex, at any stage in the employment relationship. This includes the job application stage, interviews, terms and conditions offered to employees, and promotions. It is also unlawful for employers to impose an unreasonable condition, for example on a woman, which the employer would also impose on a man, but which is more to the detriment of woman generally than it would be to men. An example of this “indirect discrimination” would be an unreasonable insistence that all employees work full-time. The legislation also provides employees with separate protection from harassment. In this context harassment can take place where an employer subjects a woman to unwanted conduct which has the effect of violating her dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for her. Employees are also protected from being victimised because they have raised a sex-related issue in the workplace, or because they have rejected some kind of sexual advance. Employees who are victims of sex discrimination, harassment or victimisation are entitled to make Employment Tribunal claims against both the employer and the individual perpetrator of the act. Employment Tribunals have jurisdiction to award financial compensation in these respects, including compensation for injury to feelings. ELP can provide employees with advice and representation in relation to all aspects of sex discrimination, harassment and victimisation in the workplace.

• Sexual Orientation

  Since December 2003 it has been unlawful to discriminate against employees and prospective employees on the grounds of their sexual orientation as a result of the Employment Equality (Sexual Orientation) Regulations 2003 and the Equality Act 2010. In general terms it is unlawful for an employer to treat an employee or prospective employee less favourably on the grounds of the employee’s sexual orientation. The legislation also protects employees from harassment in the form of unwanted conduct which has the purpose or effect of violating the employee’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for the employee. Employees are also protected from victimisation in the form of less favourable treatment by the employer because the employee has raised an issue relating to sexual orientation. ELP can provide advice and representation on all matters relating to sexual orientation and the workplace.

• Time Off Work

  Employees are entitled to time off work in a variety of circumstances. Whether the time off is paid or unpaid will depend upon the terms of the employee’s contract of employment, and also the legislation which governs the type of time off work that is being taken. Employees can be entitled to time off work when they are sick, when they are pregnant, when they have family responsibilities, and when exceptional circumstances arise such as citation to court or jury duty. ELP can provide full advice in relation to employees’ rights in these circumstances.

• Unfair Dismissal

  Unfair dismissal is one of the most common types of claim made in the Employment Tribunal. The current law in relation to unfair dismissal is contained primarily in the Employment Rights Act 1996. At ELP we have a great deal of experience in advising and representing employees in relation to unfair dismissal. A dismissal can only be fair if it is for one of the “potentially fair” reasons, which include conduct, capability and redundancy. Before an Employment Tribunal will accept a conduct dismissal as fair, the employer must be in a position to demonstrate that proper procedures have been followed, and that dismissal is a reasonable response to the employee’s conduct. Generally speaking employees should not be dismissed for conduct unless they have committed an obvious act of gross misconduct, where they have received a number of similar warnings previously, or where they have been put on fair notice that the conduct in question is likely to result in dismissal. In relation to performance issues, employees should always be given the chance to improve their performance and should be given assistance and training where appropriate. Where employees have been unfairly dismissed, Employment Tribunals have jurisdiction to award compensation, principally by reference to what the employee has lost as a result of being dismissed and in addition by reference to a “Basic Award” which is of the same value as a statutory redundancy payment. ELP can provide employees with advice and representation on all matters relating to unfair dismissal, including preparation for disciplinary hearings, preparation for appeal hearings, negotiation of severance packages, and applications to Employment Tribunals.

• Victimisation

  Employees have a general right not to be victimised by employers. In addition, as a result of the various pieces of anti-discrimination legislation referred to above, employees have specific rights not to be victimised because they have raised issues with their employer in relation to matters such as sexual equality, racial equality, disability, age equality, sexual orientation, and religion and belief. This protection applies both to employees who feel that they have been the victim of discriminatory treatment, and other employees who have been involved as witnesses in internal proceedings. ELP can provide advice and representation to all employees who believe that they have been victimised in the workplace.

• Wages

  Employees are of course entitled to be paid for the work that they do for employers. The amount of payment that employees are entitled to receive will depend upon the terms of their Employment Contract or other agreement with the employer, although this can be overridden by the National Minimum Wage legislation if the employer has not offered to pay enough (this is dealt with under a separate heading above). Where employees do not receive their proper wages they are entitled to make claims before the Employment Tribunal in respect of unlawful deductions from wages and breach of contract. ELP can provide employees with advice and representation on all issues relating to wages.