If you're having a problem at work, such as a dispute with your employer, talk to Tees. We'll explain your legal rights and options for getting it resolved.
If you have concerns or complaints about something that’s happened at work, it’s usually best to try to sort problems out informally. Talk to your employer, starting with your manager – or if they’re the cause of the problem, HR or another manager that you trust. If not suitable for dealing with informally, or matters are not resolved, you may need to raise a formal grievance.
A grievance meeting or hearing will be the meeting that takes place to consider your formal grievance. This is usually after prior informal attempts to resolve the problem have been unsuccessful.
At the meeting you can communicate your complaint in more detail, share written evidence and ask questions; your employer will also likely ask questions. You will be able to say what it is you want done about the problem; your employer may, reasonably, have already invited to you provide details of your desired outcome. It’s not meant to be an adversarial meeting with two opposing ‘sides’ and both parties should seek to understand and discuss the issues and see how they might be resolved.
After the meeting your employer should respond in writing and if your grievance isn’t upheld, they should tell you that you can appeal.
You can find out more about raising a grievance on the ACAS website.
Our specialist employment solicitors can help you by:
No employment problem is exactly the same and as such, our fees will reflect the particular circumstances and requirements.
Complexity of facts and extent to which this is disputed
Volume and nature of documentation involved and whether there are any issues on what documents the parties have or haven’t disclosed to each other
Whether or not the Tribunal lists the matter for a pre-hearing (this is a hearing before the main trial, typically when the Judge decides what legal issues there are and makes directions about what happens next)
Numbers of witnesses
Number of parties involved
Numbers of days’ hearing the matter is scheduled for
Legal issues arising on if a Claimant is eligible to bring a claim and/or other procedural issues
How much the case is worth and legal complexity of the complaint(s)
Key Stages and typical costs for a relatively straightforward matter (in each case plus VAT)
*this will depend upon the call and experience of the barrister
Our fees include:
We charge on the basis of hourly rates, which are as follows:
For the avoidance of doubt, VAT is charged in addition to the costs and disbursements. VAT is charged at 20 % in addition to the costs/disbursements set out above.
We will assess each case and discuss with you the most cost-effective strategy. This may include settling the case at an early stage to minimise legal costs. More complex claims involving discrimination, protected disclosure etc. may need to be subject to separate pricing but we will advise you at the time if this is necessary.
The costs in each case will depend on the factual and legal complexity of claims submitted and the above noted estimates are indicative and subject to review of the circumstances of your case.
An employment tribunal is like a court, specifically for handling employment disputes where an employee is bringing a claim against his or her employer. It’s made up of a judge sitting alone or a panel of three people, one of whom will be a judge, who will be legally qualified in employment law; the other two are lay members – that is, not judges or lawyers by profession, although they will have experience in employment issues. One will be an employee representative, and the other an employer representative. Some cases can be heard just by the judge. Cases of discrimination must be heard by three judges. Although it’s not a requirement to have a lawyer represent you, most people choose to have legal representation.
For a dismissal from a job to be considered potentially fair it must be on a ground set out under section 98 of the Employment Rights Act:
For the dismissal to be fair it will often need to pass the test of being within the range of reasonable responses of an employer. The employer will need to follow an appropriate fair process to minimise the risks of a claim finding procedural unfairness.
Sometimes the situation is such that it’s considered to be an automatic unfair dismissal. This would be when it relates to something where the employee is protected by law such as: