Frequently Asked Questions
Am I legally entitled to a contract of employment?
You are entitled to a Statement of Main Terms and Conditions of Employment when you start work with an employer. You should receive this within two months of your start date. The following particulars must be contained in a single document:
- The names of the parties
- The dates when employment began
- The date that continuous employment began
- Remuneration
- Hours and holidays
- Job title or description
- The place of work
You employer may then give you further particulars dealing with other employment issues, which can be contained in a separate document.
Can I make a claim?
Generally, you must have been employed continuously for one year in order to make a complaint to the Employment Tribunal. This rule does not apply to all types of claim and the following are examples of such types of claim:
- Discrimination claims
- Dismissal for a reason connected to trade union participation;
- Dismissal for a reason connected to health and safety;
- Dismissal as a result of asserting a statutory right;
- Dismissal on the grounds of pregnancy
This list is not exhaustive, and if you are unsure of whether you can claim, you should call one of our advisors.
Is there a time limit on when I can make a claim?
Yes. Generally speaking, there is a three month time limit on bringing a claim before the employment tribunal. This period starts to run from the effective date of termination (in the case of dismissals) or from the last act of discrimination (in the case of discrimination).
Who will handle my claim?
A member of our employment team, who are experienced lawyers. The work is also overseen by the Managing Partner.
Will it cost me anything?
We will advise you how best to progress your claim and will then consider all funding options with you, to find the best funding for you.
If I win my claim, will I pay anything then?
We may on occassion provide a ‘no win, no fee’ service. Employment claims are conducted under a ‘contingency fee arrangement’.
This means that if you do not win, you pay us nothing (expect for in very limited circumstances such as disbursements – you should refer to the full agreement for details). If you win your claim, we will take a percentage of the compensation to cover our fees.
If your claim is settled prior to a tribunal hearing, our fees will be 33% of any compensation awarded. If the matter goes to a full tribunal hearing, our fees will be 40% of any compensation awarded.
Your office is not local to me, so I cannot call in. Will this be a problem?
No. You can post or e-mail documentation to us, and we can handle your claim in this way. Where necessary, one of our team will come to you to discuss the case.
