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Employment Law

Employment law is a relatively fast moving area of law and can involve complex issues. Whatever issue(s) you are facing, either as an employer or employee, we can help by providing you with a personalised service from an experienced solicitor who will keep in direct contact with you.

We provide advice and services to employers and employees on:

• Unfair dismissal
• Wrongful dismissal
• Settlement agreements
• Contracts of employment
• Redundancy/re-organisation situations
• National minimum wage
• Working Time Regulations
• Maternity/Parental/Flexible working rights

• Sex discrimination
• Sexual orientation discrimination
• Racial discrimination
• Religion or belief discrimination
• Disability discrimination
• Age discrimination
• Marriage and civil partnership discrimination
• Pregnancy and maternity discrimination

So if you believe you have suffered from any of these issues or are facing such a claim, contact us now.

We can also provide a 'health check' on your internal policies. These can be important for instance in ensuring your business is doing all it can to avoid being vicariously liable for discriminatory acts by your employees. We can similarly assist with drafting contracts and particulars of employment as well as staff handbooks in terms which ensure your business interests are safeguarded. (For instance it’s now important to have a clear policy on use of the internet and e-mail at work).

Unfair Dismissal

If you have been dismissed without good reason, Qore Legal can support you in making a claim for unfair dismissal. We represent clients at all stages of the dispute resolution process. This can include negotiating on your behalf, including through the Advisory Conciliation and Arbitration Service (ACAS), as well as issuing employment tribunal proceedings and providing presentation at the employment tribunal if necessary. We also offer advice, assistance and representation in pursuing other employment related claims, including for :

Alternatively, if you are an employer facing an unfair dismissal and/or other employment tribunal claim then we can help you conduct the most robust defence possible. Prevention is however often better than cure and we are available to advise on practice and procedure before you make potentially expensive dismissal decisions, helping to ensure you correctly take the required procedural steps. (Even if an employer has very good reasons for dismissing someone it is not uncommon for the employer to still lose at the Employment Tribunal due to having 'slipped up' procedurally). It is therefore important to ensure that you are procedurally correct in how you handle a situation involving an employee, particularly where this leads to termination of employment. This is therefore another important area in which we offer guidance and advice.

Frequently Asked Questions

The following is designed for guidance only. You should only rely on specific advice given to you by a lawyer who has been provided with your specific details and circumstances.

Do I need a settlement agreement to settle a claim without a tribunal judgment?

There are only two ways for ensuring a finally resolved ‘clean break’ settlement between an employer and employee in an employment law dispute. That is by either a COT3 agreement through the Advisory, Conciliation and Arbitration Service (ACAS) or by a settlement agreement (previously called a compromise agreement). A settlement agreement is generally more extensive, typically detailing all actual and potential claims being settled and possibly providing for other matters such as an agreed reference and continuing restrictions on not ‘poaching’ the employer’s customers, clients and/or staff.

Are settlement agreements tax free?

The first £30,000 of agreed settlement amount is generally tax free.

Does a solicitor need to be involved with a settlement agreement?

Yes a solicitor must sign to confirm that s/he has advised the employee on her/his rights and remedies to ensure that the employee makes a fully informed decision before agreeing to the settlement terms. This requires the employee to instruct a solicitor for this.  A solicitor can also provide much assistance to an employer or employee when the parties are negotiating the terms of a settlement agreement. For instance your solicitor can advise on the value of the claim, the prospects of success at an employment tribunal, terms for what the employee can and cannot do post termination and what the employer will provide in a reference etc.  

What happens if one party does not comply with the terms of the settlement agreement?

Examples of this happening include the employer not paying the agreed settlement amount or the employee disclosing the settlement terms in breach of a confidentiality clause. A settlement agreement is a type of contract and just as with any contract a party can issue legal proceedings in court for breach of contract if the other party does not comply with an enforceable term of the agreement.

Are there any matters which a settlement agreement cannot provide settlement for?

Yes, an employee cannot be forced to agree not to disclose information or details of a claim or conduct which it would be against the public interest to conceal. An example of this is sexual harassment (an issue which has of course been very much highlighted recently in the media).

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