Examples of employment disputes

Employment disputes can occur in the workplace for a variety of reasons and can have a serious effect on those involved. These disputes can arise from the moment of employment through to the termination of an employment contract. Some of the most prominent employment issues include the following: 

• Contractual disputes
• Constructive dismissal
• Unfair dismissal
• Redundancy
• Discrimination on the basis of sex, age, disability, religion and more
• Workplace bullying and harassment
• Worker status
• Restrictive covenants
• Disciplinary, grievance or misconduct proceedings
• Settlement agreements
• Wage deductions, holiday pay disputes and working time

Disputes in the workplace can lead to worry about income, reputation and future career. In any situations like these, it is essential to have employment law experts on your side for support every step of the way.

Settlement agreements

Employers will often seek to settle employment disputes without going to an Employment Tribunal in order to protect their business reputation. One method that is used is to negotiate a settlement agreement with their employee.

A settlement agreement is a formal arrangement in which an employer agrees to terms to either stop treating the employee unlawfully, pay them a sum of money or bring the employment to an end.

In return, the employee will agree to waive their claims and will no longer be able to take the employer to an Employment Tribunal. However, a settlement agreement will not be binding unless the employee receives independent legal advice.

Employment Tribunal

If you are thinking of making a claim to an Employment Tribunal, you must first notify the Advisory, Conciliation and Arbitration service (ACAS). ACAS is a Government funded organisation that assists both employees and employers through workplace disputes.

You will then be offered the option of ‘early conciliation’. During early conciliation, you will be assigned an early conciliation officer who will act as a mediator but will not give you advice.  

If an employee and an employer cannot reach an agreement during settlement agreement discussions or early conciliation, the claim can be taken to an Employment Tribunal. The individual who is bringing the claim will have 3 months from the date of the employment termination or the event that triggered the dispute leading to the claim.

Employment Tribunals can be complicated and can take time to come to a conclusion. Therefore, it is essential to have an employment law solicitor on your side to explain the relevant law and provide representation in the Tribunal hearing.

Funding an employment dispute

For most individuals, the cost of bringing a claim to the Employment Tribunal can be expensive. This often deters them from standing up for their legal rights in employment dispute cases. However, most employment law solicitors offer a range of funding options, such as fixed fee, no win no fee agreements, third party funding or contingency fee agreements. 

If your solicitor agrees to take on your case on a no win no fee or contingency fee agreement, it is likely that you will be required to take out After the Event Legal Expenses Insurance.

This type of insurance is used to protect claimants from the risk of having to pay the other side’s costs if their case is unsuccessful. The insurance policy will respond to the opponent’s legal fees and, on occasion, it may insure disbursements, depending on the policy.

There is usually an upfront cost for commercial ATE insurance. In some circumstances, however, payment of this insurance premium is deferred until the conclusion of the case and clients may only pay for this premium from the funds received if their case is successful.

Who can Annecto Legal assist with employment disputes?

Annecto Legal regularly helps professionals and executives across a range of industry sectors. The employment solicitors that we can connect you with can assist if you are a: 

• Employee
• Partner
• Contractor
• Senior Executive
• Board member
• Professional regulated individual, such as a solicitor
• Teacher
• Healthcare professional or doctor

How can Annecto Legal assist?

Annecto Legal help clients realise the value of their commercial litigation claims. Annecto Legal was established to help clients pursue claims for their financial benefit and remove any perceived cost barrier to litigation.

The process of employment law cases can be complex and daunting for those seeking to pursue them. Therefore, we recommend that you contact our team as soon as possible so we can get you the legal guidance that you require as well as funding for your case.

Although Annecto Legal do not deal with employment law claims, we can pass your enquiry onto a firm of solicitors who can assist.

Annecto Legal are authorised and regulated by the Financial Conduct Authority FRN: 707558 as an Appointed Representative of 2direct Limited. We are not a firm of solicitors nor a claims management company. We do not receive payments for passing enquiries onto firms of solicitors.

The firms we may pass you onto are independent firms and not linked with Annecto Legal in any way. If you proceed to make a claim, we can assist by providing funding or legal expenses insurance for your case. 

Get in touch with an expert member of our team to find out more about the employment lawyers we work with. For a free initial consultation, call us today 0800 612 6587, or our Director, Mark Beaumont, can be contacted by email mark.beaumont@annectolegal.co.uk