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Redundancy and your rights

30/03/2009

EMPLOYMENT law can be complicated, and few people have a clear idea of all their rights at work. The Bolton News

If you think your employer has treated you unfairly, it is important to get legal advice at the earliest opportunity. In some circumstances there are particular steps you must follow to sort problems out with your employer before you can take a complaint to an employment tribunal, as well as specific deadlines for making such complaints. Generally, the longer you leave a problem, the harder it is to solve.

A solicitor can: Explain your options; tell you if you have a legal case against your employer; help you decide whether your case is worth taking further; and explain what you should do next.

Starting the process: When you have found a solicitor you should explain your situation briefly and set a date for a meeting. Make sure that you mention the dates of the events you are concerned about. If you plan to take someone with you to the meeting, mention this and ask if there are any documents you need to bring.

What your solicitor will need to know: Your solicitor is likely to ask you: how long you have worked for your employer; your earnings; details of the problem; events leading to your current situation; whether you have any relevant documents; you have already done anything to sort the matter out. Exploring the alternatives: Your solicitor can explain your options.

If your solicitor believes you have a case and you want to take it further, you need to decide how you are going to do this. If you have not already done so, you may need to try to sort the problem out with your employer direct before taking any other action.

Your solicitor can help you set out your case and, if appropriate, try to negotiate a settlement for you. If you are happy to carry out negotiations directly with your employer, your solicitor can offer useful advice on this. If you cannot solve the problem with your employer direct, an employment tribunal may be your best option. Your solicitor can help by preparing your case or representing you at the tribunal.

Following your employer’s procedures: It is important to try to sort out your problem with your employer direct first. In some circumstances, employment tribunals will not hear your claim unless you can show that you have set out your complaint in writing to your employer before taking your claim to the tribunal. If you have started using your employer’s complaints procedures or if your employer has started to take action against you (for example, about your behaviour, quality of your work, ability to do your job or your attendance) you should try to go to any arranged meetings and use any appeal procedures your employer has in place.

You should try to solve your problem with your employer direct because: matters can often be sorted out quite quickly this way; and employment tribunals can reduce your compensation if you haven’t tried to sort out the matter with your employer before taking your case to them.

Redundancy: If your claim is about redundancy payments, you have six months to make your claim to the tribunal, from the date you were dismissed. If your complaint is about something else your employer has done, you must first set out your complaint in writing to your employer within three months of the date of the events you are complaining about. You must then wait 28 days from the date that you wrote to your employer before you take your claim to a tribunal. In these circumstances, you have six months from the date of the event to make your claim to the tribunal. The deadlines may be extended, but only in special circumstances. Because the rules on time limits are complicated it is worth getting advice from a solicitor as soon as you can to make sure you make your claim in time.

Solicitors’ fees: Charges can vary depending on the experience and knowledge of the solicitor and how complicated your case is.

Help with costs: Legal aid is not available to pay for a solicitor to represent you at a tribunal. If your income is low, you may be able to get financial help to prepare your case before it reaches tribunal. For free advice on this contact your local citizens’ advice bureau or law centre or at www.lawsociety.org.uk/findasolicitor.law

Tribunals can order that you pay the employer’s costs if you have acted unreasonably by making your claim. Your employer might have to pay your costs if they have acted unreasonably by disagreeing with your claim. Your solicitor can give you advice about this.

For help and advice in relation to any of the above please visit our employment page or contact our specialist team.