A decision may be by a 2 to 1 majority. There are a number of claims that can be brought before an Employment Tribunal; the most common being unfair dismissal, race discrimination, sex discrimination, disability discrimination and breach of contract. Less common are claims under TUPE and claims for 'whistleblowing'.
Legal aid is not normally available for representation before an Employment Tribunal. It is only avaiable in very exceptional cases.Don't let that worry you because we will represent you on the basis of 'no win, no fee'. That means you do not pay us a single penny if we don't win. Not only that, you will find our fees are far more modest than those charged by other so-called claims specialists or by solicitors.
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Employment law is complex, especially since the dispute resolution regulations which came into force on the 1st October 2004 have now been swept away as of 6th April 2009. These were subject to constant criticism and have been replaced with a new system and compicate transitional arrangements. In addition new procedure rules have been introduced for Employment Tribunals.
The new law can be found in the Employment Act 2008 and Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2008.
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In order to qualify to claim unfair dismissal a claimant must normally have been continuously employed for 12 months. However, there are exceptions to this rule; notably claims based on a dismissal for 'asserting a statutory right' or for whistleblowing. At present the maximum basic award is £9,900 and the maximum compensatory award for unfair dismissal is currently £63,000. Some unfair dismissal awards are not capped, eg, claims for whistleblowing. Unfair dismissal claims must be brought within 3 months of what the law calls the 'effective date of termination'.
Discrimination claims are based on race, sex or disability. You do not need to be employed 12 months to make a claim. In fact, you do not need to be employed at all if, for instance, your claim is on the ground that the prospective employer did not give you the job you applied for because you are female; that would be sex discrimination. A discrimination claim must be brought within 3 months of the 'act complained of'.
Employment Tribunals have jurisdiction to deal with breach of contract claims arising from employment capped at £25,000. Claims for breach of contract include claims for wrongful dismissal which is not quite the same thing as unfair dismissal: see below.
Claims for wrongful dismissal usually arise when an employee is dismissed in breach of their contract of employment, but have not been employed long enough (ie 12 months) in order to qualify to claim unfair dismissal. In such circumstances, the claim is limited to the amount the ex-employee has actually lost or spent because of the breach; eg, they were only given one week's pay in lieu of notice when under the contract of employment they ought to have received 4 weeks' pay: in such circumstances, the claim would be for 3 weeks' pay.
This is a claim under the Public Interest Disclosure Act 1998 and arises when an employee is dismissed for making a 'protected' disclosure (eg, discloses a criminal offence by the employer).There is no cap on compensation and it is not necessary to have worked 12 months in order to claim.
TUPE is short for the Transfer of Undertakings (Protection of Employment) Regulations. TUPE applies when an 'economic entity' is transferred from one employer to another, in which event, the rights of all affected employees transfer at the same time. The transfer of an 'economic entity' will usually arise when there is a takeover or merger. But TUPE can also arise when there has been a transfer of part of a business providing that part is deemed to be an 'economic entity’. The law relating to TUPE is particularly complex and relies heavily on EU case law precedents
We are not authorised to represent clients in England or wales in relation to employment law matters.