Employment Solicitors Leicester

How we can help you with employment law advice

Our Leicester based Employment Law solicitors specialise in a wide range of employment law matters including:

Workplace disputes-We can help you to resolve workplace disputes swiftly, whether through providing initial legal advice, arbitration, conciliation, and arbitration methods or supporting you at an Employment Tribunal

Exit packages and settlement agreements-We can help you get an exit package or settlement agreement that provides you with the best possible outcome, without damaging the relationship with your employer

Employment Tribunals-We can advise you before you take your claim to the Tribunal by discussing the ACAS early conciliation process with you, as well as supporting you if you take your claim to the Employment Tribunal or help you with an appeal

Support for senior executives and directors-We can review and help you negotiate better terms and conditions when taking up a new role and revise unfair terms or restrictions as well as negotiate a favourable settlement when you leave a role to maximise your severance package

Why choose Rothera Bray for Employment Law in Leicester?

Knowledge and experience across all sectors and roles: We act for employees across a wide variety of industries, sectors and job roles, from junior members of staff to director level

Reaching a solution: We will always try to reach a solution with your employer through negotiation, however if this is not possible, we have significant experience in taking cases to court or tribunals

Keeping you updated: We know how stressful it can be when your job, and possibly your career, is at stake. We aim to act swiftly and efficiently and keep you updated on any progress at all stages

Client satisfaction: We pride ourselves on ensuring our clients receive the best service possible

Can I make a claim for unfair dismissal?

If you think your employer has not followed fair employment procedures or they have terminated your contract without a justifiable reason for doing so, then you may be able to make an unfair dismissal claim.

Employers must prove or submit one of the following five reasons in order for the dismissal to be regarded as fair:

• The conduct/misconduct of the employee
• The capability, capacity, performance, or qualifications of the employee
• A redundancy in the business
• A Statutory Duty or restriction preventing the employment being continued
• Some Other Substantial Reason (SOSR)

To be eligible to make a claim you must have worked continuously for your employer for at least 2 years. However, if your employer dismisses you because you are pregnant, you have applied for maternity/paternity or parental leave, you have exercised the employment rights you are entitled to, you have joined a union or become a union representative, you have asked about flexible working or you have reported wrongdoing (whistleblowing) then you are eligible to make a claim even if you have only worked for your employer for a short amount of time.

How long do I have to make an unfair dismissal claim?

You usually need to make your claim within three months and one day of the date your employment ended in order for an employment tribunal to consider your claim. You must contact ACAS (the Advisory, Conciliation and Arbitration Service) before you submit your claim as they might be able to avoid the need for a tribunal by offering an ‘early conciliation’ which is an agreement made between you and your employer. Regardless of whether you want to make an early conciliation or not, you need to contact ACAS before submitting your unfair dismissal claim.

Do I have to use a solicitor for an employment law claim?

You do not have to use a solicitor to make a claim to the Employment Tribunal, however the decision made by the Employment Tribunal is legally binding and getting legal advice can provide you with support and help you understand the stronger and weaker aspects of your case. Employment Tribunal claims can often last up to 12 months, and instructing a solicitor can ensure you understand the complex laws involved and make sure your interests are represented throughout the duration of the claim.

What are non-compete clauses?

Non-compete clauses are specific clauses that prevent former employees from working for a competitor, taking key clients or employees with them, or setting up a competing business, typically within a certain location and for a limited amount of time. As a result they can potentially stop people working in their chosen industry.

Can non-compete clauses be enforced?

In the UK non-compete clauses are highly enforceable; however the restrictions must be tightly defined in order to be reasonable and must only be in place for a limited amount of time.

The government recently reviewed whether non-compete clauses are still appropriate and following a consultation published a response in May 2023 saying that non-compete clauses should be limited to a maximum length of three months. This decision will apply to all individuals no matter their knowledge of the business or seniority. There is no set date yet on when legislation around this will be introduced.

What is a settlement agreement?

Formerly known as a Compromise Agreement, a settlement agreement is used by an employer and employee so they can part on agreed terms. A settlement agreement is legally binding provided the employee receives advice from a qualified solicitor (a cost that the employer sometimes covers) or union representative and can offer benefits and financial compensation to the employee and avoid the employee taking the employer to court.

The terms of the agreement are usually kept confidential, and the employee is typically offered a severance payment by the employer in return for them not pursuing any claims in a Tribunal or Court.

How do you negotiate a settlement agreement?

Since it is a legal requirement to obtain independent legal advice before signing a settlement agreement, we would advise negotiating the terms of the agreement with an employment law solicitor who specialises in settlement agreements, as they will be able to advise you on any risks and implications related to the terms. Consider what your employer is hoping to achieve from the settlement agreement and whether you can secure your aims by agreeing to the employer’s requests. It is also advised not to hand in your resignation whilst you are in dispute with your employer as this can weaken your position when it comes to negotiating your settlement agreement. By remaining employed, the employer will have to pay a settlement to end the employment relationship.

What is constructive dismissal?

Unlike unfair dismissal, where your employer lets you go without a fair reason for doing so, constructive dismissal involves an employee feeling forced to resign rather than being dismissed. There are various reasons why you might feel forced to resign, including:

• Changes to working conditions
• Changes to your employment status such as demoting you for no justifiable reason or taking disciplinary action against you
• Changes to your pay, such as cutting your pay, failing to pay you or failing to pay a bonus that is contractually due
• Behaviours by your employer such as humiliating or undermining you in front of colleagues, ignoring bullying or harassment towards you by other colleagues, or giving you an excessive workload that you can’t cope with

Unfortunately the majority of constructive dismissal cases do not result in winning compensation because the tribunals often decide there is insufficient evidence to show that the employer’s conduct was so bad that the employee’s only option was to leave, or the judge decides that the employee left it too late to resign and has accepted the misconduct of their employer.

Can my employer change my contract?

Whilst your employer can legally make some changes your contract without your specific agreement, these clauses need to be narrowly defined to ensure that they are reasonable and fair. If, on the other hand, the clause states that the employer can vary any terms of the contract this might be invalid, as it wouldn’t be considered fair.  There are also some changes that the employer can’t make to your contract without your consent.

If your employer has made changes to your contract without your agreement your options are to either say you will try working with the proposed change for a trial period before taking further action or mention the matter informally and if this doesn’t work and you want to leave, send a without prejudice letter stating how much you are asking for as an exit package. If the without prejudice letter fails to work your next step might be to submit a grievance and then to submit an Employment Tribunal claim.