Employment law advice
Employment solicitors supporting employees in Preston
Employment issues can affect your income, career and the way in which you leave or continue in your role. Pre-Law assists employees in Preston with settlement agreements, redundancy situations, unfair and constructive dismissal, workplace disputes and Employment Tribunal proceedings.
We take the time to establish the circumstances behind your employment problem before advising on the way forward. Whether you need an agreement reviewed, want to challenge an employer’s decision or are considering formal proceedings, our solicitors can explain your legal position and help you decide how best to proceed.
- Settlement Agreements
- Redundancy & Voluntary Severance
- Unfair Dismissal & Constructive Dismissal
- Employment Tribunal & Disputes
Settlement Agreement Solicitors in Preston
Legal Advice on Settlement Agreements in Preston
A settlement agreement can bring your employment to an agreed end or resolve an existing workplace dispute. Pre-Law advises employees who have received proposed settlement terms and need to understand the offer before deciding whether to accept it.
Signing normally involves giving up the right to pursue specified employment claims against your employer. There are statutory requirements which must be satisfied for this waiver to be effective, including receiving advice from an appropriate independent adviser.
We examine more than the headline compensation figure. Our advice can cover notice arrangements, salary and holiday payments, tax provisions, confidentiality requirements, post-termination restrictions and any reference proposed as part of your departure.
We will also consider the circumstances in which the agreement has been offered. This allows us to identify relevant employment claims or other issues which may affect whether the proposed package should be accepted or further terms requested.
Why Pre-Law
Support with the terms of your employment exit
Settlement documents can contain wide-ranging obligations which continue after your employment has ended. We break down those provisions so that you know what you will receive, what rights you will surrender and what commitments you will continue to have.
Your advice will be based on the agreement you have actually received and the events surrounding it. Where wording is unclear or does not properly reflect what has been agreed with your employer, we can identify the point before you sign.
An initial offer does not always have to be the final position. If the circumstances provide a proper basis for seeking changes, we can advise on negotiations concerning compensation or other important aspects of your departure.
Non-financial terms can also have significant practical consequences. We can consider matters such as an agreed reference, announcements about your departure, confidentiality provisions and restrictions which could affect your next role.
Redundancy Solicitors in Preston
Advice for Employees Facing Redundancy in Preston
If your employer is proposing redundancies, the process leading to any dismissal matters. Pre-Law can advise while consultation is underway, after a provisional selection has been made, or following confirmation that your employment will end.
A redundancy situation may exist because a business is closing, a workplace is shutting down or fewer employees are required to undertake work of a particular kind. The employer must still act reasonably when deciding which employees will be dismissed.
Where selection is necessary, questions can arise about which employees have been placed in the pool and how the criteria have been applied. We can review your scores and the information used to reach the proposed decision.
The process should also address whether redundancy can be avoided. This can include consideration of vacancies and alternative employment. If your role ultimately ends, we can advise on redundancy pay, notice and other outstanding contractual payments.
Why Pre-Law
Helping you assess a proposed redundancy
Consultation provides an opportunity to question the employer’s proposal before a final decision is reached. We can help you identify the issues that matter and consider whether there are points about your selection that should be challenged.
Where scoring has been used, we can examine the criteria and the basis on which marks were awarded. This can be particularly important where you believe information is inaccurate, subjective criteria have been applied inconsistently or relevant evidence has been overlooked.
If another role is offered, accepting or refusing it can have legal consequences. Suitability can depend upon the job itself and matters including remuneration, responsibilities, status, hours and location. A statutory trial period may also apply in appropriate circumstances.
We can also check the termination package and distinguish between the sums you are already entitled to receive and any additional severance being offered. Where a settlement agreement accompanies the redundancy, we can advise on both together.
Unfair Dismissal Solicitors in Preston
Dismissal and Constructive Dismissal Advice in Preston
A dispute about how employment has ended requires consideration of both the employer’s reason and the events which led to the termination. Pre-Law advises employees who have been dismissed and those considering resignation because of serious problems at work.
For an ordinary unfair dismissal, the employer must establish a potentially fair reason. Those reasons include conduct, capability, redundancy, statutory restriction and some other substantial reason. The reason relied upon is only part of the assessment of fairness.
The Employment Tribunal will also consider whether the employer acted reasonably. Depending on the circumstances, this can involve examining the investigation, consultation or disciplinary procedure, the evidence available and how the final decision was reached.
Constructive dismissal concerns resignation following a fundamental breach of the employment contract by the employer. The employee must resign in response to the breach, and delaying can create an argument that the contract has instead been affirmed.
Why Pre-Law
Advice when your employment relationship has broken down
The fact that a dismissal feels unjust does not necessarily mean that it is legally unfair. We assess the relevant facts against the legal requirements, giving you a clearer understanding of whether there is a potential claim and what may affect its prospects.
We can review dismissal letters, disciplinary or capability documents, correspondence and other relevant evidence. This allows the employer’s stated justification to be considered alongside what actually happened during the process.
Employees contemplating constructive dismissal face a different decision because resignation normally occurs before the claim can be pursued. We can consider whether the conduct complained of may constitute the necessary contractual breach before you determine your next step.
Where a dispute cannot be resolved internally, we can advise on potential negotiations, Acas Early Conciliation and Tribunal proceedings. We can also distinguish unfair dismissal from contractual claims such as wrongful dismissal where relevant.
Employment Tribunal Solicitors in Preston
Employment Tribunal and Workplace Dispute Advice in Preston
Workplace disputes can lead to claims concerning dismissal, discrimination, pay and other employment rights. Pre-Law helps employees identify the legal issues involved and determine whether a dispute should be pursued through negotiation or Employment Tribunal proceedings.
Time limits are an important part of Tribunal litigation. A claimant will normally need to contact Acas for Early Conciliation before presenting most types of claim, and this process interacts with the applicable limitation period.
If proceedings are required, the claim is commenced by presenting an ET1. The claim must properly identify the complaints being pursued and provide the necessary information about the factual and legal basis on which they are brought.
Once a case is underway, the Tribunal may give directions controlling how it progresses. Depending on the dispute, this can involve preliminary hearings, disclosure of documents, preparation of witness statements and ultimately a final hearing.
Why Pre-Law
Guidance from the outset of an employment dispute
Starting a claim without first identifying its legal basis can create difficulties later in the proceedings. We assess the underlying events and potential causes of action so that the issues requiring determination are understood from an early stage.
We can also help you organise the evidence relevant to the dispute. Emails, letters, contracts, policies, meeting records and other workplace documents may all become important when establishing what occurred and supporting your account.
If proceedings continue, we can assist with the procedural stages required by the Tribunal and help you prepare for hearings. This includes understanding orders made by the Tribunal and the evidence needed to present your position effectively.
Litigation does not prevent the parties from discussing settlement. We can assess proposals made during the case and advise on Acas conciliation or negotiations where an agreed resolution remains a realistic alternative to a final hearing.
Top-Rated Solicitor in Lancaster
Frequently Asked Questions
For a settlement agreement to validly waive most statutory employment claims, you must receive advice from an appropriate independent adviser on the terms and effect of the proposed agreement.
The adviser must also satisfy the relevant statutory requirements. We can provide that advice, explain the rights being waived and identify any provisions which should be considered before the agreement is completed.
Consultation should take place before a final redundancy decision is made and should provide a genuine opportunity to discuss the employer’s proposals. Depending on the circumstances, this may include the reasons for the proposed redundancy, selection arrangements and possible ways of avoiding dismissal.
If you disagree with your selection, consultation also provides an opportunity to raise concerns about matters such as the pool, criteria or scoring used by your employer.
A defective procedure can be relevant to whether a dismissal is unfair. The Tribunal considers the employer’s reason for dismissal and whether it acted reasonably in treating that reason as sufficient in the circumstances.
The significance of a procedural failing will depend on what occurred. The entire process should therefore be reviewed rather than assuming that any procedural mistake automatically makes the dismissal unfair.
Constructive dismissal normally requires the employee to resign in response to a fundamental breach of the employment contract. Remaining employed indefinitely after the alleged breach can create difficulties because the employer may argue that the contract has been affirmed.
Resignation is a significant step and a constructive dismissal claim does not arise simply because the workplace relationship has become difficult. Where possible, the legal position should be assessed before deciding whether to resign.
Yes. Employment disputes can be resolved through negotiation or Acas conciliation without a final Tribunal hearing. Settlement discussions can also continue after proceedings have already started.
Whether settlement is appropriate will depend on the circumstances, the claims being pursued, the available evidence and the terms being offered. If an agreement is reached, it should be formally documented using an appropriate legally binding mechanism.