Employment support
Employment law solicitors advising employees in Burnley
Problems at work can involve difficult decisions about your position, your financial entitlements and whether your employment should continue. Pre-Law supports employees in Burnley with settlement agreements, redundancy, dismissal disputes and claims before the Employment Tribunal.
Our solicitors consider the background to your situation and provide advice directed at the issues that matter to you. From responding to an employer’s proposal to dealing with the end of your employment or pursuing a workplace claim, we can explain your rights and the practical routes open to you.
- Settlement Agreements
- Redundancy & Voluntary Severance
- Unfair Dismissal & Constructive Dismissal
- Employment Tribunal & Disputes
Settlement Agreement Solicitors in Burnley
Settlement Agreement Support for Employees in Burnley
Employers use settlement agreements to record agreed terms for resolving employment disputes or bringing an employment relationship to an end. If one has been presented to you, Pre-Law can review the document and advise you before any decision is made.
The agreement will usually contain a waiver preventing you from pursuing specified employment claims once it becomes binding. We explain the effect of that waiver and the other obligations contained in the document so you know precisely what accepting the proposal involves.
Receiving independent advice is an important statutory requirement where a settlement agreement is intended to prevent specified statutory employment claims from being pursued. Your adviser must meet the relevant legal requirements for the agreement to operate effectively.
We review the complete package rather than focusing solely on the termination payment. This can include notice, outstanding wages, holiday entitlement, taxation, confidentiality, references and restrictions that your employer wants to continue after your employment ends.
Why Pre-Law
Understanding your settlement before making a decision
The significance of a settlement offer depends partly on the circumstances which led to it. We consider the background alongside the written terms so that potential claims, contractual entitlements and other relevant factors are not overlooked.
We will identify the provisions that have a practical impact on you and explain them without unnecessary complexity. You will know what your employer is proposing to pay, what you are agreeing not to do and which rights are being settled.
There may be circumstances in which changes to the proposed agreement should be requested. We can assess whether negotiation is justified and, where appropriate, raise amendments concerning the financial package or the terms surrounding your departure.
The arrangements following termination can be just as important as the payment itself. We can review proposed reference wording, confidentiality requirements and post-termination restrictions to establish how they may affect you after you leave.
Redundancy Solicitors in Burnley
Redundancy and Voluntary Severance Advice in Burnley
A proposed redundancy should involve more than simply informing an employee that their job is ending. Pre-Law advises employees during redundancy exercises, helping them understand the employer’s proposal and the process that should take place before dismissal.
The legal definition of redundancy covers particular circumstances, including business and workplace closures and situations where the employer’s requirements for employees to carry out work of a particular kind have diminished or are expected to diminish.
Consultation and selection can be central to the fairness of the resulting dismissal. Where employees are being compared, we can consider whether an appropriate pool has been chosen, how the selection criteria operate and whether your individual assessment can be challenged.
Your financial position also needs to be established. Depending on eligibility and the terms of your employment, this may involve statutory redundancy pay, an enhanced scheme, notice entitlement, holiday pay and any additional severance payment proposed by your employer.
Why Pre-Law
Protecting your position during a redundancy process
Obtaining advice before consultation concludes can allow concerns to be addressed while your employer is still considering its proposal. We can review the information provided to you and help identify matters which should be questioned or put forward during meetings.
Selection exercises can involve both objective information and managerial assessment. If you disagree with your score or believe you have been compared against the wrong employees, we can consider the basis for that decision and advise on an appropriate response.
Redundancy may sometimes be avoided through another available position. We can advise on an alternative role offered by your employer and the factors relevant to determining whether it is suitable, including duties, pay, seniority and working arrangements.
If redundancy proceeds, we can check the payments due and consider whether there are concerns about the fairness of the dismissal. We can also advise where voluntary severance or a settlement agreement is proposed as an alternative way of ending employment.
Unfair and Constructive Dismissal Solicitors in Burnley
Advice When Employment Ends in Burnley
The circumstances in which employment ends determine what legal rights may arise. Pre-Law advises employees who have been dismissed by their employer as well as those whose workplace situation has deteriorated to the point that resignation is being considered.
An ordinary unfair dismissal claim requires consideration of the employer’s reason for termination. Conduct, capability, redundancy, statutory restriction and some other substantial reason are potentially fair reasons, but establishing one does not determine the case by itself.
The Tribunal also examines whether the employer’s decision was reasonable in the circumstances. The steps taken beforehand can therefore be important, including any investigation, warnings, meetings and opportunity given to the employee to put forward their position.
Where an employee resigns and alleges constructive dismissal, a fundamental breach of the employment contract by the employer must be established. The resignation must be in response to that breach, making both the reason for leaving and the timing legally significant.
Why Pre-Law
Assessing the circumstances behind your dismissal
An employer’s description of why employment ended is the starting point rather than the end of the analysis. We look at the wider history, relevant correspondence and procedure to assess whether the dismissal may give rise to a legal claim.
Where disciplinary, capability or another internal process preceded dismissal, we can review how that procedure was handled and the evidence relied upon. We can then explain which aspects are legally relevant to the fairness of the employer’s decision.
If resignation is being contemplated, we can consider the alleged breach and the sequence of events before you decide whether to leave. Constructive dismissal has specific legal requirements and should not be assumed merely because an employer has acted unreasonably.
We can advise on possible internal appeals or grievances as well as the options available once employment has ended. Where a potential claim exists, this can include settlement discussions, Acas Early Conciliation and Employment Tribunal proceedings.
Employment Tribunal Solicitors in Burnley
Help with Employment Tribunal Claims in Burnley
An unresolved employment dispute may ultimately require formal proceedings. Pre-Law advises employees on the legal and procedural issues involved in Tribunal claims, from assessing the initial complaint through to preparing a case that is already underway.
Claims can arise from many different workplace events, including dismissal, discrimination and disputes over pay. The correct legal claim, applicable limitation period and evidence required will depend upon the facts of the individual matter.
Most prospective claimants must notify Acas before commencing proceedings so that Early Conciliation can take place. If the matter remains unresolved, a claim can then be presented to the Tribunal using an ET1, subject to the applicable procedural and time requirements.
Tribunal litigation can require parties to comply with directions and prepare evidence before a hearing takes place. Disclosure, witness statements, preliminary hearings and other case management steps may all form part of the process depending on the issues involved.
Why Pre-Law
Support at each stage of an employment dispute
Before proceedings are issued, we can assess what claims may arise from the facts and whether they fall within the Tribunal’s jurisdiction. We can also consider limitation at an early stage so that important deadlines are identified.
A Tribunal case needs evidence capable of supporting the allegations being made. We can help identify relevant documents and explain what will need to be established, allowing the strengths and potential difficulties of the case to be considered properly.
Where a claim is already progressing, we can assist with the requirements imposed by the Tribunal and preparation for the relevant hearings. This may include dealing with case management directions, documents and witness evidence.
We also keep the possibility of resolution under review. If settlement is proposed, we can advise on its terms and implications so that the offer can be considered alongside the risks, remedies and practical consequences of continuing the proceedings.
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Frequently Asked Questions
Yes. A settlement agreement is voluntary and you are not required to accept the terms simply because your employer has presented them to you. Until an agreement has been reached and the necessary legal requirements satisfied, you can decide not to proceed.
Before rejecting an offer, it is sensible to understand what you would otherwise be entitled to receive and what alternatives are realistically available. We can assess the proposed package alongside your underlying employment position.
Statutory redundancy pay is calculated using an employee’s age, length of continuous service and a week’s pay, with statutory limits applying to the service and weekly pay that can be taken into account.
Eligibility requirements also apply, including a qualifying service requirement. An employer may separately provide enhanced redundancy terms under a contract, policy, established arrangement or specific severance proposal.
Not in every case. The procedure required depends on the reason and circumstances of the proposed dismissal. For conduct or performance issues, warnings can form an important part of a fair procedure, but sufficiently serious misconduct may potentially justify dismissal without previous warnings.
The Tribunal considers the overall reasonableness of the employer’s actions rather than applying a rule that every dismissal must be preceded by a fixed number of warnings.
An internal appeal may be available depending on the reason for dismissal and the procedure followed by your employer. Where an appeal is offered, it can provide an opportunity to challenge the decision, correct factual errors or raise procedural concerns.
Whether an appeal should be pursued, and what grounds should be raised, depends on the circumstances. An appeal also does not remove the need to keep any applicable Employment Tribunal limitation period under review.
Unfair dismissal is principally concerned with whether the employer had an appropriate reason for dismissal and acted reasonably in the circumstances. Wrongful dismissal is a contractual claim and generally concerns whether the employer dismissed the employee in breach of their contractual obligations.
For example, dismissal without the notice required by the employment contract may give rise to a wrongful dismissal issue unless the employer was entitled to dismiss without notice. The two claims can therefore arise from the same termination but involve different legal questions.
No. Some claims are resolved through Acas conciliation or negotiations before a final hearing is required. Settlement can take place before proceedings begin or while a Tribunal claim is already progressing.
Where no agreement is reached, the case may continue through the Tribunal process towards a hearing. The steps required beforehand will depend on the issues in dispute and any directions made by the Tribunal.