Unfair Treatment Claims Lawyers Hertfordshire
Your lawyer relies on you to furnish as much evidence as you can. You cannot establish a claim without evidence. You should aim to procure as much documentation as possible. Emails, letters and other communications should be diligently recorded. Put down in writing anything that is said or represented to you, and if possible send such written proof to the other party as acknowledgement. Whenever an event occurs or anything noteworthy comes to your attention, make a note of it in writing, clearly stating dates and times. Writing down your own account of events can assist your lawyer and also help you to order and understand the circumstances surrounding your claim. Also remember that timing is important. You have 3 months from the date of dismissal in which you can make a claim.
Revisit your expectations
Always remember that the type and quantum of compensation awarded to you ultimately lies in the hands of
the Employment Tribunal. While you might have done your best in proving unfairness and breaches of your employment rights, do not forget that opposing counsel will have their own case to prove and might even in some circumstances file a counterclaim. Furthermore, monetary damages are but one type of compensation the court can make. Other forms of compensation such as reinstatement might be granted instead. Therefore, before bringing a claim you should aim to get a realistic estimate of what you are able to achieve.
Engage a solicitor who specialises in employment law
While technically any lawyer qualified to practice as a solicitor in England and Wales can help you pursue an unfair dismissal claim, you will increase your chances of success considerably by engaging an employment solicitor with specialist knowledge in employment law and unfair dismissal claims. While any solicitor can build a mediocre case and attend court for you, an employment law specialist with experience in employment law and handling unfair treatment treatment at work issues, will be able to put together the best possible case with the highest chances of success.
With valuable first-hand experience and precedents, as well as a targeted knowledge of employment statutes and cases, a specialist employment solicitor will be able to formulate your case more efficiently. He will also be better able to advise you on the possible and likely outcomes, as well as the types and quantum of damages or alternative forms of compensation the court is likely to award you.
While successfully pursuing an unfair dismissal claim can appear daunting and complicated at the outset, engaging and cooperating with a specialist legal professional you trust heightens your chances of obtaining the compensation you deserve.
Lloyd Donnelly Solicitors has an employment law department with experienced practitioners to help you every step of the way.
How do I know if I'm being unfairly treated at work?
In the UK, workplace discrimination law is set out in the Equality Act 2010, which details the types of possible discrimination as well as the sorts of behaviour and treatment that amount to discrimination.
To determine if you have been made a victim of unfair treatment at work, you should determine if the suspected discrimination was made on the basis of protected qualities within the definition of the act.
You must also establish that the behaviour was itself discriminatory within the definition of the act. If these two points can be satisfied, you might stand a chance of bringing a successful workplace discrimination claim.
The protected qualities are set out in Chapter 1 of the act. They are age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex and sexual orientation. Any discrimination on the basis of the above qualities is prohibited.
Types of discrimination
Once it has been established that you have received treatment on the basis of any of the above protected qualities, you will need to show that this treatment was indeed discriminatory. Possible forms of discriminatory behaviour are set out below.
Direct discrimination amounts to the treatment of a person less favourably than one would treat others in the same situation because of a protected characteristic such as race or ethnicity. Indirect discrimination occurs when there is a practice, criterion or provision which operates in a discriminatory manner in connection with a protected characteristic. Combined discrimination occurs when a person is treated less favourably than one would treat others because of a combination of more than one protected characteristic.
Adjustments for disabled persons
Employers have a duty to make reasonable adjustments to accommodate a disabled person. Making reasonable adjustments means eliminating situations where the disabled person would be at a disadvantage in contrast with persons who are not disabled. Failure to do so amounts to a breach of the terms of the Equality Act 2010.
Harrassment occurs when a person engages in undesired conduct in connection with a protected characteristic, and because of this conduct another person’s dignity is violated, or an environment that is frightening, degrading, hostile, offensive and humiliating is created for another person. Undesired behaviour of a sexual type or undesired behaviour in relation to gender reassignment may also amount to harassment. If a person is treated less favourably because they have rebuffed such behaviour, the perpetrator might also be found guilty of harassment.
A person is victimising another if he or she causes the victim to suffer a detriment because the victim has done a protected act or the former believes the latter may do or has done a protected act. A protect is defined as bringing proceedings under the Equality Act 2010, giving information or evidence in relation to the act, doing anything else in relation to the act or alleging that the victimizer has breached the terms of the act.
Unfair Treatment Claims Solicitors London
If you believe you have been a made a victim of unfair treatment at work, you might be able to make a claim against your employer. If you have not been dismissed outright, you might be able to gain an advantage from your continued employment since you will have more time to gather evidence and formulate a claim, particularly if the unfair treatment persists. To maximise your chances of success, follow the tips below.
If you have not been dismissed, used continued employment to your advantage by being as vigilant as possible and gathering as much evidence as you can in support of your case. All official documentation such as receipts and pay slips should be kept. Make copies of all documents you are unable to obtain the originals of. If there is no photocopying machine at your disposal, photographs of documents could later prove useful. Be sure to make a note of relevant times and dates.
Get everything in writing
Keep records in writing of all conversations that might be of the slightest relevance. This is particularly important as proof of unfair treatment must be furnished to the court at trial in order to make a successful claim. If verbal representations are made to you in an official context, sending the speaker an email confirming what he or she has said is a good way to make sure you have proof that he or she made the statements you are claiming he or she did.
Do not sign anything
If your employer is aware that he or she has been guilty of unfair treatment, and especially if you have been dismissed or are on the verge of being dismissed, you might be asked to sign an document such as a compromise agreement or a waiver of liability. Do not sign anything without first consulting an experienced employment law solicitor.
Do not settle
If your employer suspects you are about to bring a claim and tries to have you sign a settlement agreement, speak with your employment law solicitor before signing anything.
Keep a record of all money spent and wages lost
Keep a record, in the form of official receipts if possible, of all money spent in connection with the unfair treatment, or wages lost as a result of the unfair treatment. These monetary estimates will later be needed for quantification of damages if your claim is successful.
Engage an employment law solicitor
Consult a solicitor with experience in the employment law field. You will want your solicitor to have particular experience dealing with unfair treatment claims. As you will be working closely with your solicitor, it is vital you engage a solicitor you feel comfortable communicating and liaising with.
Contact Our Unfair Treatment Claims Lawyers for Hertfordshire, London & Beyond
If you find yourself facing discrimination at work or If you’ve been dismissed, and have any concerns about whether it was fair we’ll be happy to offer a free no-obligation chat on 01442 330 290. One thing is for sure, the first deal is almost never the best and with most of the clients we have worked with, we have been able to help them get a better deal. If you need more advice on how much you can get from your Unfair Dismissal Claim fill out our enquire form here.