Discrimination Claims for Employees

The Equality Act 2010 protects individuals against discrimination in relation to their: Sex; race (e.g. race, ethnic or national origin); age; disability; pregnancy or maternity; status as a married person or civil partner; gender reassignment; sexual orientation; religion or belief (which includes philosophical belief). These are known as “protected characteristics”. It is unlawful to discriminate…

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Constructive Dismissal Claims for Employees

Constructive dismissal is a claim that can be brought by an employee who resigns in response to a (fundamental) breach of their contract by their employer. In order to be successful, the employee needs to be able to prove that: the employer fundamentally breached their contract of employment; they resigned as a result of that…

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Unfair Dismissal Claims for Employees

Where an employee has two years, or more, continuous service, an employer must have (1) a fair reason to dismiss them and (2) follow a fair procedure to dismiss them. The potentially fair reasons to dismiss are: Misconduct at work; Lack of capacity (or qualifications) to do the job; Redundancy; A statutory requirement; Some other…

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Redundancy and Reorganisation for Employees

Employees have a number of rights in a redundancy situation and both parties need to understand what these are. To fall within the statutory definition of “redundancy” set out in section 139(1) of the Employment Rights Act 1996 (ERA 1996), an employee’s dismissal must be “wholly or mainly attributed to the employer”: Ceasing or intending…

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Disciplinary and Grievance Procedures for Employees

In certain circumstances, employers and employees have to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures (the ACAS Code). The ACAS Code applies to circumstances where an employer disciplines or dismisses an employee, or where an employee raises a grievance with an employer. Where there is a disagreement between an employer and…

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Consultancy and Service Agreements for Employees

Consultancy agreements are common where a company appoints a self-employed individual to undertake a particular project, activity, service or task for the company. If a consultancy arrangement is being entered into, it is important for both the consultant and the company to ensure that an appropriately worded consultancy agreement is put in place and that…

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Employment law for employees

Employment law for employees At Rowberry Morris, we are seen as the employment solicitors of choice for many individuals in Reading and the Thames Valley.  The employment sector is complex and we are dedicated to providing practical expert advice for employees. Employment Law Services If you are an employee who is experiencing problems with regards to…

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