Tribunal claims

Employees with the qualifying continuous service, currently 2 years, are protected from unfair dismissal. For employees with unfair dismissal rights, dismissals must be for one of the 5 potentially fair reasons for dismissal, and the employer must follow a fair process.

There are important exceptions where the usual service requirement does not apply, for example for certain automatically unfair reasons such as pregnancy, health and safety or whistleblowing related dismissals.

If the procedure or reason is defective or automatically unfair, we can advise on remedies including compensation you would likely receive if successful with an unfair dismissal claim in an Employment Tribunal and represent you within these proceedings.

If your employer’s behaviour is so serious that it breaches a fundamental term of your contract and you reasonably resign, you may have a constructive dismissal claim.

These claims are legally complex and high risk, so obtain legal advice before resigning.

We assess whether your situation meets the test, advise on alternative options and, if you proceed, prepare and issue the claim.

The Equality Act 2010 protects people from unlawful treatment because of protected characteristics such as age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage or civil partnership, and pregnancy or maternity.

There is no minimum service requirement to bring a discrimination claim, and you may also be able to bring a claim prior to commencing employment if you have been discriminated against during an interview process.

Discrimination can be direct, indirect, harassment or victimisation.

Disability is an injury or impairment that has a substantial and long-term effect on your ability to perform day to day activities, such impairments can affect your physical or mental health and can include hidden disabilities such as neurodivergence.

There is also a duty to make reasonable adjustments for individuals with a disability and not to subject them to discrimination because of something connected to disability e.g. sickness absence. You can be discriminated against because you are perceived to have a protected characteristic, or you are associated with someone who has a protected characteristic (e.g. if you are the parent of a disabled child).

We identify the right legal grounds, advise on grievance processes, ACAS early conciliation and pursue tribunal claims where appropriate.

When your employer is taken over, merges, or outsources services, the TUPE rules protect employees’ rights.

Claims can arise if certain terms of your  contract are varied , you are dismissed because of a transfer, or your employer fails to inform or consult properly. If a change in your contractual terms to your detriment is proposed, we would recommend taking advice as soon as possible before the transfer takes effect, while we can advise on the pros and cons of objecting to the transfer and on any claims you may have.

TUPE claims can be complex, so we review transfers and advise on claims including unfair dismissal and detrimental treatment.