petherbridge bassra employment

Employment Law

PetherbridgeYour Local SolicitorsBassra

We’re on your side…

Introduction 3Unfair Dismissal 5Constructive Unfair Dismissal 7Discrimination 9


Petherbridge Bassra is a Bradford firm helping clients with cases close to home, nationally

and internationally. These pages will tell you what we do and how we do it and naturally we

will highlight what we consider to be our virtues. But beyond that, the staff of Petherbridge

Bassra take pride in their work and care about their clients’ cases and the reputation of the

firm. As a result, others know to take this firm seriously and more importantly to consider

your case seriously, because they know- we mean business.

You have our assurance that we will give you the best that we can give and treat you openly

and with respect and compassion.

Lawyers can be human too.

We are in it together.

Alan Petherbridge

Our expert knowledge of Employment Law means thatwe know exactly what your rights are and we can makesure that you are treated fairly, however intimidating orunapproachable your employer may seem. Even if yourinitial attempts to negotiate with your employer havebeen brushed aside or dismissed, please call ourEmployment Law team today as there may well be muchthat we can do to help you.

Don't feel you need to take on your employer alone, makesure you are aware of your rights and have the law onyour side by speaking to Petherbridge Bassra.

Introduction

3


Problems at work can be very stressful and affect other areas ofyour life. Your employer is legally obliged to treat you fairly so if youfeel that you have been unfairly treated or even unfairly dismissed,you may well have a case for compensation.

• Redundancy• Misconduct• Capability

(including long-term non-excessive sickness)• Illegality• Or 'some other substantial reason' such as

when an employee refuses to agree variations to employment terms which are required by the business.

However, where employers have not dismissed anemployee for an acceptable reason, or where they havenot followed the correct procedure, then an employeemay be able to bring an unfair dismissal claim, forexample, if dismissal is related to poor performance andthe employee should have received warnings in advanceand been given a chance to improve.

Unfair Dismissal

5


Some types of dismissal are automatically considered unfair, such asif you are a woman who has been dismissed for reasons relating topregnancy or your employer dismisses you because they are awarethat you have 'blown the whistle'. However, an employer maydismiss an employee if there is a potentially fair reason such as:

This is subject to other eligibility criteria, such as lengthof service and employment status. Constructive unfairdismissal can be quite difficult to prove and employeesshould be very careful about resigning if they want toclaim constructive unfair dismissal.

In order to succeed with this claim, an employee must beable to show that the actions of their employerfundamentally breached the contract of employment andthat their resignation was in response to that breach. Theemployee needs to show that the working relationshiphas broken down.

It is not enough if an employer simply actedunreasonably. However, extremely unreasonablebehaviour might breach the employment contract, forexample, persistent and unwanted amorous advances,failure to investigate properly employee's allegation ofsexual harassment, undermining a supervisor byreprimanding him/her in the presence of subordinates,or swearing abusively at an employee.

Constructive Unfair Dismissal

6


Constructive unfair dismissal occurs when an employee resigns(with or without giving notice) because of a fundamental breach ofthe employment contract by the employer.

There are different types of discrimination. For example,victimisation, harassment, direct remarks and havingprocedures in place for all which adversely affect aperson with a particular characteristic.

Discrimination can arise if a person is treated lessfavourably than someone else because of their sex, raceetc. The comparison does not have to be with a realperson, but can be a hypothetical one. Legal protectionfrom discrimination exists even at the recruitment stage,during the course of employment, and in somecircumstances, following the termination of employment.

Discrimination

9


Discrimination can occur on the grounds of:

• Gender• Disability• Marital status• Race or ethnic origin• Sexual orientation• Religion and belief• Age

10


Treated unfairly at work?You DO have rights…

Vintry House, 18-24 Piccadilly, Bradford, BD1 3LSTel: 01274 724114 Fax: 01274 [email protected]

Regulated by the Solicitors Regulation Authority: REGIS ID 613817

Call us now…01274 724 114

Email us now…[email protected]

Family Law PersonalInjury

Road TrafficOffences

Criminal Law Business &Complex Crime

EmploymentLaw

CivilLitigation

Immigration PrisonLaw

Employment Law


We’re on your side…

petherbridge bassra employment

Documents