Employment Issues

Tribunal representation, advice on entitlements, dismissal and more.

All types of cases are undertaken including unfair dismissal and discrimination.

We can represent you as defendant or claimant in Employment Tribunals and Employment Appeal Tribunals through direct access or via a solicitor.  Call Gerard Quirke on 07983 565690.

Claims can be made (or resisted) in the following areas:

•    Unfair dismissal e.g. on grounds of capability, conduct or other general reason, lock out, strike, industrial action or transfer of undertaking
 

•    Constructive dismissal: where you were driven to resign
 

•    Dismissed after exercising or claiming a right under statute
 

•    Non-payment and unauthorised deductions from pay, including union subscriptions
 

•    Discrimination or victimisation on grounds of age, religion or sexual orientation
 

•    Discrimination or victimisation on grounds of race or ethnic origin
 

•    Discrimination or victimisation on grounds of sex, marriage or transgender
 

•    Discrimination on grounds of disability or no sufficient disabled facilities
 

•    Failure to pay a redundancy payment
 

•    Breach of Contract
  

View the levels of Awards granted by Employment Tribunals in the Year to 31 March here

•    Breach of working time limits and rest breaks
 

•    Suffering for refusal to work on a Sunday
 

•    Suffering for taking paternity or adoption leave, or to help a dependent
 

•    Not allowing time off for ante-natal care, public or trade union duties
 

•    Abuse of annual leave entitlement: not allowing, not paying
 

•    Failure to provide equal pay for equal value work
 

•    Not paying remuneration whilst suspended for medical reasons
 

•    Not allowing time off to find work during a redundancy situation
 

•    Failure to allow time off to care for your dependants, or to pay you.
 

•    Employee not paid whilst suspended from work for health and safety reasons whilst pregnant or on maternity leave
 

•    Temporary employee treated less favourably or dismissed compared with a full time employee
 

•    Fixed term employee treated less favourably or dismissed compared with a full time employee
 

•    Suffer discrimination in obtaining employment due to membership or non-membership of a trade union
 

•    Detriment and/or dismissal relating to trade union membership
 

•    Detriment and/or dismissal relating to disability
 

•    Problems arising from grievance hearings
 

•    Minimum wage issues and access to records
 

•    Appeals against Non-Discrimination Notices
 

•    Suffering because you exercised rights under Public Interest Disclosure Act
 

•    Suffering because you exercised rights under the Tax Credits Act
 

•    Problems arising out of bargaining

View the levels of Awards granted by Employment Tribunals in the Year to 31 March 2009 here

Employment Tribunals are judicial proceedings which determine disputes between employers and employees over employment rights. Wrongful dismissal cases are also heard in the High Court for sums higher than Employment Tribunals can award.

For an overview of the Employment Tribunals process and the timescales involved, Tribunals Flowchart.

Damages awards are made in the event of breaches being found. In the Employment Tribunals, costs are borne by the litigants themselves except in exceptional circumstances.

Instructing a barrister alone through direct access, rather than solicitor who then hands the case on to a barrister, could save you a good deal. This way there are no detours.

Many claims are settled by agreed damages without any formal hearings.

We can advise employers on obtaining injunctions to enforce restrictive covenants in employment contracts in the County Courts or the High Court.

We can advise you in writing or in conference on the merits of a claim and the likely remedy. We can draft grounds of application to tribunals, as well as responses, notices of appeal and skeleton arguments.

Counsel can appear on your behalf at case management conferences, preliminary and final hearings, as well as appeals at the Employment Appeal Tribunals.

If you have a complaint, or one made against you, in the areas above, we may be able to help you. Contact us direct or talk to your solicitor about instructing us for your tribunal. Call Gerard Quirke on 07983 565690.

View the levels of Awards granted by Employment Tribunals in the Year to 31 March 2009 here