Employment
Employment Solicitors
Employment problems often come to a head suddenly, with a dismissal, a redundancy letter or a settlement agreement to sign by a deadline. This guide covers the common issues, the tribunal time limits and what an employment solicitor does in England and Wales.
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Overview
What this area covers
Employment law governs the relationship between employers and the people who work for them. It covers contracts, pay, working conditions, discipline, dismissal and discrimination. It applies differently to employees, workers and the self-employed, so your employment status often matters as much as what happened.
Many disputes are resolved by negotiation. Where they are not, claims are usually heard by an employment tribunal rather than an ordinary court.
- Acas early conciliation
- Before most tribunal claims can be issued, you must notify Acas, which offers a free conciliation service to try to settle the dispute.
- Settlement agreement
- A legally binding agreement in which an employee usually gives up claims in return for a payment or other terms.
- Constructive dismissal
- Resigning because the employer has seriously breached the contract, and treating that as a dismissal.
Common situations
When you may need an employment solicitor
- You have been dismissed and believe the reason or process was unfair.
- Your employer has handed you a settlement agreement. It is only binding if you have received independent legal advice on it.
- You are being treated less favourably because of a protected characteristic such as age, disability, race, sex or pregnancy.
- You are considering resigning because of how you have been treated.
- You are an employer handling a dismissal, redundancy programme or grievance.
The solicitor’s role
How an employment solicitor can help
An employment solicitor assesses the strength of a claim, explains what compensation or outcome is realistic and advises on tactics. That often means raising a grievance or negotiating an exit before any claim is issued. They can draft correspondence, negotiate a settlement and, if needed, prepare and present a tribunal claim.
For settlement agreements, the adviser explains the terms and their effect, and signs a certificate confirming the advice was given.
The process
From dispute to tribunal
Time limits for tribunal claims are short. For many claims they run from the date of dismissal or of the act complained of, so seek advice promptly.
- 1
Internal process
Raise a grievance or appeal a decision. Tribunals expect the Acas Code of Practice to be followed where it applies.
- 2
Early conciliation
Notify Acas. A conciliator contacts both sides to explore settlement.
- 3
Claim and response
If unresolved, the claim is issued and the employer files a response.
- 4
Preparation and hearing
Documents and witness statements are exchanged before a hearing, although many claims settle before this stage.
Costs
What does an employment solicitor cost?
Employers usually contribute towards an employee’s legal fees for advice on a settlement agreement. For claims, solicitors may charge hourly, offer fixed fees for stages, or in some cases act on a damages-based agreement where their fee is a share of any compensation.
Check whether you have legal expenses insurance through home insurance or a trade union membership, which may cover tribunal claims.
Getting ready
What to prepare before contacting a solicitor
- Your contract of employment and staff handbook
- Recent payslips
- Dismissal, disciplinary or grievance letters and meeting notes
- Emails or messages relevant to what happened
- A dated timeline of key events
- Any settlement agreement or offer you have received
Choosing a solicitor
Choosing a solicitor
Some solicitors act mainly for employees and others mainly for employers. Either can advise you, but regular experience of your side of the process helps. Ask whether the firm handles tribunal hearings itself or uses barristers.
Every firm listed on Verified Solicitors is regulated by the Solicitors Regulation Authority. You can compare firms’ profiles, locations and reviews before getting in touch.
Find employment solicitors
Search Verified Solicitors for SRA-regulated firms that handle employment matters, then compare their profiles.
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Frequently asked questions
How long have I got to bring a claim?
Most employment tribunal claims have a short time limit, and you normally need to start Acas early conciliation within it. Because the exact deadline depends on the claim, get advice as soon as possible.
Do I need two years’ service?
Ordinary unfair dismissal claims usually need two years’ continuous employment. Many other claims do not, including discrimination and automatically unfair dismissal, such as dismissal for whistleblowing.
Related legal services
The information on this page is general information, not legal advice. The law and procedures can change and how they apply will depend on your circumstances.