E L S Solicitors
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E L S Solicitors At your initial consultation, we will ascertain the advice you are seeking and your objectives. We will provide you with advice on how strong your case is, what compensation could be payable and the best way to go about resolving the matter. We are able to draft and tailor a settlement agreement which, if properly drawn up and executed will prevent an employee from bringing a claim at an Employment Tribunal or any other court.

See our website on Settlement Agreements for more information. We are able to discuss disciplinary/grievance procedures with you to inform you of what is involved, the processes and how to best tackle a disciplinary or grievance matter. We also advise on the strength and value of any claim or potential claim that you have. Our ethos is to provide professional services of a high quality at a personal level and to always produce a successful outcome where there is an employment dispute.

Our aim is to secure business predominantly from referrals of very satisfied clients.

read more › The firm was established on the premise that it would only ever provide legal services in relation to employment law matters. The directors have a keen interest in this area and as such have built up a niche practice with a team of individuals who are all enthusiastic and excited about getting the best results possible. We are specialists in our field. ELS Solicitors company ethos is to provide professional services of a high quality at a personal level and to always produce a successful outcome where there is an employment dispute.

read more › At your initial consultation, we will ascertain the advice you are seeking and your objectives. We will provide you with advice on how strong your case is and what compensation could be payable as well as the best way to go about resolving the matter. If you wish to appoint us, we will agree on a course of action which we will implement by corresponding with the opposition or, if appropriate, completing the relevant Employment Tribunal documentation. Whenever we receive any communication from the opposition which requires a decision from you, we will copy this to you, discuss the options, provide you with our professional advice and, once you have made your decision, relay it to the opposition.

read more › All Companies have difficult employees that are better suited elsewhere. The challenge is dismissing these employees without facing any legal claims. There are good reasons for Companies to be fearful of the repercussions that a disgruntled employee could bring. We are able to advise and guide you through the entire process of safely and amicably terminating your employee's employment. This strategy involves taking details of the problem or issue, giving you an overview of the process, drafting the relevant letters and agreement, organising HR support if necessary, briefing HR to conduct the necessary meeting(s) and informing you of what to expect and what is likely to happen next.

read more › If you are reading this, you might be having issues with your employer. It might be that you have been bullied or harassed or badly treated. Such bad treatment might have lasted a long while and you might feel that you are at the end of your tether. You might feel that you can no longer remain as an employee but feel stuck, anxious or depressed. Or it may well be that your employer has suspended you, started an investigation or disciplinary proceedings against you and you are worried sick that your employer will discipline you or, worse still, dismiss you.

read more › Suspension is not a neutral act. If you, as an employee are suspended without reasonable and proper cause, this could give to rise to a claim by your, against your employer, for constructive and unfair dismissal. If there are grounds that may give to discplinary action, you could be asked to attend a disciplinary hearing. In order to prepare for a disciplinary hearing, you are entitled to gather evidence to defend the allegations against you and/or prepare and supply a written statement to your employer at (or before) the hearing.

read more › In layman's terms, an act of whistleblowing includes a disclosure to your employer of something that shows that a legal obligation has been breached. If you are subjected to a detriment or dismissed in consequence of this disclosure, you have a potential claim to the Employment Tribunal with financial value attributable to that claim. If you are an employee and you are dismissed for having made a protected disclosure, you may succeed in bringing a claim for automatic unfair dismissal under the Employment Rights Act, section 103A.

read more › The law of unfair dismissal is governed by the Employment Rights Act 1996. If you have two years of continuous service to qualify for a claim for unfair dismissal or if you fall within one of the exceptions that do not require qualifying service, you are likely to be able to bring a claim for unfair dismissal at an Employment Tribunal. Although your employer could fairly dismiss you on the ground of capability, conduct, redundancy or some other substantial reason, your employer must have acted reasonably in treating the reason as a fair reason for dismissal.

read more › You may bring a claim to the Employment Tribunal for discrimination if the reason for the discrimination is related to a "protected characteristic." Direct discrimination occurs if, because of a relevant protected characteristic (1 - 9, above), you are treated less favourably than an actual or hypothetical comparator. Indirect discrimination will arise if your employer applies a provision, criterion or practice (PCP) to you, which it also applies to others and puts you, in relation your protected characteristic, at a disadvantage and which puts or would put others with that protected characteristic at a disadvantage.

read more › Your employer is obliged to include a note in your written statement of particulars of employment specifying a person to whom you can contact for the purpose of seeking redress of any grievance you may have. The note should explain any further steps required to progress such a grievance, or refer to an accessible document that explains such steps. Your employer will call you into a meeting to discuss the grievance. You are entitled by virtue of the Employment Relations Act 1999 to be accompanied by a fellow employee or trade union representative.

read more › As an employee, you may bring a claim for breach of contract at an Employment Tribunal pursuant to Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994. Breach of contract claims could include claims such as unpaid wages, bonuses or holiday pay. You may only bring the claim if the claim arises or is outstanding on the termination of your employment. This indicates that you can only bring a claim for breach of contract if you are no longer an employee. You will need to present your claim to the Employment Tribunal within a period of 3 months beginning with either the effective date of termination or the last day that you worked.

read more › In consequence of any disciplinary proceedings if those proceedings were held by virtue of a statutory provision;. In pursuance of a requirement imposed on your employer by a statutory provision to deduct and pay over to a public authority amounts determined by that authority as being due to it from you (for example, student loans);. Where you have taken part in a strike or other industrial action and the deduction is on account of you having taken part in that strike or other action; or. Where there is a deduction made with your prior agreement or consent signified in writing where the purpose of the deduction is the satisfaction of an order of a Court or Tribunal requiring the payment of the amount to your employer (for example, an attachment of earnings order).

read more › If you have two years of service then you have the right not to be unfairly dismissed. In order for the dismissal to be fair, it must be for a fair reason. One fair reason is redundancy, although for the dismissal to be fair the redundancy must be genuine and your employer must have carried out proper procedures. The statutory definition of redundancy for the purposes of whether the dismissal is fair or unfair is defined by the Employment Rights Act 1996, section 139. If you are undergoing a redundancy process, your employer must warn, adequately consult you and consider you for suitable alternative employment.

read more › If you are reading this, you probably have a settlement agreement. This type of agreement can be used to settle disputes between the employer and employee and swiftly and amicably bring an end to the employee's contract of employment. In order to be effective, the employee must have received advice from a relevant independent adviser as to the terms and effect of the agreement and the ability of the employee to pursue a claim before an employment tribunal. Every solicitor within our firm is a relevant independent adviser within the meaning of the Employment Rights Act 1996 and other corresponding Acts of Parliament including the Equality Act 2010.

read more › Mr Walker has been working as a Service Manager for three years at a well-known motor company. He is called into a meeting without notice by his manager and is told that a client had made a complaint about him and therefore the Company was dismissing him for gross misconduct, without notice. He is told to leave the premises and is sent his P45. Mr Walker lodges a complaint to the tribunal for unfair dismissal. Mr Walker's legal representatives help prove that the dismissal was unfair as proper procedures were not followed, there was no investigation and Mr Walker's employer did not come to a reasonably held belief in his guilt.

read more › Mediation is a form of Alternative Dispute Resolution (ADR). Mediation is a consensual process and it is the participants (or parties) to the mediation that have the power to control the final outcome. The aim is to find a resolution to the dispute without having to proceed in a formal way, such as proceeding to a court of law. The process is confidential and 'without prejudice' which means that nobody outside the mediation room should know about the discussions that have taken place, and this applies whether or not a resolution is reached.

read more › I was in unfamiliar territory and it was quite daunting but I was put at ease right from day 1. Sabrina has done a great job in dealing with my case and I'm very happy with the whole service. They are good value for money as well. I'm glad I found them. I would not hesitate to recommend ELS to anyone with an employment issue. ELS and particularly Sabrina Saxena made a very difficult time bearable. It is not easy taking an employer to a tribunal but ELS guided throughout the process. Everything was explained well and in a timely manner.

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