Sharma Solicitors

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Employer punished for unfair sex assault dismissal

Government agency bosses used a flawed procedure when firing a top foreign envoy for a sexual harassment accusation.

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Employers are punished for sacking bad workers

A judge slapped down an employer who failed to follow a fair procedure when sacking a nurse for being racist.

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A Brief details about Employment Solicitors in London

There are many different types of employment solicitors in London. They can be found working in large law firms, as well as in smaller legal practices. Some employment solicitors work on a self-employed basis, while others may be employed by an employer. However, all employment solicitors must have a valid practicing certificate from the Solicitors Regulation Authority (SRA).

Employment solicitors can help you with a range of issues relating to your employment. For example, they can help you to negotiate your contract of employment, or advise you on dismissal and redundancy procedures. They can also help you to challenge unfair dismissal and other forms of discrimination at work.

If you have been treated unfairly at work, or feel that your employer has breached your contract of employment, you should speak to an employment solicitor as soon as possible. An experienced employment solicitor will be able to advise you on the best course of action to take, and can represent you in any legal proceedings that may arise.

If you are thinking about starting your own business, or are already self-employed, you may also need the services of an employment solicitor. Self-employed people often have different employment rights to employees, and an experienced solicitor can advise you on the best way to protect your rights.

When choosing an employment solicitor, it is important to find one who is experienced in dealing with the type of case that you have. You should also make sure that the solicitor you choose is a member of the SRA, and is regulated by the Solicitors Disciplinary Tribunal.

You can find out more about employment solicitors in London by searching the internet, or by speaking to a friend or family member who has recently used one. The best way to find an experienced solicitor is to ask for recommendations from people you know and trust.

Once you have found an experienced solicitor, you should make an appointment to meet with them. This will give you the chance to discuss your case in detail, and to get an accurate quotation for their services.

When meeting with an employment solicitor, you should be prepared to answer some basic questions about your case. These may include:

What are your employment rights?

What are your options if you are dismissed from your job?

What are the procedures for challenging unfair dismissal?

What are the time limits for taking legal action?

What are the costs involved in taking legal action?

You should also be prepared to discuss your case in detail with the solicitor, so that they can fully understand the nature of your claim. It is important to remember that employment law is a complex area, and you should only use a reputable solicitor who has experience in dealing with cases similar to yours.

If you are not happy with the progress of your case, or feel that your solicitor is not doing everything they can to help you, you should consider changing solicitors. However, it is important to remember that changing solicitors can be a costly process, and you should only do so if absolutely necessary.

You can find out more about employment law by contacting a variety of different sources. These include:

The Citizens Advice Bureau - The CAB can provide you with information about your rights at work, and can also give you advice on how to complain about your employer.

The Equality and Human Rights Commission - The EHRC can provide you with information about discrimination at work, and can also help you to challenge unfair dismissal.

Your local law center - Your local law center can provide you with information about your rights at work, and can also help you to take legal action if necessary.

You should also consider seeking advice from an experienced solicitor, who will be able to advise you on the best course of action to take. Remember, it is important to find an experienced solicitor who is a member of the SRA, and is regulated by the Solicitors Disciplinary Tribunal.

You can find out more about employment law by searching the internet, or by speaking to a friend or family member who has recently used one. The best way to find an experienced solicitor is to ask for recommendations from people you know and trust.

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Constructive Unfair Dismissal v Unfair Dismissal

Constructive unfair dismissal is when an employee is forced to leave their job due to their employer's conduct. This can include things like being made to work in dangerous conditions, being paid less than the minimum wage, or being harassed at work. Unfair dismissal is when an employee is dismissed from their job without good reason. This can include things like being dismissed for no reason, or for a reason that is not fair. If you have been constructively unfairly dismissed, you may be able to claim compensation from your employer. If you have been unfairly dismissed, you may be able to claim compensation from your employer, but this will depend on the circumstances of your case. If you have been dismissed from your job, you should seek legal advice from a constructive dismissal lawyer as soon as possible to find out if you have a claim for unfair dismissal.

What is unfair dismissal?

Unfair dismissal is when an employer terminates an employee's contract of employment without good reason and without following the correct procedure.

There are a number of reasons why an dismissal might be unfair, but some of the most common include:

Discrimination (e.g. on the grounds of race, gender, sexuality, age or disability)

Making false accusations against the employee

Failing to investigate properly before taking disciplinary action

Disciplining the employee in an unreasonable manner

Not providing enough support to the employee during a difficult period at work

If you believe that you have been unfairly dismissed from your job, you may be able to take your case to an employment tribunal.

What is Constructive dismissal?

Constructive dismissal is a legal term that refers to a situation in which an employee is forced to resign from their job due to the employer's conduct. The conduct must be so bad that it amounts to a breach of the contract of employment.

There are two types of constructive dismissal: actual and constructive. 

Actual constructive dismissal occurs when the employer takes an action that is expressly forbidden by the contract of employment, such as demoting the employee or cutting their pay. 

Constructive constructive dismissal occurs when the employer does not take any explicit action, but their conduct creates a work environment that is so intolerable that the employee has no choice but to resign.

Constructive dismissal is a very serious matter and can have significant consequences for both the employer and the employee. If you believe that you have been constructively dismissed, you should seek legal advice as soon as possible.

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Settlement Agreements – A Complete Guide

Settlement agreements are a key part of the employment law landscape in the UK.

They are commonly used to resolve disputes between employers and employees, and can be an extremely effective way of avoiding costly and time-consuming litigation.

However, settlement agreements are not always straight-forward, and there are a number of important considerations that need to be taken into account before entering into one.

This guide will provide you with everything you need to know about settlement agreements, including what they are, when they can be used, and what needs to be considered before entering into one.

What is a settlement agreement?

A settlement agreement is a legally binding contract between an employer and employee which sets out the terms on which the employee will leave their job.

Settlement agreements can be used to resolve a wide range of employment-related disputes, including redundancy situations, performance issues, and allegations of misconduct.

Under the terms of a settlement agreement, the employee agrees to waive their right to bring any claims against their employer in return for a financial payment.

Settlement agreements are also known as compromise agreements, severance agreements, and termination agreements.

When can a settlement agreement be used?

A settlement agreement can be used at any point during the employment relationship, but they are most commonly used when an employer is looking to terminate an employee’s contract.

There are a number of circumstances in which an employer might seek to use a settlement agreement, including:

When an employee is being made redundant

When an employee’s performance is unsatisfactory

When an employee has been accused of misconduct

When there has been a breakdown in the working relationship

What needs to be considered before entering into a settlement agreement?

There are a number of important considerations that need to be taken into account before entering into a settlement agreement. These include:

The financial terms – The financial terms of the settlement agreement will need to be agreed between the parties. It is important to ensure that these terms are fair and reasonable, and that you receive independent advice on them before signing the agreement.

The legal implications – It is important to be aware of the legal implications of signing a settlement agreement. In particular, you should be aware that by signing the agreement you will be waiving your right to bring any claims against your employer in the future.

The tax implications – There may be tax implications associated with the payment you receive under the terms of the settlement agreement. You should seek independent financial advice on these before signing the agreement.

The time limit – Settlement agreements are usually only valid for a limited period of time, typically between 6 and 12 months. This means that if you do not sign the agreement within this timeframe, you will lose your right to do so.

How can I get independent advice on a settlement agreement?

If you have been offered a settlement agreement by your employer, you are legally entitled to receive independent advice on the terms of the agreement before you sign it.

This advice must be provided by a qualified solicitor, and your employer is required to pay for this advice.

At Sharma Solicitors, our experienced team of employment law solicitors can provide you with comprehensive advice on settlement agreements in the uk. We will guide you through the process and ensure that you understand all of the implications of signing the agreement.

To get started, contact us today to arrange a free initial consultation.

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Employment Lawyers for Employers London, UK | Sharma Solicitors

Employment Lawyer for Employers London - If you’re employer Sharma Solicitors can help lawfully deal with employee problems. Call us on 03454300145

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Employment Law Specialist UK

If you need employment law advice from specialist employment then contact Mr. Paul Sharma. We can help you get the best outcome possible for all employment law disputes. You can call at [phone] or email Sharma Solicitors at [email protected]

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𝗖𝗢𝗡𝗦𝗧𝗥𝗨𝗖𝗧𝗜𝗩𝗘 𝗗𝗜𝗦𝗠𝗜𝗦𝗦𝗔𝗟

 Under the Employment Rights Act 1996, an employee who has worked continuously for two years cannot be unfairly dismissed. Most employment tribunal cases involve dismissals.

Constructive unfair dismissal is where an employer treats an employee so badly that the employee feels he or she is forced to resign. An employment tribunal would examine whether the poor treatment constituted a breach of employment contract.

A term, mutual trust and confidence, is implied by law in every contract of employment. It is that both employer and employee will behave in such a way as to enable the employment relationship to work effectively. One serious incident, or a series of occurrences, could lead to a situation where an employee believes there is no mutual trust or confidence.

Examples of poor treatment could include the employer:

• refusing to pay the employee the contracted amount over a period of time without good reason,

• bullying or discriminating against an employee,

• refusing to look into a grievance raised by the employer, and

• making unreasonable changes to working patterns or the place of work without agreement.

An employee must make the legal claim at least three months after the resignation.

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Settlement agreement solicitors London | Sharma Solicitors

 Settlement agreement solicitors London – If you need settlement agreement / compromise agreement advice call Sharma Solicitors on 03454300145

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𝗥𝗘𝗗𝗨𝗡𝗗𝗔𝗡𝗖𝗬 𝗘𝗠𝗣𝗟𝗢𝗬𝗠𝗘𝗡𝗧 𝗟𝗔𝗪 𝗔𝗗𝗩𝗜𝗖𝗘

Redundancy is the dismissal of employees to reduce the workforce. It is not focused on the employee and their capability or conduct. It is the job and the services it provides that is deleted or reduced rather than the employee who is sacked. Redundancy gives employees more rights than an employee who is sacked.

The redundancy should fit Section 139 of the Employment Rights Act 1996. This is where the employer ends, or will end, the business, place of employment, or type of work.

The employer must select the employees on a fair and objective basis and should not discriminate. Employers typically use as part of their selection criteria:

• time keeping and attendance

• disciplinary record

• skills or experience

• work performance and

• aptitude for work.

Steps an employer should go through include:

• checking whether redundancies are needed

• creating a redundancy plan

• offering voluntary redundancy

• saving costs by having staff work more flexibly

• moving employees into other parts of the organisation

• informing employees

• holding redundancy consultations

• checking whether collective consultation is needed

• selecting employees for redundancy

• working out redundancy pay

• giving redundancy notice

• offering an appeals process

• offering alternative employment

• supporting staff and plan for the future.

https://www.sharmasolicitors.com/what-we-do/redundancy/

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Race Discrimination

Employment law prohibits unfair treatment of employees because of their race. The Equality Act 2010 means it is unlawful for an employer to treat an employee differently and unfavourably because of his or her race, colour, nationality, ethnic or national origin.

https://www.sharmasolicitors.com/race-discrimination/

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Tribunal defends cross-dressing engineer - Sharma Solicitors

A landmark court ruling has boosted employment lawyers’ chances of protecting ‘sex change’ workers from harassment and unfair dismissal.

https://www.sharmasolicitors.com/news/tribunal-defends-cross-dressing-engineer/

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Sexual orientation discrimination Solicitors

Sexual orientation discrimination Solicitors London – If you’re employee & victim of sexual orientation discrimination at your work please call us on 03454300145

https://www.sharmasolicitors.com/sexual-orientation/

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Employment Contracts, Handbooks & Policies | Sharma Solicitors, London

Sharma Solicitors provides specialist legal support to draft an employment contract or handbook & advice on legal rights of employers and employees.

https://www.sharmasolicitors.com/what-we-do/drafting-employment-contracts-and-employee-handbooks/

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Disciplinary hearing Legal Advice UK | Sharma Solicitors

Disciplinary hearing Procedures Solicitors London - Whether you are claiming or defending we can help you resolve issues quickly and effectively call us on 03454300145

https://www.sharmasolicitors.com/what-we-do/disciplinary-and-grievance-hearings/

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Redundancy Legal Advice London UK | Sharma Solicitors

Redundancy legal advice UK - If you’re employee being redundant recently or employer looking for expert advice on redundancy call us on 03454300145

Redundancy is the dismissal of employees because the employer needs to reduce the workforce. 

https://www.sharmasolicitors.com/redundancy/

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Settlement Agreement – Reason, procedure and cost

This infographic is to educate you about what is a settlement agreement, why are settlement agreements used, why you need to consult solicitors and how much will be the cost.

Paul Sharma is Managing Partner at Sharma Solicitors.

Sharma Solicitors is a boutique of young employment solicitors in London firm specialising exclusively in all things about employment law and especially in settlement agreements.

Tag: settlement agreement solicitors, settlement agreement between employer and employee, settlement agreement solicitors London, settlement agreement

https://www.sharmasolicitors.com/settlement-agreements/