Employment Disputes & Tribunals

“You made a difficult period of my life much easier”

At Wheelers, we provide expert advice and representation across all kinds of employment dispute, from work grievances and disciplinary proceedings, to redundancy and unfair dismissal, to discrimination and harassment.

We understand just how distressing and exhausting employment disputes can be and whether you are facing dismissal, dealing with bullying at work, or disputing unpaid wages, our specialist employment disputes solicitors will be by your side every step of the way. We can provide expert support from the moment your dispute arises, as you progress through your employer’s grievance or disciplinary procedure, and through any settlement negotiations.

If we are unable to resolve your dispute amicably then we can also support you through the Employment Tribunal Procedure including producing your ET1 and the witness statements (critical documents).

If you would like further information, please contact Reena Sharma at our Farnborough office on 01252 367517 or Mel McCrum or Stacey Edgley at our Ash Vale office on 01252 367523 or 01252 367532. They are all members of the Employment Lawyers Association.

Our employment solicitors’ expertise

If you are having to deal with:

  • Grievances at work
  • Disciplinary proceedings/hearings at work
  • Negotiating a Settlement Agreement
  • Resignations (constructive dismissal)
  • Unfair dismissal
  • Redundancy
  • Restrictive covenants and team moves
  • Pay, bonus and reward disputes
  • Breach of contract
  • Discrimination
  • Harassment
  • Worker status
  • Regulatory investigations
  • TUPE Transfers of Undertakings
  • Whistleblowing​

then we can offer you advice and assistance through this.

Grievances

We understand that dealing with grievances at work can be stressful and frustrating. Whether you have an issue with your job responsibilities, the way you are being treated at work, or the terms and conditions of your employment contract, our employment dispute solicitors can provide you with clear, practical advice on your options for resolving the dispute, including:

  • Talking to your employer on an informal basis
  • Raising a formal complaint with your employer
  • Using the Acas (the Advisory, Conciliation and Arbitration Service) Early Conciliation procedure
  • Taking the dispute to an Employment Tribunal

Disciplinary hearings

Your employer might raise disciplinary proceedings for the following reasons:

  • Allegations of poor performance
  • Misconduct allegations
  • Attendance and long-term absence allegations

If your employer has invited you to a disciplinary hearing, we can review their allegations or concerns on your behalf, help you prepare for the hearing, appealing any decision you feel is wrong, and starting Employment Tribunal proceedings to challenge the disciplinary procedure or the employer’s final decision if necessary.

We can also support you during the disciplinary hearing itself by providing HR support.

Settlement Agreements

Settlement agreements, (formerly known as compromise agreements), are legally binding documents which resolve any employment disputes between you and your employer.

Usually a settlement agreement will formally end your employment and your employer will agree to pay you a sum of money on the condition that you waive your right to take the matter to an Employment Tribunal.

You must obtain legal advice for a settlement agreement to be binding and for this reason, it is likely your employer will pay your legal fees for you. We can help you negotiate the terms of your agreement with your employer, advise on the merits of the final document, and advise on starting an Employment Tribunal claim if you cannot reach an agreement.

Resignation and constructive dismissal

If your employer has breached your employment contract causing you to resign, you may be able to make a claim for constructive dismissal.

Reasons for constructive dismissal include:

  • You were forced work long or unsociable hours
  • Demotion
  • Bullying or harassment at work which your employer allowed to happen
  • Health and safety issues
  • Withdrawal of  benefits to which you were entitled under your contract, such as a company car
  • Your employer refused to pay you sums owed by way of salary or bonus

Unfair dismissal

If your employer has fired you from your job and you suspect the dismissal is unjust, we can advise you on the merits of an unfair dismissal claim,  as well as the basis on which any compensation award may be calculated and help you take your matter to an Employment Tribunal.

Whilst most cases of unfair dismissal will be decided on the “reasonableness” test there are a number of situations in which the dismissal will be deemed to be automatically unfair. Examples of these include dismissals were the reason for the dismissalis because you:

  • Are pregnant
  • Work in a shop and refused to work on Sundays
  • Addressed a health and safety issue
  • Asserted your legal rights as an employee
  • Reported an employer for wrongdoing (whistleblowing)
  • Are a trade union member and attended trade union activities

Redundancy

We can advise you in all redundancy-related matters and disputes including:

  • Redundancy pay
  • Unfair redundancy – for example, unfair application of selection criteria
  • Discrimination
  • Notice periods
  • Offers of suitable alternative employment

Restrictive covenants

Our employment disputes solicitors can provide clear advice on the enforceability of any restrictive covenants and non-complete clauses in your employment contract and help you resolve any disputes with former employers on the basis of breach of restrictive covenants.

Pay, bonuses and reward disputes

If you have a dispute with an employer about any matter related to pay, bonuses and rewards, our employment disputes lawyers can provide you with expert advice on the possibility of making a claim, including for matters involving:

  • Non-payment of wages
  • Non-payment of holiday pay
  • Non-payment of travel expenses
  • Non-payment of contractual sick pay
  • Wage deductions
  • Discretionary bonus disputes
  • Contractual bonus disputes

Breach of contract

Whether you want to pursue your employer for breach of contract, or your employer is making a claim against you (such as for overpayment of wages), we can help you negotiate settlement with your employer and start Employment Tribunal proceedings if necessary.

Discrimination

If you are experiencing discrimination at work or have been dismissed on the basis of age, sex, sexual orientation, race, religion, pregnancy or maternity, marital status, or disability, we can help during this distressing and challenging time.

Whether the discrimination is direct or indirect, we will fiercely fight your corner to uphold your employee and human rights.

Harassment

We understand how stressed and vulnerable you are probably feeling if you are facing harassment at work. Our employment solicitors are on hand to advise you of your rights, guide you through the process of raising a grievance with your employer, and help you take the matter to an Employment Tribunal if necessary.

Worker status

Our employment lawyers can provide practical advice on your worker status and your legal rights, for example, as an employee, worker, self-employed person, agency worker, apprentice, or intern.

Regulatory investigations

Dealing with regulatory investigations can be a daunting and confusing experience. We have experience assisting employees who are being investigated by regulatory bodies, including advising in relation to any action taken against you while investigations are ongoing (such as suspension with or without pay), liaising with your employer and the regulatory body on your behalf, and representing your position in court if necessary.

TUPE Transfers of Undertakings

When your employer transfers their business, outsources an activity, or brings an activity in-house (such as payroll), under the Transfer of Undertakings (Protection of Employment) regulations (TUPE), your employment status remains the same and you are entitled to the same terms of employment as under your previous employer.

We can advise you of your rights under TUPE, including in relation to dismissal, transfer, changes to your job responsibilities, or changes to your contract of employment.

Whistleblowing

If you report an employer for wrongdoing – for example, if your employer is putting an employee’s health and safety at risk – it is against the law to dismiss you or subject you to some other detriment as a result.

Our employment dispute lawyers can advise you on whistleblower protections and help you start a Tribunal claim if you are unfairly dismissed. The law in this area is complicated and difficult to navigate, however, we will apply our expert knowledge and dedication to protecting your employee rights in order to give you the best possible chances of being successful.

Employment solicitors

If you would like further information, please contact Reena Sharma at our Farnborough office on 01252 367517 or Mel McCrum or Stacey Edgley at our Ash Vale office on 01252 367523 or 01252 367532. They are all members of the Employment Lawyers Association.