Employment law can be complicated and confusing. Even after reading the Equality Act and its implications in the workplace, very few people manage to elicit a clear understanding of all their rights at work and how to go about seeking compensation that is due to them in case of unfair treatment by their employer.
If you think your employer has discriminated against you, it is important to file a complaint and claim compensation at the earliest time as there are specific deadlines for making such complaints. If you have not had any experience in this area nor do not have the legal know-how, hiring an employment solicitor will give you the best shot at filing a successful claim.
How An Employment Solicitor Can Help
Not all solicitors are the same as many will specailise in one specific area of law only. As personal injury solicitors are specialists in personal injury claims the same applies to employment solicitors who are specialists in employment law and will have studied this area of the law extensively. They have in-depth knowledge and understanding of all aspects of employment law and know how to put together a compelling case that will give you the highest chances of winning.
Experienced solicitors are familiar with the process and can proceed swiftly and efficiently to assemble all the facts and file your case in court within the stipulated time limit. Moreover, they also know which aspects of the case to emphasise for maximum impact and which aspects are of no consequence and should be downplayed.
What To Expect At Your First Appointment With An Employment Solicitor
When you call an employment solicitor, they will set up an appointment for an initial consultation in order to get all the details from you. This will help them better understand what happened and evaluate the merits of your case.
At this initial meeting, your lawyer will want to know:
- How long you have worked for his particular employer or organisation
- Your average annual or monthly salary
- The details of the problem you are experiencing
- Details of the events that led to this current situation
- Whether you have any documents relevant to the case
- Whether there are any documents relevant to the case that are not in your possession
- Whether you have done anything or attempted in any way to resolve the matter before seeking legal aid
Once you have explained your circumstances in detail and provided all the necessary information, the solicitor will help you understand your options and tell you whether or not you have sufficient cause to file a legal case against your employer. They will also help you decide whether your case is worth pursuing further and explain what you should do next.
Most employment solicitors will advise you to first try to resolve your problem with your employer directly before filing a legal case. This is because matters can often be sorted out quickly and amicably this way. Also, an employment tribunal can decide to reduce your compensation if you have not attempted to sort out the matter with your employer before taking your case to them.
Exploring The Alternatives
There are two ways you can proceed if you decide you want to take your case further:
- If you have not already tried to sort the problem out with your employer directly, your solicitor can offer useful advice on how best to go about doing this before taking the legal route. They can help set out your case and in some cases even try to negotiate a settlement for you.
- If you have already tried to resolve the problem with your employer and that attempt was unsuccessful, an employment tribunal may be your best alternative. In this case, the solicitor can help by building a strong case and representing you at the tribunal.
Getting Advice Early Is Crucial
As mentioned earlier, there are time limits in place for taking your claim to a tribunal. The deadline varies depending on the nature of the complaint.
The time limit for filing a claim against unpaid wages or unfair dismissal is three months less one day from the day you were dismissed and for statutory redundancy payments the time limit is six months from the date you were dismissed. Every case has its own specific time limit, which you must be aware of in order to file a successful case. Even if you do have strong evidence to support your complaint, the employment tribunal may refuse to consider your case if it is filed after the set deadline.
Unfortunately, putting together the facts of the case and going through the legal process can be time consuming. If you attempt to do this yourself, you run the risk of delay, in which case you will not get any compensation at all. Employment solicitors are keenly aware of the importance of a timely submission and will ensure that your case is file before the deadline.
You Get A No Win No Fee Advantage
Most employment solicitors help employees file their complaint for compensation on a No Win No Fee basis. This means they will offer you their expert legal advice on whether or not you have a chance of winning the case without charging you any fees at the outset. If they are confident that you have a strong case and your chances of filing a successful case are high, they will help you take your case further and represent you in court at no cost to you.
You only have to pay if they win the case for you and only after you have received the compensatory amount from your employer. Usually, this amount is a percentage of the total compensation received and that figure is agreed upon at the outset before signing the contract. If you lose the case, you are not liable to pay any fees.
In most cases, employees do not proceed with filing legal complaints against their employers only because they are afraid they may not be able to afford the legal fees involved in such a process. A no win no fee agreement gives you a huge advantage in that you are getting legal representation without any upfront cost to you. There is absolutely no downside to it and because employment solicitors get paid only if they win the case, you know you will be getting the best legal representation possible.