The Equality Act 2010 set out nine protected characteristics. This means that it’s illegal for you to be discriminated against on the basis of:

• Age
• Disability
• Gender Reassignment
• Marriage or Civil Partnership (As related to your employment)
• Pregnancy and Maternity
• Race
• Religion or Belief
• Sex
• Sexual Orientation

Unfortunately, people often suffer workplace bullying and harassment in relation to these characteristics. Just as significantly, many people suffer unlawful discrimination at work, which means that they receive unfavourable treatment because of these protected characteristics.

It’s not just unfair for you to be discriminated against in the workplace, it’s also unlawful. That’s why our experienced workplace discrimination solicitors are here to help you at every turn. In the first instance this can mean advising you on how to make a formal complaint, known as a grievance to your manager or Head of Human Resources. Negotiating your company’s grievance procedure may not be straightforward and having expert legal assistance on hand can help to make sure that your rights are fully respected.

In cases where the discrimination has been too serious to allow for an amicable resolution, we’re also highly experienced in negotiating favourable severance packages, should you wish to leave your current employer and move on to a company that offers a fairer and more pleasant working environment.

You can also rest assured that where your employer’s internal procedures can’t help you to obtain a fair resolution and you feel that you must resign, we’ve extensive experience of supporting our clients by issuing proceedings for constructive dismissal at employment tribunals. It’s often a good idea to take legal advice before taking the step of resigning.

You’ve the right to be treated fairly and decently in the workplace. If you’re being bullied or harassed – whether subtly or openly – the law is on your side when you decide to take a stand.

In the first instance, we can advise you on the first steps you can take to help stop this unfair treatment at work. However, if you continue to be bullied or discriminated against by groups or individuals in the workplace, we’re also here to help you seek legal solutions including taking your employer to an Employment Tribunal for breaching their duty of care towards you.

While many people consider a certain amount of ‘banter’ at work to be reasonable, the fact is that it’s all too common for banter to cross the line between being ‘a bit of fun’ and turning into unpleasant bullying. Examples of bullying in the workplace can include:

• Excessive criticism, particularly in front of others
• Being unfairly excluded from team activities meetings and emails
• Constant teasing, verbal abuse or sexual innuendo
• Threats with regard to your job security
  Being humiliated or demeaned in front of others

In addition to these common but unpleasant forms of bullying, many people experience harassment in the workplace. The legal definition of harassment under the Equality Act 2010 is: “Unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual”.

Importantly, discriminatory jokes or comments about any of these protected characteristics don’t have to be directed towards you in order to constitute harassment. If they’re made in your earshot, even accidentally, they can potentially still count as harassment.

If you’ve worked for an employer continuously for at least two years, you’ve a number of legal rights. These mean that you cannot be dismissed without a fair reason. Fair reasons in the eyes of the law include:

• Capability: Where your health or abilities are not up to the demands of your role
• Conduct: For example, where you’re consistently late, abusive to others or frequently absent
• Redundancy: Where roles no longer exist or there’s a reduced requirement for a particular role of type of work, and you’ve been selected for redundancy based on fair criteria and a fair selection process
• Breach of statute: For example, where an employee who needs to drive as part of their job is disqualified from driving, although driving would likely have to be an essential or at least significant part of their duties for the dismissal to be potentially fair
• Some other substantial reason ‘SOSR’: Which may include personality clashes with important clients or colleagues as well as reorganisation of a business

Being made redundant isn’t the same thing as being sacked. It isn’t a result of anything you’ve done wrong. It should only happen when your role is ceasing to exist. There are number of rights you should be made aware of if you’re facing an impending redundancy, and the onus is on your employer to make sure you are treated fairly and receive everything you are due. This ranges from exploring the option of alternative employment where possible, to making sure you receive the full financial package that your years of service have earned you.

It’s also important to understand that if you’re facing redundancy, you may be able to challenge the fact that you’ve been selected, if you believe this has happened due to discrimination rather than for some fair and objective reason.

If you’ve been notified that you’re about to be made redundant, speak to one of our experienced redundancy solicitors today. We can make sure you understand your rights, as well as help to make sure you receive fair treatment and the financial package you’re entitled to.

How much notice of redundancy do I get?

The law demands that you receive a proper notice period before being made redundant. These are currently:

• At least a week if you’ve worked for your employer for between one month and two years
• One week for each year if you’ve been employed for between two and 12 years
• 12 weeks’ notice if you’ve been employed for 12 years or moreYour employment contract may specify more than this statutory minimum, but it can’t specify less. Your contract may also state that your employment can be ended without notice if ‘payment in lieu of notice’ is given instead. This means that, for example, if you should have received 12 weeks’ notice but received none, you would be entitled to 12 weeks’ pay, in addition to any redundancy payments that you’re owed.

Restrictive covenants are often contained in your contract of employment, but they can also be found in policy documents, share rules or elsewhere. They restrict what you can do for a certain period of time following termination of your employment. This may include a ‘non-compete’, which prevents you from competing with your employer once you’ve left the business, or a ‘non-deal’, which prevents you from dealing with certain individuals or companies once you’ve left.

While it’s perfectly acceptable in law for a restrictive covenant to be added to an employment contract, it may be unenforceable, on the grounds that it amounts to a restraint of trade.

However, if your employer can show that the restrictive covenant is only in place in order to protect their legitimate commercial interests, and that it only extends far enough to reasonably protect those interests, a court may rule in its favour, with potentially ruinously expensive damages and a injunction for the employee a distinct possibility.

Whatever your occupation or profession, it’s possible that you’ll one day uncover dishonesty, malfeasance, risk-taking or malpractice at the place you work. It doesn’t matter whether you’re a doctor or a lawyer, a financial director or a secretary; if you see wrongdoing in a public or private organisation – and the chance to make things right by revealing the truth – you’ve the moral right to become a whistleblower.

It goes without saying that this is a brave and potentially risky course of action, which can lead to career damage or even dismissal once you’ve revealed what you know. That’s why our experienced employment law solicitors are here to help and want to talk to you at the earliest opportunity in order to make sure your courage isn’t going to be punished by your employer.

We’ve the experience to offer you practical advice and assistance in reporting public interest concerns in a way that helps to avoid difficulties and discourage reprisals.

Breach of contract disputes can be enormously damaging for both parties to a contract: the party that believes a contract has been broken, and the party accused of breaking it. These disputes arise when one party accuses the other of breaking one or more terms of a contractual agreement, usually resulting in a financial loss. Unfortunately, when this happens, professional relationships can break down completely, often making any losses – and potentially any damages claim – far more substantial than necessary.

That’s why, whether you’re the injured party or have been accused of breach of contract, we will often recommend that you seek an amicable solution in the first instance. Our experienced contract law solicitors are happy to advise and assist you with this course of action. However, if recourse to the courts becomes necessary, we also have the expertise to help you obtain a fair and just result in a court of law.

Where do I stand in a breach of contract dispute?

This all depends on the nature of the contract. When you consult our contract law experts for advice, they will consider the following:

• Where it’s a verbal contract: While it’s true that a verbal contract is as legally binding as a written one, evidentially it’s more difficult to argue in court that a contract has been breached when it’s simply one person’s word against another’s.

• Where there is a written contract: If your contract is properly drafted, it can be easier to rely on the written contract to evidence that one party has breached the terms.

• Where there has been a delay in action: If you delayed for a considerable period of time before complaining about a breach of contract, a court might rule that you had effectively ‘waived’ the breach, losing you the right to claim damages.

Naturally, these all involve quite complex areas of contract law. Your case might involve not being paid for your notice period or bonus or you being accused of breaching restrictive covenants.

If you’re involved in a dispute with your employer it can be a very stressful and isolating time and it’s important that you know where to turn for reliable advice on the actions you can take. Our employment lawyers are experts in this area of law, providing comprehensive and practical advice for employees on a wide variety of disputes.

We offer initial employment advice to provide you with a clear understanding of your position and your legal rights. Our initial advice consultations are an opportunity for you to speak to an experienced employment lawyer in confidence. During the consultation your lawyer will be able to advise you on the following:

• if you have a claim against your employer
• a preliminary view on the likely success of your claim
• how much your claim could potentially be worth
• how much it will cost to pursue an employment claim
• how you might be able to fund a claim against your employer
• how long it might take for your claim to reach a resolution
• any time limits to bring a claim against your employer