Resolving disputes in the workplace
The workplace can be a minefield of legal issues. If you find yourself involved in a workplace dispute, feel discriminated against or harassed, our team can help you.
Our dedicated team can help with all aspects of resolving disputes in the workplace. We will provide advice on the best way for you to respond and resolve the dispute, but also give you a straight answer about your chances of success should your grievance go to Court or to a tribunal.
Our employment team provides practical advice on all employment law issues including:
Discrimination for sex, race, disability, bullying or harassment
It is unlawful for an employer to discriminate against a worker in relation to their:
- Age
- Religion and belief
- Disability
- Sex
- Race
- Sexual orientation
- Marital status
Do you think you’ve missed out on a promotion because of your sex? Or suspect you missed out on a pay rise because of your race? The law surrounding equality and discrimination in the workplace is complex and fast changing, so it’s worth talking to us if you feel you’ve been discriminated against in any way. We can give you the support and advice to help you reach a settlement.
Grievance procedure
A grievance can be any concern, problem or complaint that an employee wants to make known to their employer. Raising a grievance within your workplace can be a daunting prospect, but when done in the right way and with a desired outcome in mind, it can make the workplace a much better place to be for everyone involved.
Disciplinary action
A disciplinary action is a warning in response to employee misconduct or poor performance. Depending on the severity of the case, a disciplinary action can take different forms, including:
- A verbal warning
- A written warning
- A performance improvement plan
- A reduction in rank or pay
- Termination
For disciplinary actions to be fair, employees should know up front what behaviour is acceptable, how they are expected to perform, and what measures will be taken if they don’t fulfil their employer’s expectations. Expectations can be made clear in job descriptions, an employee handbook and internal HR policies. If you are facing disciplinary action and don’t feel you have been treated fairly, our team can investigate and advise you on what action you should take to resolve the situation.
Redundancy
Sadly, sometimes businesses have to make redundancies in order to survive and grow. But your employer must have a good reason for making you redundant.
We can help you prepare for any conversation with your employers, ensure you understand your rights and advise you on potential claims against your employer if you feel you have not been treated fairly. Together we can establish whether you have grounds for further action.
Unfair dismissal
If you feel you’ve been unfairly dismissed or treated in such a way that you had no choice but to resign, we can help prepare an unfair dismissal claim. Our team will give you an honest and considered assessment of your rights and likely chances of success if you proceed to an employment tribunal.
Tribunals
If you have a problem at work that you have been unable to sort out with your employer, you might have to make a claim to an employment tribunal.
An employment tribunal can only decide certain types of work-related claims, including:
- Parental rights at work – like maternity or paternity rights
- The rights to pay – like unpaid wages, notice or holiday pay or not being paid the National Minimum Wage
- Being dismissed and losing your job
- Discrimination, including equal pay
- Breach of contract
- Rights to time off work
We can help you establish how strong your case is and help you decide if you want to make a claim to the employment tribunal or settle your case, where that’s possible. If you decide to proceed we can help with making the claim and preparing you for the tribunal process.
Next steps: get in touch
If you need help resolving disputes in the workplace, contact our experts on: 0800 533 5349 or enquiries@mogersdrewett.com as soon as possible. Quick action can help you resolve the issue much more efficiently.
Meet the team
Frequently asked questions
Yes, it is a statutory requirement to provide a document of terms and conditions so you know what is expected of you before you start working.
Yes, we recommend that all employers have a written grievance policy that details how an employee should raise a grievance and the process that follows after a grievance has been raised. This ensures that everyone is aware of the procedure.
Employee misconduct covers certain types of behaviour that are considered to be unacceptable in the workplace. It can relate to inefficiency, bad conduct and general poor performance.
Examples of misconduct include:
- Damage to property
- Hostility towards other colleagues
- Theft or fraud
Your contract, employee handbook and internal HR policies should clearly outline what is acceptable behaviour and what constitutes misconduct.
If you’re being made redundant, you might be entitled to redundancy pay.
There are two types of redundancy pay you could get:
- ‘Statutory’ redundancy pay – what the law says you’re entitled to if you have been employed by your employer for two years continuously
- ‘Contractual’ redundancy pay – extra money your contract says you can get on top of the statutory amount
If you’re entitled to either type of redundancy pay, it’ll be paid by your employer.
Statutory redundancy pay is based on your earnings before tax (called gross pay) your length of service and your age.
For each full year you’ve worked for your employer, you get:
- up to age 22 – half a week’s pay
- age 22 to 40 – 1 week’s pay
- age 41 and older – 1.5 weeks’ pay
If you turned 22 or 41 while working for your employer, the higher rates only apply for the full years you were over 22 or 41. You won’t pay any tax on your statutory redundancy pay but the length of service is capped at 20 years.
