North London Solicitors

North London Employment Law FAQs

How should I go about resolving a grievance in the workplace ?

In most instances, it makes sense to have an informal chat with your manager.  If this does not resolve the issue, you may want to have a chat with your line manager, a union official or someone from the Human Resources department.  You should keep a record of any events relevant to your grievance, including dates and times as well as what occurred, and you should make copies of any relevant documents, such as memos and letters.

If nothing changes, you might want to consider making a formal complaint following the procedures set-out by your employer or through a trade union official.  Your employer is legally obliged to deal with the complaint in a fair and consistent manner and give reasonable consideration of the grievances you have raised.  You may also be able to rely on the contents of your “grievance letter” in any consequent legal proceedings with your employer.  For this reason, it is important to keep a copy of the letter and, if possible, send your letter by registered mail.

If you are not satisfied with the outcome of your complaint, you might want to consider seeking legal advice and taking your employer to an employment tribunal if you have a legal claim.

I am being continuously racially abused by a customer.  What are my legal rights ?

Under the Equality Act 2010, your employer is obliged to take steps to prevent discrimination/harassment of employees with a “protected characteristic” by a third party (customers, business partners etc.).  Protected characteristics include race, nationality, age, gender, sexual orientation, gender reassignment or disability.  If your employer fails to take steps against discrimination/harassment on more than two occasions, you may have a legal claim against your employer and a right to take them to an employment tribunal.

What is “constructive unfair dismissal” ?

Constructive unfair dismissal occurs where an employee terminates their own employment because they find it impossible to continue working due to circumstances created by the employer.  If the employer changes the nature of your work, workload, hours you work or the location of your workplace without prior consultation and you consequently leave your job, you may have a claim for constructive unfair dismissal and have a right to take your employer to an employment tribunal.

The term constructive unfair dismissal and can include a whole host of other situations.  If you have a disability, for example, and your employer fails to make reasonable adjustments to accommodate your disability, you may have a claim for constructive unfair dismissal.

Will I have to pay the employer’s legal costs if I take them to an employment tribunal ?

No, subject to certain exceptions and not least inappropriate conduct or tactics,you will not have to pay your employer’s legal costs, even if you lose the case.