FAQ’s on workplace issues and leaving your employment

UK employees have a variety of rights protected under law, including the right to a written employment contract, minimum wage, rest breaks, and holiday pay. Understanding these fundamental rights allows employees to uphold their interests and seek recourse if appropriate. Some rights vary due to the length of service, and the new Employment Rights Bill will increase some rights further. If you have questions about your employment rights, you can arrange a fixed fee appointment for us to review your contract with you and to discuss your concerns.

When an employee decides to exit a role, it’s vital to understand their contractual obligations, including restrictions on where and when they can work in the future, along with the required notice period, how to formally resign, and what to expect regarding final pay, including any accrued holiday entitlement. Clear communication with employers can ensure a smooth transition.

Gardening leave is commonly used when an employee resigns, or where their employment is terminated. During this period, the employee remains on the payroll but is not expected to perform work duties. The employer may place employees on gardening leave to protect sensitive information or client relationships during the transition. It is important to understand the terms of your leave as your employment contract remains fully alive, and you are still entitled to receive full pay and benefits. Understanding your position regarding outstanding holiday, contacting colleagues, clients, customers or suppliers and starting work elsewhere is vital to ensure you don’t breach your contract. If your employer puts you on gardening leave it can be reassuring to talk through how this will affect your future career plans and what you need to do within the terms of your existing contract.

Employees with share options or equity in the company must understand how these are affected by their departure. This involves reviewing the terms of the equity scheme, vesting schedules, and potential tax implications to ensure proper management of their financial interests. We can discuss your situation along with our Corporate team prior to resigning so you fully understand your position regarding share options and equity and the financial implications.

Discrimination and harassment in the workplace, defined under the Equality Act 2010, can take numerous forms, such as age, race, gender, or disability discrimination. Employees are entitled to a workplace free of such conduct and must be informed about procedures to report violations and seek remediation. You should keep evidence and speak to a solicitor to discuss your concerns so that you have a clear understanding of your position, your rights and the course of action available to you.

Employees considering a tribunal claim for unfair dismissal or other grievances should gather relevant evidence, including documentation of incidents and communications. Understanding the process, including time limits and the requirement for ACAS early conciliation, is crucial for a successful outcome. An employment tribunal can be daunting, and it is important to understand the legal steps involved and the potential costs. You may have legal expenses insurance which can help with the costs. We can guide you through the process to enable you to make an informed decision and to help you achieve the best outcome.

Settlement agreements allow for the resolution of disputes without formal proceedings. It’s important for employees to understand the terms of these agreements, including confidentiality clauses and the necessity of seeking independent legal advice to ensure their rights are protected upon signing. We can discuss with you the terms of a settlement agreement and make suggestions to enhance the agreement in your favour.

Employees have a legal right to request flexible working arrangements, such as remote work or altered hours after 26 weeks of continuous employment. Employers are obliged to consider these requests reasonably taking into account their company policies and the employees contract and must provide valid business reasons if rejecting an application. We can review with you the terms of your contract and if the terms allow it, advise you on how to make a successful request for flexible working.

In the case of disciplinary action, employers are required to follow a fair and transparent process, including conducting thorough investigations, notifying the employee of allegations, and allowing a right of appeal. Employees must understand their rights throughout this process, including representation options. If you are facing disciplinary action, get in touch to discuss the allegations, the process which has taken place and your options to secure a fair outcome.

Bullying at work can have serious implications for employee well-being and productivity. Employees are encouraged to document incidents of bullying and utilise internal grievance procedures to report such behaviour, whether from colleagues or management, to better address the issue. If you would like to discuss what has happened, whether it constitutes bullying and the courses of action available to you, get in touch with our team to arrange a fixed fee appointment.

Employees facing performance-related challenges should receive clear feedback and the opportunity for improvement, typically via a performance improvement plan, before any disciplinary actions are taken. Employers are required to provide support, accommodations, or training, while employees should be proactive in addressing performance concerns with their supervisors. If you would like to discuss how your employer has approached concerns around your performance, get in touch to understand if they are being fair and if they have followed the correct procedures.

Whistleblowing protections exist for employees who report illegal activities or risks within their organisation. Employees must be aware of their rights and the proper channels for reporting concerns, ensuring they can speak out without fear of retaliation. If you have spoken out but are now concerned about how your employer is treating you, get in touch with us to discuss it further and the options available to you.

A comprehensive understanding of your employment contract helps employees clarify your rights, responsibilities, and entitlements. If terms seem unfair or unclear, employees should feel empowered to seek clarification from their employer or seek legal advice to avoid future disputes.

In situations of redundancy, employees possess specific rights, including fair selection processes, consultation periods, and notice requirements. Understanding these rights enables employees to advocate for themselves and seek appropriate compensation if their role is made redundant. If you are concerned that your rights have not been observed or if you would like help to negotiate an enhanced financial lump sum, get in touch to discuss your options.

When a company is sold, employees often need guidance about the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) and how their terms are preserved. We can act for a group of employees to make sure all of their rights are upheld and to help them to negotiate the new terms of their employment. Navigating workplace issues at any stage in your career can be confusing and worrying. Employment law can be complicated to follow and keep up with, and you may benefit from professional legal guidance. A small investment in sensible, tailored, sympathetic and practical legal advice can help allay your concerns and answer all of your questions.