Employment law support
Speak to our employment solicitors in Blackburn
Workplace problems can develop quickly and often involve important decisions about your employment and future. Pre-Law advises employees throughout Blackburn on matters including proposed exits, redundancy processes, dismissal, settlement negotiations and Employment Tribunal disputes.
Our approach is to understand what has happened, identify the employment law issues that matter and give you a clear view of the routes available. From reviewing documents and advising before important workplace meetings to negotiating with an employer or pursuing a claim, we provide support tailored to your circumstances.
- Settlement Agreements
- Redundancy & Voluntary Severance
- Unfair Dismissal & Constructive Dismissal
- Employment Tribunal & Disputes
Settlement Agreement Solicitors in Blackburn
Advice on Settlement Agreements in Blackburn
If you have received a settlement agreement from your employer, Pre-Law can help you understand the offer and decide how to respond. We advise employees on proposed exits, compensation packages and the terms governing the end of their employment.
By signing a settlement agreement, you will usually agree not to pursue specified employment claims against your employer. We will explain the rights you are being asked to waive and make sure you understand the consequences of accepting the agreement.
For an agreement to validly settle most statutory employment claims, particular legal requirements must be satisfied, including the requirement for the employee to receive advice from an independent adviser. We can provide the necessary advice and advise on the wider terms being proposed.
Our review can cover the termination payment, notice arrangements, outstanding salary and holiday, tax provisions, confidentiality, references and restrictions applying after employment. We will also highlight wording that may require amendment or further explanation.
Why Pre-Law
Clear advice before you sign your settlement agreement
A settlement agreement should be considered in the context of what has happened at work and not simply as a standalone document. Understanding why the offer has been made can be important when assessing both its financial value and the terms proposed.
Your solicitor will take you through the agreement in straightforward terms, identify its important provisions and answer your questions before you make a decision. Our role is to ensure you understand what signing will mean for you.
Where there is a potential employment claim or another reason to seek improved terms, we can advise on whether further negotiation is appropriate. This may involve both the compensation offered and practical matters surrounding your departure.
We can also address provisions which continue after your employment has ended, including confidentiality obligations and restrictive covenants. Where an agreed reference forms part of the arrangement, its proposed wording can also be considered before completion.
Redundancy Solicitors in Blackburn
Redundancy and Severance Advice in Blackburn
A redundancy process can raise questions about why your role has been selected, whether consultation has been meaningful and what you should receive if your employment ends. Pre-Law provides advice to employees at each stage of the process.
Redundancy can arise where an employer closes a business or workplace, or where its requirement for employees to perform work of a particular kind has reduced or is expected to reduce. The existence of a redundancy situation does not, by itself, make every resulting dismissal fair.
Where several employees perform similar work, the way the employer determines who is at risk may be particularly important. We can consider the selection pool, criteria used, individual scoring and the consultation undertaken before a decision is reached.
We can also advise on the financial consequences of redundancy, including statutory or enhanced redundancy payments, contractual notice and outstanding employment payments, together with any alternative positions your employer has proposed.
Why Pre-Law
Advice throughout the redundancy process
You do not need to wait until you have received a dismissal letter before obtaining advice. Reviewing the position during consultation can allow concerns about selection, scoring or alternatives to be raised while the process remains ongoing.
We can examine the documents supplied by your employer and help you understand what questions or representations should be raised during consultation. Where appropriate, we can also assess whether the stated redundancy situation reflects what is actually happening.
An offer of another position also requires careful consideration. The suitability of alternative employment can depend on factors such as responsibilities, remuneration, seniority, working arrangements and where the employee will be required to work.
If dismissal has already taken place, we can review the procedure followed and advise on potential claims or outstanding payments. Where a severance package or settlement agreement is offered, we can consider that proposal alongside your underlying redundancy rights.
Dismissal Solicitors in Blackburn
Unfair and Constructive Dismissal Advice in Blackburn
Losing your job, or reaching the point where you are considering resignation because of your employer’s actions, can give rise to several different legal issues. Pre-Law can assess the circumstances and advise whether there is a potential dismissal claim.
In an ordinary unfair dismissal case, an employer must establish a potentially fair reason for dismissal. The recognised reasons include conduct, capability, redundancy, a statutory restriction and some other substantial reason. The Tribunal then considers the reasonableness of the employer’s decision.
The procedure leading to dismissal can be as important as the stated reason. Depending on the case, relevant issues may include the investigation undertaken, evidence considered, warnings given and whether the employee had a proper opportunity to respond.
Constructive dismissal involves a different analysis because the employee resigns rather than being expressly dismissed. It requires a sufficiently serious breach of the employment contract and a resignation in response to that breach. Delay can create difficulties if the employee appears to have accepted the position.
Why Pre-Law
Why choose Pre-Law for dismissal advice?
Dismissal disputes often depend on much more than the reason stated by an employer. We consider the events leading up to the dismissal, the procedure followed and the evidence available before advising you on the strength of your position.
If your employment has already ended, we can identify potential claims and explain the options available to you. This may include unfair dismissal, wrongful dismissal or other claims arising from the circumstances surrounding your departure.
Constructive dismissal requires particular care because resignation is normally central to the claim. If you are considering leaving because of your employer’s conduct, we can assess whether the circumstances may amount to a fundamental breach of your employment contract.
We can also advise on the practical steps available before or after employment ends, including grievances, appeals, negotiations and Acas Early Conciliation. Where Tribunal proceedings are appropriate, we can help you understand the process and relevant deadlines.
Employment Tribunal Solicitors in Blackburn
Employment Dispute and Tribunal Advice in Blackburn
When a workplace problem develops into a legal dispute, early assessment can help establish the available claims and the steps required to protect your position. Pre-Law advises employees across a range of Employment Tribunal matters.
Tribunals determine claims arising from statutory employment rights and certain contractual disputes within their jurisdiction. Claims can concern matters including dismissal, discrimination, wages and other workplace rights, depending on the circumstances.
Strict procedural requirements apply to Tribunal proceedings. In most cases, a claimant must first notify Acas for Early Conciliation before submitting proceedings. If a claim then needs to be issued, it is commenced using the prescribed ET1 claim form.
After proceedings begin, the case may involve preliminary issues, case management directions, disclosure, witness evidence and ultimately a final hearing. The particular steps required will depend upon the nature and complexity of the dispute.
Why Pre-Law
Why choose Pre-Law for Employment Tribunal advice?
Employment Tribunal disputes require careful preparation from an early stage. We can assess the legal basis of your claim, consider the available evidence and explain the procedural requirements before you decide how to take the matter forward.
Strict time limits apply to Employment Tribunal claims. We can help identify the relevant deadline, advise on Acas Early Conciliation and ensure you understand the steps required if proceedings need to be commenced.
If a claim proceeds, we can assist with the different stages of the Tribunal process, including case management requirements, disclosure and witness evidence. Our advice remains focused on the issues that are material to your particular dispute.
A Tribunal hearing is not the only possible outcome. We can consider settlement opportunities throughout the dispute and advise on negotiations or Acas conciliation where appropriate, while ensuring you understand the implications of any proposed resolution.
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Frequently Asked Questions
The appropriate period will depend on the circumstances. Settlement agreements should not be signed without sufficient opportunity to understand the terms and obtain the required independent advice.
Where a deadline has been imposed, we can review its significance alongside the agreement. A short deadline does not remove the need to understand what you are accepting before signing.
Employment Tribunals deal with a wide range of workplace claims. These include unfair dismissal, discrimination and unlawful deductions from wages, together with various other claims created by employment legislation.
Whether the Tribunal has jurisdiction depends on the particular complaint, so the legal basis of the proposed claim should be identified before proceedings are issued.
Constructive dismissal requires a fundamental or repudiatory breach of the employment contract. Examples may include serious failures concerning pay or conduct amounting to a fundamental breach of the implied obligation of mutual trust and confidence.
The threshold is significant: an employer behaving unreasonably does not necessarily mean that a fundamental contractual breach has occurred.
We can assess the offer alongside any potential claims or other relevant factors and advise whether negotiating the financial or non-financial terms is appropriate.
Early Conciliation is the process through which Acas may assist an employee and employer in trying to resolve a workplace dispute without the need for the claim to proceed through the Tribunal.
For most claims, the prospective claimant must notify Acas before commencing Tribunal proceedings. The interaction between Early Conciliation and the applicable limitation period also needs to be taken into account.
Yes. An agreed reference can form part of a settlement agreement and is often important where the employee will be applying for another role.
Where reference wording has been proposed, we can review it alongside the rest of the agreement. If no reference has been included, we can consider whether requesting one should form part of any negotiations.