Frequently Asked Questions
I have been dismissed without any process being followed, what are my rights?
Unless, you are an employee with more than two years continuous service you are not able to bring a claim for 'normal' unfair dismissal.
There are exceptions to this rule, for example you are pregnant and therefore it will not matter how long you have been employed for.
You may still be able to bring a claim for wrongful dismissal but this depends upon why your employer has dismissed you and it would be best to speak to us to see if this applies. If successful, a wrongful dismissal claim only allows you to claim damages for your notice period.
How long do I have to bring a claim?
You have three months minus one day from the date the event occurred to submit a claim to the Employment Tribunal; unless your claim is for a statutory redundancy payment and then the time limit is six months minus one day.
It is important that if something has occurred at work and you want some further advice that you contact us as soon as possible so that we can advise you due to the short time limits for submitting a claim.
How much should I be being paid?
From 1 April 2019 the current minimum hourly rates of pay are as follows:
National Living Wage (aged 25 and over) = £8.21 per hour
Adult Rate (aged 21 to 24) = £7.70 per hour
Development Rate (aged 18 to 20) = £6.15 per hour
Youth Rate (16 to 17) = £4.35 per hour
Apprentice Rate (Under 19 or in first year) = £3.90 per hour
What should I do if I am not being paid correctly?
If you think you are not being paid correctly then it would be beneficial to speak to one of our specialist advisors first.
They can explain to you to you the process of raising a grievance, if you are still employed or how to bring a claim for an unlawful deduction from wages if you have already left.
Please take into account the strict time limits for lodging a claim at the Employment Tribunal and see the answer to this question above.
Are there fees to lodge a claim at the Employment Tribunal?
No, since the landmark decision of the Supreme Court in July 2017 there are no longer any fees to pay to bring a claim at the Employment Tribunal.
However, Respondents (Employers) can make an application for their costs to be paid by Claimants (Employees) in certain circumstances.
Therefore, it would be best to seek advice prior to submitting a claim.
I am not happy at work, should I raise a grievance?
If you are not happy at work you may wish to raise a grievance, which is a formal written complaint about how you are being treated.
However, prior to doing this there are a number of things to consider.
For example, is there anything that can be done to make things better? Will raising a complaint help the situation and make things better or will it make things worse? When did the incidents that made you unhappy occur?
If you are unhappy at work, speak to one of our advisors first to get some advice to see what your options are and to talk through all of the options and implications of raising a formal grievance.
I still have employment law questions what can I do?
If you have any employment law questions or queries and live in Warwickshire please contact us.
Email - enquiries@warksemprights.com at any time and we will aim to get back to you within 48 hours.
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