FAQ's

For Employees

1. I have been invited to a disciplinary meeting – do I have to go?

You should attend if you can. If you don’t agree with what has been raised the meeting is your opportunity to put forward your case. Your employer must, however, give you reasonable notice and information about what they wish to discuss with you.

2. Can I take a companion?

Yes. You have the right to be accompanied by a trade union representative (if applicable) or a colleague. If you would like to take anyone else, such as a family member, you can ask your employer, but they are not obliged to allow this.

3. I am feeling bullied by a colleague – what can I do?

You should raise this with your employer. You can raise it informally at first, but you can also raise a formal grievance by putting your complaint in writing. You should ask your employer for a copy of their grievance procedure.

4. I have been dismissed, but I have less than one year’s service – what can I do?

You do not have sufficient service to bring a basic unfair dismissal claim, however you might have a different type of claim such as wrongful dismissal (if you have not received your notice pay) or discrimination, for example.

5. When should I receive a written statement of terms and conditions?

By the end of the second month of employment all employees are entitled to have been provided with a contract by their employer including details of the hours of work, holiday and sickness provisions, a job description and place of work, amongst other things.

6. In what circumstances do I need to submit a grievance before pursuing an employment tribunal claim?

In almost every instance. The main exception to the rule is unfair dismissal claims, but grievances still need to be submitted if you have resigned and plan to claim unfair constructive dismissal. The statutory dispute resolution procedures are designed to avoid the need for litigation, and essentially encourage employees and workers to exhaust their employers’ grievance procedures before pursuing claims to the employment tribunal.

7. I am being made redundant. Am I entitled to a redundancy payment?

In order to be entitled to a redundancy payment by law, you must have two years’ continuous service with your employer when your notice period expires. Sometimes, however, redundancy payments are covered in an employee’s contract, but this varies from employer to employer.

8. My employer is being taken over – do I have to transfer too?

Not if you do not wish to. You have a right to object to any potential transfer, but such an objection may limit your right to make claims against either your former or your new employer. Normally raising an objection will mean that your employment comes to an end when the transfer happens.

9. What is a compromise agreement?

A compromise agreement is a contract you are asked to sign by your employer in which you agree not to bring any employment claims, usually in return for a payment of compensation. We have specific expertise in advising on such agreements – please see our dedicated compromise agreement pages for more information.

10. What does ‘without prejudice’ mean – should I use it in letters to my employer?

If you are in a dispute with your employer, the law encourages both parties to reach a settlement, thus preventing the need for litigation and court or employment tribunal proceedings. The words ‘without prejudice’ are used in correspondence relating to any such settlement, allowing the parties to conduct negotiations safe in the knowledge that all ‘without prejudice’ correspondence will remain undisclosed to the court or tribunal.

If you are writing a grievance or appeal to your employer, for example, you should not usually use ‘without prejudice’, as such documents should be available for the tribunal to see. If you are in any doubt about the contents of a ‘without prejudice’ letter you have received from your employer or their representative, you should always seek legal advice.