Employment Law Solicitors in Edinburgh

Work Matters...

Welcome to Employment Law Edinburgh Solicitors. We have a dedicated and expert employment law department who represent the interests of employees like you. All of our specialist solicitors are members of The Law Society of Scotland and we have more than a 100 years of experience as a firm. We put this professional experience and knowledge to good use to provide excellent service and successful outcomes for our valued clients.

Outlined below are some of the main areas of employment law that we specialise in. 

Our Employment Law Areas;

• Settlement Agreements in Edinburgh
• Unfair Dismissal
• Discrimination

Contact our Employment Law Solicitors on 0131 322 1449 or complete our online enquiry form.

Settlement Agreement Solicitors in Edinurgh

It is not uncommon for employees and employers to reach a stage in the employment relationship, where they both feel it would be better that it came to an end.  This may be because of business or financial requirements or because of an unsettled dispute. Settlement agreements allow such problems to be resolved in a way that is suitable for both parties on negotiated terms.

A settlement agreement can be entered into at any point in the employment relationship, however it is usually used when an employer is looking to resolve a dispute with an employee. Under a settlement agreement, the employee waives their right to bring a claim against their employer at an employment tribunal, and in return normally receives payment of a sum from their employer amongst other negotiated benefits.  

The employer and employee will negotiate the terms of the settlement agreement and it will then be written up into a formal offer letter. This letter should outline all of the details of the agreement including a termination date, agreed payment and any other negotiated terms. 

There are certain legal requirements that must be complied with for a settlement agreement to be binding, these are;

• That the agreement must be in writing;
• The agreement must state clearly the claims that the employee may not bring against the employer. 
• The agreement must also include a statement which outlines that the statutory provisions ensuring the legal validity of settlement agreements have been satisfied.
• The employee must have had independent legal advice in relation to the settlement agreement.

It is essential that settlement agreements are drafted correctly in order to ensure that both parties get what they want from the agreement. Our expert employment law team can assist in drafting accurate, clear settlement agreements that ensure the needs of both parties are met and that the employment dispute is brought to an end. 

To discuss your employment law issue, please contact us on 0131 322 1449 or complete our online enquiry form.

Unfair Dismissal

Under the law,  employees have a right not to be dismised unfairly.  If they are unfairly dismissed, a claim can be brought against the employer in an employment tribunal for unfair dismissal. 

 Unfair dismissal claims fall into two categories:

• Ordinary unfair dismissal – Where the employee has been continuously employed for two years and subsequently been dismissed for a specific unfair reason
• Automatic unfair dismissal – Where the employee has been continuously employed for one year and is dismissed for a reason that has been expressly prohibited by law.

In order to determine whether a dismissal is unfair, the tribunal will consider whether, in the circumstances leading up to the termination of employment, the employer acted reasonably in determining that the reasons for dismissal were sufficient to end employment relationship.

It will not be an unfair dismissal if the employer has acted reasonably and can justify the dismissal. This may be because the employee is not qualified or has shown inappropriate conduct, for example.

However, dismissal will automatically be deemed to be unfair where the employment relationship is terminated for a reason that is prohibited by law. By law, employers are prohibited from dismissing employees for;

• Requesting to work flexibly
• Taking maternity or pregnancy leave;
• Taking paternity or adoption leave or asking to do this;
• Requiring or taking parental leave to care for dependants;
• Whistleblowing
• Asserting employees statutory rights. This may be the right to minimum wage, annual leave or working tax credits.

The time limit for bringing a claim for unfair dismissal is three months after the employment is terminated – it is important to keep this in mind. If an employee brings an unfair dismissal claim successfully, they may be re-employed or be able to claim compensation for loss of income and other payments.

Discrimination at Work

Under the law, an employee, job applicant or former employee cannot be treated less favourably on the grounds of

• Race,
• Disability,
• Religion or belief,
• Sex or gender,
• Sexual orientation,
• Age
• Or as a result of pregnancy.

The law specifies the conduct that is prohibited in the workplace in relation to these protected characteristics:

Direct, indirect or associative discrimination – This is where a person directly discriminates against another on the grounds of one of the characteristics listed above or where a provision, criteria or practice is put in place that results in a person or group of people with a protected characteristic at a disadvantage. This could also happen if the person disadvantaged or discriminated against does not have a protected characteristic, but is being treated this way because they are associated with someone who does.

Harassment – Harassment occurs when an individual takes part in unwanted conduct towards another on the grounds of one of the protected characteristic. For example, name calling or mockery.

Victimisation – Victimisation is where an individual discriminates against another on the basis of that person making complaint of a breach of equality law, giving evidence in connection with an alleged breach or bringing proceedings in connection with an alleged breach of equality law.

Disability-related discrimination – This involves a person treating an individual with a disability less favourably as a result of their disability. Employers are required to make reasonable adjustments to accommodate those with a disability.

Call Our Employment Law Solicitors Today

The Employment team at Employment Law Edinburgh are specialists in Employment law, and are able to assist you with any issues which may be causing you concern.

To discuss your employment law issue, please contact us on 0131 322 1449 or complete our online enquiry form.