An Employment Solicitor is a legal professional who is qualified in employment law and is used to represent employees or individuals contravening employment law. Their main function is to act on behalf of their clients in court proceedings, providing legal guidance and representation in negotiations and arbitrations and representing them at workplace Tribunal and Employment Courts. Their role as an Employment Solicitor is not limited to employment law but they are extremely proficient in all other areas as well. To be precise, they are proficient at handling all types of cases that may arise within the course of any employment case.
The role of an employment solicitor birmingham may differ according to the type of law that is applied. For example in employment law, it is the solicitor who will ensure that an employee not be discriminated against while at work. This will include dealing with any form of harassment, any form of unfair dismissal, breach of contract and any other form of unfair and unlawful treatment. They will also ensure that an employee is paid their wages during the time that has been agreed upon and in accordance with the employment agreement.
The employment solicitor will also be required to defend an employee from any form of attack made against them by an employer or their employer’s representative. For example, if an employee feels that they have been unfairly dismissed or that they have been injured while at work then they must seek advice from an employment solicitor as to whether they have a case. Where there is reasonable ground for believing that an employee has been unfairly dismissed, the employer must cease the unfair treatment and must compensate the injured person or else the Employment Rights Act will apply.
They will also be required to deal with any complaints that are forwarded by employees or by any interested third parties. Where there are reasonable grounds for discrimination or where the employer has failed to comply with the Employment Relations Act provisions then a claim for unfair dismissal may be made. These types of claims can also result from any complaints about discrimination that happen in the workplace. Again, where there is reasonable ground for suspecting discrimination and where the employer has failed to comply with the provisions of the Employment Relations Act the Employment solicitor will be asked to make a referral to the employer.
Where the employment solicitor has developed and subsequently advised a person that they have a strong case then they will go forward with the case. They will consult with the employer and will build up a case. This is often a lengthy and complex process but it is worth it as once this case has been built up stronger legal representation will be able to stand up for you and win the case. In some cases an employer will attempt to reduce the compensation that is awarded.
If the employer fails to abide by the Employment Relations Act provisions and the Employment solicitor feels that the employer has contravened the Act then they will refer the matter to the Employment Tribunal. Again, if they have done this they will have to show why these measures are necessary. There are two avenues open to the employer if they are contravening the regulations. Firstly, they can negotiate with the employee and try to rectify the situation. Secondly, the employer can appeal to the Tribunal which will issue a ruling which will be binding on them.