Best Employer Lawyers in Gateshead

About Employer Law in Gateshead, United Kingdom

Employer law in Gateshead follows the same national employment and workplace rules that apply across England and Wales. That means employment rights come mainly from statutes such as the Employment Rights Act and the Equality Act, as well as regulations on working time, minimum wage, and health and safety. Local employers and employees in Gateshead also use local services for advice and dispute resolution, including Citizens Advice, trade unions and the regional Employment Tribunal sittings, which commonly serve the North East from centres in and around Newcastle. Whether you are an employer or an employee, local practice can affect how you gather evidence, who you consult and which organisations can give practical help.

Why You May Need a Lawyer

People contact an employment lawyer for many reasons. Typical situations include contested dismissals and redundancy disputes, allegations of discrimination or harassment, complex contractual disputes, TUPE cases arising from a business sale or transfer, unpaid wages or holiday pay disputes, whistleblowing claims, and negotiations over settlement agreements. Lawyers also help employers draft contracts, policies and disciplinary procedures to reduce legal risk, and represent either side at ACAS conciliation or at Employment Tribunal hearings. Legal support is especially valuable when facts are disputed, remedies could be significant, or strict time limits apply.

Local Laws Overview

Key legal points that affect employers and employees in Gateshead include the following. Employment rights are primarily set by UK statute and common law, including protection from unfair dismissal for qualifying employees, the right to a written statement of employment particulars, and statutory redundancy procedures. Equality and anti-discrimination law protects people from unfair treatment on grounds such as age, disability, sex, race, religion or belief, sexual orientation and pregnancy and maternity. The Working Time Regulations set rights on holiday, rest breaks and maximum average working hours. The National Minimum Wage and National Living Wage set minimum pay standards. TUPE rules protect employees when businesses or contracts transfer. Health and safety duties under the Health and Safety at Work Act place obligations on employers to manage risks and report certain incidents. For disputes, claimants normally need to start ACAS early conciliation before submitting an Employment Tribunal claim, and many employment-related claims have short limitation periods.

Frequently Asked Questions

What employment laws apply in Gateshead?

Gateshead is governed by UK employment law. That includes statutes and regulations such as the Employment Rights Act, Equality Act, Working Time Regulations, National Minimum Wage rules, TUPE and health and safety legislation. Local authorities and regional bodies provide advice and enforcement help, but the underlying law is national.

How long do I have to bring a claim to an Employment Tribunal?

Time limits vary by type of claim, but many common claims, such as unfair dismissal and many discrimination claims, must be presented within three months minus one day from the effective date of the dismissal or discriminatory act. Some other claims have different limits. You must normally contact ACAS for early conciliation before presenting a tribunal claim, and the conciliation process can affect timing, so act promptly.

Do I need to contact ACAS before going to tribunal?

Yes. Before most Employment Tribunal claims can be submitted, you must notify ACAS and complete early conciliation. ACAS will offer a chance to resolve the dispute without a tribunal hearing. If conciliation fails or is not suitable, ACAS will issue a certificate allowing you to proceed to tribunal.

What counts as unfair dismissal?

Unfair dismissal occurs when an employee with the required length of service is dismissed and the employer cannot show a fair reason or follow a fair procedure. Fair reasons include conduct, capability, redundancy, statutory restriction and some other substantial reasons. Employers must follow a reasonable investigatory and disciplinary procedure and consider alternatives before dismissal. Some dismissals are automatically unfair by law, for example certain whistleblowing dismissals or dismissals related to pregnancy and maternity.

What are my rights if I am made redundant?

If you are made redundant you may have rights to a consultation, to alternative roles where available, to a statutory redundancy payment if you qualify, and to notice pay. Employers must follow a fair selection process and consult with employees, particularly in collective redundancies. If you believe redundancy was a sham or handled unfairly, you may have a claim to the Employment Tribunal.

What is TUPE and when does it apply?

TUPE protects employees when a business, or a part of a business, transfers to a new employer or when a service contract moves between providers. Employees’ contracts transfer automatically, preserving terms and continuity. Both outgoing and incoming employers have information and consultation duties. TUPE issues are often legally complex and time-sensitive, so specialist advice is usually needed.

Can I bring a discrimination claim?

Yes, if you have been treated unfairly because of a protected characteristic under the Equality Act - for example age, disability, sex, race, religion or belief, sexual orientation or pregnancy and maternity. Discrimination can include direct discrimination, indirect discrimination, harassment and victimisation. Early conciliation with ACAS is required before taking most discrimination claims to tribunal.

Can I get legal aid for an employment dispute in Gateshead?

Legal aid for employment matters is limited. Most workplace disputes are not covered by legal aid, though some narrow exceptions may apply where another area of law overlaps and criteria are met. Many people use alternative sources of advice first, such as Citizens Advice, trade unions, pro bono services, or a solicitor offering an initial assessment or conditional fee arrangement.

How much will an employment lawyer cost?

Costs vary depending on complexity, the lawyer type and the fee arrangement. Firms may offer fixed-fee packages for specific services such as contract reviews or settlement agreement advice, hourly rates for ongoing work, or conditional fee agreements in some circumstances. Always ask about likely costs, what is included, and whether other fees such as court or expert witness costs could apply. If cost is a concern, seek initial free advice from Citizens Advice or a union representative.

What is a settlement agreement and should I sign one?

A settlement agreement is a legally binding contract that usually includes a payment in exchange for giving up the right to bring certain tribunal claims. It should be in writing and you must get independent legal advice on its terms before it is valid. You should not sign any agreement under pressure without fully understanding the legal and financial consequences. A solicitor can review the agreement, explain tax and statutory entitlements, and negotiate better terms if appropriate.

Additional Resources

ACAS - national service for advice and early conciliation in workplace disputes. Citizens Advice Gateshead - free, confidential advice on employment rights and next steps. Gateshead Council - local support for businesses and residents, and information about local services. HM Courts and Tribunals Service - administers Employment Tribunals in the region. Health and Safety Executive - enforces workplace health and safety laws. Law Society - for finding a regulated solicitor who specialises in employment law. Solicitors Regulation Authority - regulator of solicitors in England and Wales. Trade unions with regional branches such as UNISON, GMB and Unite - offer representation and advice to members. Local pro bono clinics and university legal advice clinics may also provide low-cost or free guidance.

Next Steps

Gather relevant documents such as your contract, payslips, correspondence, disciplinary or dismissal letters, and any evidence that supports your position. Contact ACAS to start early conciliation if you are considering a tribunal claim. Seek initial advice from Citizens Advice, your trade union or a local solicitor experienced in employment law to assess your case and options. If you are an employer, review your written policies and any procedures followed, and get specialist advice early to reduce the risk of costly disputes. Note and diary any statutory deadlines, and do not delay - many employment claims have short time limits. If a settlement is proposed, obtain independent legal advice before signing. Taking these steps will help you make informed decisions and protect your legal position in Gateshead.