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Find a Lawyer in ExeterAbout Hiring & Firing Law in Exeter, United Kingdom
Hiring and firing in Exeter follow the same framework as the rest of England and Wales, governed by national employment law rather than local statutes. This means that rights and obligations arise from statutes, case law, and non binding codes rather than city-specific rules. Employers in Exeter must follow fair procedures and comply with statutory minimum standards when hiring, disciplining or dismissing staff.
Employment relationships in Exeter involve rights such as written terms, notice periods, and protection from unfair dismissal and discrimination. The role of the Employment Tribunal and the Labour Market is to resolve disputes when parties cannot agree on how employment matters were handled. For individuals seeking guidance, understanding core concepts like unfair dismissal, redundancy, and reasonable adjustments is essential.
Practically, Exeter workers and employers often engage with national bodies and local solicitors who specialise in employment law. While there are no Exeter-only rules, regional tribunals and local counsel can help tailor advice to local business environments in Devon and the South West. This guide explains how to navigate the framework and when to seek legal support.
Why You May Need a Lawyer
- Unfair dismissal after a long tenure in an Exeter company. An employee with two or more years at a local firm claims the process was not fair, including the way investigations, hearings, or outcomes were handled. A solicitor can assess whether procedures complied with statutory requirements and ACAS guidelines.
- Discrimination or harassment at work in Exeter. An employee alleges unequal treatment based on protected characteristics (eg age, sex, disability). A lawyer can evaluate evidence, advise on internal remedies and potential tribunal claims under the Equality Act 2010.
- Redundancy or restructuring in a Devon business. If a company in Exeter reduces staff or relocates roles, a solicitor can check selection criteria, consultation obligations and any statutory redundancy payments.
- TUPE transfer affecting terms and continuity of employment. When an Exeter-based business is sold or outsourced, a lawyer can review how staff terms transfer and protect accrued rights under TUPE Regulations 2006.
- Drafting or negotiating a settlement agreement. If negotiations are necessary after a dispute, a solicitor or legal counsel can ensure the agreement protects your rights and is enforceable.
Local Laws Overview
Employment Rights Act 1996
The Employment Rights Act 1996 governs core employment protections, including notice, representation, and unfair dismissal. It forms the backbone of claims and defenses in Exeter and across England and Wales. The Act has been amended multiple times to reflect evolving workplace standards.
Equality Act 2010
The Equality Act 2010 prohibits discrimination in the workplace on protected characteristics such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. This Act shapes how hiring, performance management and dismissals must be conducted in Exeter and beyond.
TUPE Regulations 2006
Transfer of Undertakings (Protection of Employment) Regulations 2006 protect employees when a business, or part of one, transfers to a new owner. TUPE coverage in Exeter helps preserve terms and continuity of employment for affected staff during acquisitions, outsourcing or reorganisations.
Other relevant frameworks include the Working Time Regulations 1998 (hours and rest periods) and the National Minimum Wage requirements. For practical guidance, consult official resources such as GOV.UK and ACAS for procedural standards and updates.
Frequently Asked Questions
What counts as unfair dismissal in the UK?
Unfair dismissal occurs when an employer terminates a worker's contract for an unlawful reason or without following a fair process. Grounds can include discrimination, whistleblowing, or a failure to follow proper disciplinary procedures.
How do I start an unfair dismissal claim in Exeter?
You typically begin by contacting ACAS for early conciliation. If unresolved, you file a claim with the Employment Tribunal. A solicitor can help assemble evidence and prepare your case.
When can I file an employment tribunal claim?
Claims must usually be filed within the time limits set by law, often within three months minus one day from the date of dismissal or from the occurrence of the issue.
Where do I file an Employment Tribunal claim?
Claims are filed with the Employment Tribunal service. The location of the hearing is determined by the tribunal and may be in a venue near Exeter or in a nearby city, depending on the case.
Why is a written statement of terms important?
A written statement confirms essential employment terms and keeps both parties aligned on pay, hours and conditions. It helps reduce disputes about what was agreed at the start of employment.
Can I claim discrimination in a dismissal?
Yes. If dismissal involved a protected characteristic or a discriminatory motive, you may pursue a discrimination claim under the Equality Act 2010.
Should I accept a settlement agreement?
A settlement agreement can resolve disputes without a tribunal. You should obtain independent legal advice to ensure the terms protect your rights and finances.
Do I need a solicitor or can I use a barrister for employment disputes?
In most cases for non-litigation work, a solicitor will handle procedural matters efficiently. Barristers are typically engaged for representation at tribunals or complex advocacy.
Is there a time limit for unfair dismissal claims?
Yes. Time limits apply, typically counting from the date of dismissal or the date the issue occurred. Missing limits can bar a claim unless exceptions apply.
How much do Exeter employment lawyers charge?
Costs vary by case complexity and billing method (hourly rates, fixed fees, or capped fees). Request a written fee estimate before instructing a solicitor or counsel.
What does TUPE mean for my job?
TUPE protects terms of employment when a business transfers ownership. Employees retain their existing terms, with protections against loss of rights or unfair changes.
How long does a dismissal case usually take?
Tribunal cases can take several months to over a year, depending on complexity, evidence, and court availability. Early conciliation can help resolve some disputes faster.
Additional Resources
- ACAS - Offers free guidance on disciplinary and grievance procedures, early conciliation services, and workplace mediation.
- GOV.UK: Unfair Dismissal - Official information about unfair dismissal rights, procedures, and remedies.
- GOV.UK: Equality Act - Details on discrimination protections and how they apply in employment.
- GOV.UK: TUPE Regulations 2006 - Guidance on transferring employees in business transfers.
- Citizens Advice - Practical guidance on rights at work and how to handle disputes.
Next Steps
- Define your objective - Clearly identify whether your goal is to stop a capability process, challenge a dismissal, or negotiate a settlement. Set specific outcomes and timelines within 1 week.
- Gather documents and evidence - Collect the contract, payslips, written statements, emails, appraisals, HR policies, and any disciplinary notes. Do this within 1-2 weeks.
- Find a suitable employment lawyer or solicitor in Exeter - Look for a specialist with experience in unfair dismissal, discrimination, or TUPE matters. Request a written fee estimate and typical case scope within 2 weeks.
- Schedule initial consultations - Meet with at least 2-3 legal counsel to compare approach, costs, and expected timelines. Plan for 2-4 weeks to arrange.
- Obtain a cost plan and likely outcomes - Ask for fixed fees or capped costs, and discuss potential outcomes and risks. Expect a 1-2 page written outline after consultations.
- Consider early conciliation with ACAS - If you intend to pursue a claim, contact ACAS to start Early Conciliation before filing with the Employment Tribunal. Do this promptly to avoid delays.
- Decide on next steps - Based on legal advice, decide whether to proceed to negotiations, formal tribunal, or alternative dispute resolution. Plan a realistic timeline, typically 6-12 months for receipt of a tribunal decision.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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