Best Hiring & Firing Lawyers in Gateshead

About Hiring & Firing Law in Gateshead, United Kingdom

Employment law in Gateshead follows United Kingdom legislation that governs how employers recruit, manage and dismiss staff. While the legal framework is UK-wide, local employers and employees in Gateshead will engage with regional institutions and services, such as local Citizens Advice bureaux, trade unions and nearby Employment Tribunal hearing centres in the North East. Key rules cover fair recruitment, written terms of employment, workplace discrimination, sick pay and family leave, redundancy procedures and the legal grounds and processes for dismissal.

Why You May Need a Lawyer

Employment disputes can be emotionally and financially stressful and often hinge on detailed legal rules and very tight deadlines. You may want a lawyer if you are facing or managing:

- Dismissal disputes, including alleged unfair dismissal, wrongful dismissal and constructive dismissal.

- Redundancy or collective redundancy situations where consultation and selection procedures are contested.

- Allegations of discrimination, harassment or victimisation under the Equality Act 2010.

- Whistleblowing claims where protection from dismissal or detriment is claimed.

- TUPE issues when a business or part of a business is transferred and employee rights are affected.

- Negotiation or review of settlement agreements, including ensuring independent legal advice is provided where required.

- Complex disciplinary or grievance procedures where representation, procedure challenges or tribunal preparation are needed.

Local Laws Overview

Employment rights in Gateshead are founded on UK statutes, regulations and case law. Important legal points to know are:

- Employment status and contracts: Workers, employees and self-employed people have different rights. Employers must provide written particulars of employment terms and conditions and comply with contractual obligations.

- Unfair dismissal: Employees with qualifying service can bring claims to an Employment Tribunal for unfair dismissal if the employer has not acted fairly or reasonably. There are exceptions and qualifying service requirements for some claims.

- Wrongful dismissal and breach of contract: These are civil law claims for breach of the contractual notice provisions or other express contract terms. Such claims can be brought in civil courts and have different remedies and time limits to tribunal claims.

- Redundancy: Employers must follow a fair selection process, consult employees and consider alternatives to redundancy. Statutory redundancy pay applies to those with sufficient service.

- Discrimination: The Equality Act 2010 protects employees, job applicants and others from unfair treatment related to protected characteristics such as age, disability, race, sex, religion or belief, sexual orientation and pregnancy and maternity.

- TUPE: On a transfer of a business or part of a business, employees usually transfer with their existing terms and continuity of employment. Employers and transferees have obligations to inform and consult affected employees.

- Working time, holiday pay and pay rights: The Working Time Regulations and National Minimum Wage rules apply; employers must keep accurate records and provide statutory minimums such as holiday pay and statutory sick pay where applicable.

- ACAS early conciliation: Before bringing many Employment Tribunal claims, you must notify ACAS and attempt early conciliation. This is a mandatory step and you will receive a certificate that you need before issuing a claim.

Frequently Asked Questions

What is unfair dismissal and how do I know if I have a claim?

Unfair dismissal happens when an employee with the required qualifying service is dismissed and the employer cannot show a fair reason for the dismissal or did not follow a fair procedure. Fair reasons include conduct, capability, redundancy, statutory illegality and some other substantial reasons. Whether you have a claim depends on your length of service, the reason given by the employer and the fairness of the process followed.

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

Time limits are strict. For many claims, including unfair dismissal and discrimination relating to termination, you generally have three months less one day from the effective date of termination. For some other discriminatory acts or continuous acts, different limits apply. You must also complete ACAS early conciliation before submitting a tribunal claim.

What is the difference between wrongful dismissal and unfair dismissal?

Wrongful dismissal is a breach of contract claim, usually for failure to give proper notice or breach of express contractual terms. It is brought in civil courts. Unfair dismissal is a statutory claim to an Employment Tribunal about whether the employer acted fairly in dismissing an employee. Both claims can arise from the same dismissal, but they have different legal tests, remedies and time limits.

Do I need to get independent legal advice to sign a settlement agreement?

Yes. Settlement agreements require that the employee has received independent legal advice about the terms and the effect of the agreement. Employers commonly pay the legal costs of that advice. A properly advised and signed settlement agreement can prevent future tribunal claims against the employer for matters covered by the agreement.

What should I do if I believe I have been discriminated against at work?

Raise a formal grievance with your employer following their grievance policy, keep clear records of incidents, seek advice from Citizens Advice or a trade union, and consider obtaining legal advice. If conciliation and internal procedures do not resolve the issue, you may need to start ACAS early conciliation before lodging a tribunal claim.

How does redundancy work and am I entitled to redundancy pay?

If your role is redundant because the employer needs fewer employees to do the work, the employer must follow a fair selection process, consult with affected employees and consider alternative employment. You may be entitled to statutory redundancy pay if you have a minimum period of continuous service - if so, the amount is based on age, length of service and weekly pay subject to statutory limits.

What is TUPE and when does it apply?

TUPE - the Transfer of Undertakings (Protection of Employment) Regulations - applies when a business or part of a business is transferred to a new employer or when a contract for services is outsourced or brought back in-house. TUPE usually transfers employees on their existing terms and preserves continuity of employment. It also imposes information and consultation duties on the outgoing and incoming employers.

Can I bring a whistleblowing claim and what protections exist?

Workers who blow the whistle about certain wrongdoing are protected from dismissal or detrimental treatment if the disclosure is in the public interest and falls within defined categories of protected disclosure. If you believe you have been subjected to detriment or dismissal for making a protected disclosure, you should seek advice promptly since strict time limits apply for claims.

Will I get compensation if I win a tribunal claim?

Compensation depends on the type of claim and the losses suffered. Unfair dismissal can lead to a basic award and a compensatory award for lost earnings and other losses. Discrimination claims can include compensation for financial loss and injury to feelings. Some limits and caps apply to certain awards, and remedies are assessed case by case.

Can I resign and claim constructive dismissal?

Constructive dismissal occurs when an employee resigns in response to a fundamental breach of contract by the employer and treats themselves as dismissed. It is a high threshold - the breach must be serious and the employee must resign promptly in response. You should seek legal advice before resigning, as resignation without clear legal grounds can affect your claim.

Additional Resources

There are several organisations and bodies that provide guidance, conciliation and support for employment matters:

- ACAS - offers free information and runs the mandatory early conciliation process for tribunal claims.

- Citizens Advice - provides free practical guidance and local advice on employment rights.

- Equality and Human Rights Commission - guidance on discrimination and equality law.

- The Law Society and local solicitors specialising in employment law - for finding regulated legal representatives.

- Trade unions - representation and advice for union members in workplace disputes.

- Local law centres and pro bono clinics - may assist people with limited means.

- Government publications and guidance on employment rights, pay, working time and redundancy - official guidance explains statutory entitlements and procedures.

Next Steps

If you are facing a hiring or firing issue in Gateshead, consider the following practical steps:

- Act promptly - many remedies have strict time limits. Note the effective date of any dismissal or the date of the last discriminatory act.

- Preserve and gather evidence - contracts, written terms, payslips, emails, disciplinary notices, meeting notes and witness details.

- Follow internal procedures - raise formal grievances where appropriate and keep records of all communications.

- Contact ACAS to start early conciliation if you are considering an Employment Tribunal claim - this is a mandatory step before lodging many types of claims.

- Seek legal advice - contact a solicitor who specialises in employment law to review your case, explain your options including settlement agreements and likely outcomes, and help with negotiations or tribunal preparation.

- Consider cost and funding - ask about fee arrangements, conditional fee agreements, or legal expenses insurance and check for free advice from Citizens Advice, trade unions or law centres.

- Do not resign without advice if you think you may have a constructive dismissal claim - resigning can affect your position and time limits for claims.

Taking these steps will help protect your rights and improve your chances of achieving a satisfactory outcome in a hiring or firing dispute in Gateshead.