Best Hiring & Firing Lawyers in Havant

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Glanvilles Solicitors - Havant
Havant, United Kingdom

90 people in their team
English
Glanvilles Solicitors - Havant is part of Glanvilles LLP, a long established full service law firm delivering legal services to individuals and businesses from offices across the South Coast, including Havant, Fareham, Chichester and Petworth. The Havant team handles matters across family,...
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1. About Hiring & Firing Law in Havant, United Kingdom

In Havant, as in the rest of the United Kingdom, employment relationships are shaped by statute, case law, and official guidance. The framework covers recruitment, terms of employment, disciplinary procedures, dismissal, redundancy, and grievance handling. Key protections include fairness in dismissal, anti-discrimination rules, and rights to notice and pay in certain circumstances.

Local practice mirrors national standards, but Havant employers must also consider industry norms and any local codes of conduct. Employers and employees alike benefit from understanding the statutory baseline along with practical guidance from consulting solicitors or legal counsel. The aim is to resolve disputes fairly and efficiently, with attention to timelines and documented procedures.

Statutory protections and practical steps matter in Havant workplaces from retail stores to manufacturing sites and professional services firms. For clarity on eligibility, procedures, and remedies, consult a solicitor or official guidance early in a dispute. See government and advisory resources linked below for authoritative details.

What the law typically requires is fair treatment in disciplinary and dismissal processes, with careful records and clear communication. Source: GOV.UK guidance on unfair dismissal and disciplinary procedures.

Related references and guidance are available from government and official organizations to help Havant residents navigate local employment issues. See the Additional Resources section for direct links to authoritative sources.

2. Why You May Need a Lawyer

  • Disciplinary dismissal with questionable grounds - A Havant employee is dismissed after a short sickness absence window, but the employer fails to follow a fair disciplinary process. A solicitor can assess whether the steps complied with ACAS guidance and the Employment Rights Act 1996.
  • Construction of a redundancy without proper consultation - A local Havant business announces large-scale redundancy with insufficient consultation or severance terms. An attorney can review notice periods, redundancy pay, and consultation timelines under UK law.
  • Discrimination claim related to protected characteristics - An employee in a Havant shop or office experiences discharge or adverse treatment due to age, pregnancy, disability, or another protected characteristic under the Equality Act 2010. Representation helps to determine merits and remedies.
  • Constructive dismissal concerns - An employee alleges that consistent unreasonable changes in duties or working conditions effectively forced resignation. A solicitor can assess whether the employer breached the contract and whether constructive dismissal is proven.
  • Redundancy and TUPE outcomes during a business sale - A Havant firm undergoes a sale, and employees fear job losses or changes to terms. A lawyer can advise on TUPE protections and eligibility for the new employer to honour existing contracts.
  • Wrongful dismissal or breach of notice - An employee or employer disputes the length of notice or the manner of dismissal, including pay in lieu of notice. Legal counsel can interpret contract terms and statutory requirements.
  • Settlement agreements and severance negotiations - In Havant, reaching a fair settlement requires careful drafting to avoid future claims, including confidentiality and reference terms. A solicitor helps negotiate and document these terms properly.

3. Local Laws Overview

Two to three key laws and regulations govern Hiring & Firing in Havant and across the UK. Understanding their scope and timelines helps residents and businesses plan and respond appropriately.

  • Employment Rights Act 1996 - Governs dismissal procedures, notice rights, and remedies for employees. The act remains the central framework for unfair dismissal claims and related entitlements across Havant. Key sections outline what constitutes a fair dismissal and the process for challenging it. Source: GOV.UK
  • Equality Act 2010 - Prohibits discrimination in employment on protected characteristics such as age, gender, race, disability, religion, and pregnancy. The act applies to recruitment, promotion, pay, and dismissal decisions. Effective from 1 October 2010 in the UK. Source: GOV.UK
  • TUPE Regulations 2006 (as amended) - Protect employees' terms and continuity of employment when a business or service transfers to a new employer. This is especially relevant in Havant for local contract transfers or acquisitions. Source: GOV.UK
  • Agency Workers Regulations 2010 - Ensure parity of treatment for flexible and agency workers, including pay and conditions comparable to permanent staff where applicable. Source: GOV.UK

Recent trends and changes - Employment tribunal fees were scrapped after a 2017 ruling, meaning employees in Havant may initiate claims without paying tribunal fees. See official guidance for current processes and costs. Source: GOV.UK

4. Frequently Asked Questions

What is unfair dismissal and when does it apply?

Unfair dismissal occurs when a lawful reason is not used or the proper procedure is not followed. It generally requires some period of service, with exceptions for automatic unfair dismissals. See GOV.UK for details on eligibility and procedures.

How long does it take to resolve a typical employment dispute?

Resolution timelines vary by complexity and venue. Small claims or straightforward disciplinary disputes may take a few months; more complex cases can extend beyond six months to a year or longer in tribunals. Consult a solicitor for a tailored timeline.

What is the 2-year service rule for unfair dismissal?

Most employees need at least 2 years of service to bring a standard unfair dismissal claim, with specific automatic unfair dismissal rights exempt from the threshold. See GOV.UK for the current rules and exceptions.

Do I need a lawyer to handle a redundancy process?

While not mandatory, a lawyer helps ensure proper consultation, fair selection criteria, and correct redundancy terms. This reduces the risk of later claims and clarifies rights for notice and pay.

What counts as a fair disciplinary procedure?

A fair procedure includes clear conduct rules, a proper investigation, an opportunity to respond, and a reasoned, documented decision. ACAS guidance outlines best practices for discipline and grievance handling.

Can I claim discrimination if I was dismissed for pregnancy?

Yes. Dismissal on grounds related to pregnancy or maternity is a protected characteristic violation under the Equality Act 2010. A lawyer can evaluate evidence and remedies, including reinstatement or compensation.

How much does it cost to hire a Hiring & Firing solicitor in Havant?

Costs vary by complexity and firm. Some solicitors offer fixed fees for straightforward matters, while others bill hourly. Ask for a written estimate and preferred billing method at an early stage.

What is TUPE and when does it apply in Havant?

Tupe applies when a business or service transfers to a new employer. It protects employees' terms and continuity of employment. Guidance is available to understand which rights carry forward and what changes may occur.

Where can I find official guidance on claims and tribunals?

Official guidance is available on GOV.UK and ACAS websites. These sources explain rights, procedures, and remedies for employees and employers in Havant. See the links in the Resources section for direct access.

Is there a difference between an attorney and a solicitor in the UK?

Yes. In the UK, the term solicitor is commonly used for lawyers who provide routine legal services and may represent clients in court, while barristers typically handle advocacy in higher courts. A solicitor can often manage end-to-end advisory work on hiring and firing matters.

Should I pursue formal mediation before tribunals in Havant?

Yes. ACAS mediation can resolve disputes without a tribunal. It is typically faster and less costly than court proceedings, and it helps preserve working relationships when possible.

5. Additional Resources

6. Next Steps

  1. Define the issue clearly - Write a timeline of events, documents, and communications related to the hiring or firing matter in Havant. Aim to be ready within 1 week.
  2. Collect evidence - Gather contracts, emails, notices, pay records, and witness statements relevant to the dispute. Organise by date and topic for easy review.
  3. Consult a local solicitor or legal counsel - Seek an initial consultation to assess merits and potential remedies. Many solicitors offer an initial review within 30 minutes to 1 hour.
  4. Request a formal opinion or letter of engagement - Obtain a clear assessment of options, costs, and likely timelines in Havant. Use a written engagement letter for clarity.
  5. Consider early resolution options - Explore ACAS mediation or settlement discussions to avoid a tribunal if possible. This can save time and costs.
  6. Decide on a strategy - Choose between negotiation, mediation, or tribunal action based on costs, likelihood of success, and desired outcome. Plan a realistic deadline for each path.
  7. Proceed with formal proceedings if needed - If negotiation fails, file the claim with the Employment Tribunal within the applicable time limits. Confirm submission deadlines with your solicitor.
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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. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.