HR solutions for employees

Three months less one day (from the date of the incident/resignation/ event). However, even though the employment tribunal has a time limit of three months minus one day, there could still be potential to raise a contractual dispute through the usual Courts depending on the nature of the dispute.

Where representation at the tribunal is required, we will refer you to a trusted barrister or employment solicitor.

An employment contract should be issued in writing (details of what is required and when) but even if you do not have it in writing a contract still exists and may be based on implied terms, custom and practice or what has been stated verbally. An offer of employment can be made and accepted verbally.

Some key aspects that should be contained in an employment contract include start date, job title and the nature and description of the job, duration, remuneration, place of work, among other features which we will be happy to advise you if you are in any doubt. It is important that the terms are not too wide as they may not be binding.

The short answer is yes, you can be dismissed for being off sick but this is a complex area and situation specific. You can be dismissed for unacceptable levels of sickness or for being off on long-term sick leave. Your company will have a policy which you will need to refer to and that they must follow and may take into account factors such as the length or frequency of sickness, whether reasonable adjustments are possible, and the likelihood of you returning to work successfully.

An employer may make a claim against you for breach of contract if you are no longer employed by them and you breach specific terms of your contract. There are sometimes restrictive covenants in your employment contract and if you are concerned about these, we can provide advice.

A settlement agreement (formerly known as a ‘compromise agreement’) is a legally binding document which is agreed between an employee and employer that waives all claims amounting from employment rights and the employee receives a payment. It is way of terminating employment where both parties agree to the terms of termination and may include such things as an agreed reference, confidential clause or financial terms.

Generally, claims can be made against an employer where an employee has two years of qualifying service. However, this is not always the case. For example, where such cases relate to discrimination as it is connected to a protected characteristic, an employee has grounds to make a claim against their employer regardless of length of service.

The Equality Act 2010 protects everyone from discrimination, victimisation, and harassment. The 2010 Act sets out protected characteristics as being: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.