Employment Law

Cunningtons LLP: Specialists in Employment Law

Whatever employment law challenges you are facing, Cunningtons Solicitors are equipped to assist you, whether you are an employer or an employee.

We offer a range of advice, from simple initial consultations up to full representation at the  Employment Tribunal. Therefore whether you are a business or an individual, our team has the requisite knowledge, skills and resources to guide you through the complexities of employment law regulations to help you avoid expensive, stressful and time-consuming disputes.

We can offer employees and employers the following services:

  • Advice in respect of unfair dismissal, constructive dismissal and wrongful dismissal claims.
  • Advice in respect of redundancy and settlement agreements.
  • Advice in respect of transfers of undertakings, known as Transfer of Undertakings Protection of Employment (TUPE).
  • Advice in respect of maternity and paternity rights.
  • Advice in respect of all types of discrimination and harassment claims.
  • Advice in respect of restraint of trade and confidentiality claims.
  • Assistance in drafting breach of contract and contractual disputes.
  • Advice and assistance in respect of Employment tribunal claims.
  • Assistance in drafting contracts, staff handbooks and staff policies and procedures.

Our team is available for appointments Monday to Friday. It is also often possible to arrange early bird, lunchtime, weekend or out-of-hours appointments by prior arrangement.

Please contact our team on 01376 326868 or by email to mark.taylor@cunningtons.co.uk

Our Locations

Braintree - 01376 567275

Cunningtons LLP in Great Square and Tofts Walk in Braintree, Essex, is the head office for Cunningtons Solicitors across the UK. Established in 1748, the Braintree head office in Great Square is still in its original offices. This amounts to almost 300 years of Experience and Tradition.

The Senior Partner at Cunningtons’ Braintree office is David Drake. Paul Fenton is the Joint Managing Partner. He, along with Johanna Withams are the residential conveyancing partners at the Braintree practice. They are supported by qualified Solicitors and Licenced Conveyancers.

Read More

Braintree Walk In
Brighton & Hove: 01273 725229
Chelmsford: 01245 264494
Croydon: 0208 688 8446
Ilford: 020 8553 0002
Solihull: 0121 7056868
Wickford: 01268 732268

Employment Law

Employment law can be complex and daunting for both employers and employees. Whatever challenges you are facing, Cunningtons Solicitors are equipped to assist you, with a range of advice, from simple initial consultations up to full representation at an Employment Tribunal. Select any of the options below for more information.

Unfair Dismissal

When does a Dismissal become ‘Unfair’?

It is possible for an employer to dismiss fairly for these five reasons:-

  1. Conduct;
  2. Capability (which can include poor performance and ill health);
  3. Redundancy;
  4. Breach of statutory requirement; or
  5. Some other substantial reason.

If the employer can show that the dismissal was for one of those reasons, an employment tribunal will consider whether the employer has followed a fair procedure, and whether it was reasonable for the employer to dismiss for one of those reasons, taking into account all the circumstances including the size and administrative resources of the business.

However, employers are usually given a certain latitude, and tribunals recognise that there will be a range of reasonable responses to a given set of circumstances.

Nonetheless, there are some circumstances in which a dismissal will be automatically unfair.

For example, it would count as unfair dismissal if a woman is dismissed because her employer has learned that she is pregnant. In this example, if the tribunal decides that this was the reason for your dismissal, it will make a finding of unfair dismissal and would not need to consider the reasonableness or otherwise of the employer’s decision or the fairness of the procedure.

If the employer can show that the dismissal was for one of those reasons, an employment tribunal will consider whether the employer has followed a fair procedure, and whether it was reasonable for the employer to dismiss for one of those reasons, taking into account all the circumstances including the size and administrative resources of the business.

However, employers are usually given a certain latitude, and tribunals recognise that there will be a range of reasonable responses to a given set of circumstances.

Nonetheless, there are some circumstances in which a dismissal will be automatically unfair.

For example, it would count as unfair dismissal if a woman is dismissed because her employer has learned that she is pregnant. In this example, if the tribunal decides that this was the reason for your dismissal, it will make a finding of unfair dismissal and would not need to consider the reasonableness or otherwise of the employer’s decision or the fairness of the procedure.

What does a successful claim for Unfair Dismissal entitle a claimant to?  

Successful claims obviously lead to compensation payments. If an employee is successful, then they will be entitled to a basic award, which is calculated on the basis of their age, salary and length of service.

In addition, the tribunal has a discretion to award compensation for any financial loss following from the dismissal. This element has a maximum cap, however: it includes loss of earnings, loss of any benefits (such as pension and/or healthcare) as well as any expenses incurred in seeking new employment (such as train fares).

The employee may also be able to claim continuing losses if they are unable to find a new job at a comparable salary and/or with comparable benefits.

Our team is available for appointments Monday to Friday. It is also often possible to arrange early bird, lunchtime, weekend or out-of-hours appointments by prior arrangement.

Please contact our team on 01376 326868 or by email to mark.taylor@cunningtons.co.uk

Constructive Dismissal
Wrongful Dismissal
Redundancy
Settlement Agreements
TUPE
Maternity & Paternity Rights
Discrimination & Harassment
Restrictive Covenants
Employment Tribunals
Employment Contracts & Staff Handbooks

Don't Take Our Word For It....Read What Our Clients Say

Mr W, London

I would like to say thanks for all your work in getting the 2 flats I purchased through Cunningtons to completion prior to the end of March (after March I would have of course incurred significant costs in the shape of stamp duty on the buy to let purchases).  In what was not the most straight forward case and with numerous issues raised by the lender, your prompt response and advice ensured the transactions still went through and I thank you sincerely for your efforts. 

Particularly with the second purchase being instructed by me with only about 1 month to go before the end of March, it was a very quick turn-around to get that, indeed both, transactions completed in such quick and efficient time.

I have used Cunningtons for almost 15 years, and I would certainly be happy to do so again, including recommending yourself and Cunningtons to friends and family.

Mr W, London April 2016