Employment

How to claim a Breach of Employment Rights

employment rights

A Step-by-Step Guide for Dealing with a Breach of Employment Rights

As an employee, it is essential to understand your rights and take action when they are violated in the workplace. Facing a breach of your rights can be overwhelming, but you don’t have to navigate it alone. However,   with the expert guidance of Gordon and Thompson Solicitors, you can navigate the process effectively and assert your rights. In this step-by-step guide, we will outline the key steps to take when faced with a breach of your employment rights, ensuring that you have the support and expertise of our dedicated team every step of the way.

Step 1: Identify the Breach: Recognize and clearly identify the specific employment rights that have been breached. This may include instances of discrimination, harassment, wrongful dismissal, denial of benefits, or other unlawful actions by your employer. Understanding the nature of the breach is crucial in determining the appropriate legal action to take.

Step 2: Consult with Gordon and Thompson Solicitors: Seek immediate legal advice from our experienced employment law solicitors. We will evaluate your case, review any available evidence, and provide you with tailored advice on the strength of your claim and the available legal options. Our expertise will ensure that you are well-informed and equipped to protect your rights effectively.

Step 3: Gather and Preserve Evidence: Collect and preserve any evidence relevant to the breach of your employment rights. This may include emails, memos, employment contracts, witness statements, performance reviews, or any other supporting documentation. The evidence will be crucial in building a strong case and presenting a compelling argument for your rights.

Step 4: Explore Internal Resolution: We will guide you through the process of engaging in internal resolution mechanisms within your workplace. This may involve reporting the breach to your employer, following your company’s grievance procedure, or participating in any relevant investigations. We will provide expert advice on navigating these procedures and ensure that your rights are protected throughout.

Step 5: Negotiation and Mediation: If appropriate, we will explore negotiation and mediation as alternative dispute resolution methods. Our skilled negotiators will engage with your employer or their representatives to seek a fair and mutually satisfactory resolution. Mediation can often provide a faster and less adversarial route to resolving disputes, allowing you to maintain control over the outcome.

Step 6: Pursue Legal Action: If internal resolution or alternative dispute resolution methods are unsuccessful or unsatisfactory, we will guide you through the process of pursuing legal action. This may involve preparing and filing a claim with an employment tribunal or civil court. Our expert solicitors will handle all aspects of your case, including gathering additional evidence, building a robust legal argument, and representing your best interests throughout the litigation process.

Experiencing a breach of your rights in the workplace can be distressing, but taking action is vital to protect yourself and others. By recognizing the breach, gathering evidence, consulting with Gordon and Thompson Solicitors, exploring internal resolution options, pursuing mediation or alternative dispute resolution, and considering legal action if necessary, you can assert your rights and seek appropriate remedies. Our dedicated team is here to provide the expertise, guidance, and support you need to navigate these challenging situations and ensure your rights are protected. 

 Schedule a consultation with us to discuss your case in detail. We are based in Plumstead, Gillingham, Maidstone and Coventry. 

Read more information about a step-by-step guide

Read the Acas mediation.

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