Hillingdon Solicitors

HILLINGDON EMPLOYMENT LAW SOLICITOR

What’s the distinction between an employee and contractor ?

Employees and contractors are treated differently by the law.  It can be, however, difficult to determine whether you are in fact an employee or a contractor and the courts will take into account the surrounding circumstances, the contract and what both parties intended when deciding on whether you can be properly called an employee or contractor.  Bear in mind that just because a contract might state you are a contractor, it doesn’t necessarily mean that this is the case.  The legal effect of the contract is what counts.  Factors that are particularly relevant to making a decision include who provides materials and tools required for the work, who is in control of the work, whether the work is being performed externally or on the premises, the length of the required work, what the position on expenses is and who is responsible for filing taxes.  Generally, a contractor will be responsible for their own work and affairs whilst an employer will exert some degree of control over an employee.

What are the legal requirements for making an unfair dismissal claim ?

To make a claim for unfair dismissal, you must work for the employer on a full or part time basis, you must have been continuously employed for a year or longer, you must be below the statutory retirement age (65) and you must not be a member of the armed forces, police or any other excluded category.

What exceptions are there to the requirement of being in continuous employment for one year or longer ?

In the majority of circumstances, it is expected that you will have been in continuous employment for one year or longer unless the dismissal is related to maternity pay or leave; if you refused to work on Sundays in either the retail or betting industry; the dismissal was connected to an assertion of statutory employment rights, following health and safety rules or whistle-blowing under the Public Interest Disclosure Act 1998.  Any dismissal connected to trade union membership, refusal to join a trade union or trade union activity can form the basis of an unfair dismissal claim too.

How long do I have to bring a claim for unfair dismissal ?

You have three months to start a claim following a dismissal or resignation (if making a claim for constructive unfair dismissal).  This is a strict requirement, so it is vital that you comply with it.

I am being treated poorly/unfairly at work and want to do something about it.  What should I do ?

Prior to bringing any formal legal claim, it is vital that you exhaust the organisation’s internal grievance procedures and give the organisation a chance to investigate the issue and resolve it.  If you have exhausted those procedures, you could resign and possibly claim constructive unfair dismissal, which arises where an employee is forced to resign because circumstances created by the employer have made it impossible for the employee to carry out his work.  However, such claims should not be taken lightly, so it is vital that you consult professional legal advisers before deciding whether to resign or not.

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