Lawyer Destroyer

Hello there. I am Gemma, your friendly legal assistant here at Lawyer Destroyer. I would be happy to help you understand where you stand with claiming compensation for workplace discrimination. The legal position: Under the Equality Act 2010, you have a clear right not to be discriminated against at work. However, the law says that … Read more

Hello there. I am Gemma, a friendly legal assistant at Lawyer Destroyer. I am so sorry to hear you are dealing with bullying or harassment at work. I know how stressful and upsetting that can be, but you do have clear rights and options to deal with this in England and Wales. The legal position: … Read more

This is one of the most important questions in employment law because missing the time limit can be fatal to your claim. The general time limit: For most employment tribunal claims, the time limit is three months less one day from the date of the act complained of. For example, if you were dismissed on … Read more

Yes, you can make a claim, and the route depends on what you are owed and the type of insolvency process your employer has entered. Your main protection comes from the Employment Rights Act 1996, which provides a statutory guarantee for certain payments when an employer becomes insolvent. The scheme is administered by the Redundancy … Read more

This is a really important question and one that catches a lot of people out. The short answer is that TUPE provides strong protections against changes to your terms and conditions, but those protections are not absolute. Legal framework: The Transfer of Undertakings (Protection of Employment) Regulations 2006, as amended in 2014, govern this area. … Read more

This is one of the most important areas of employment law and it comes up very frequently. The short answer is that your job is protected by law in most cases where a business or part of a business is transferred to a new owner. The key legal framework: The Transfer of Undertakings (Protection of … Read more

This is a question that comes up very often, and the short answer is yes, it is legally possible to be made redundant while on sick leave or maternity leave, but there are important protections in place that significantly affect how an employer can go about it. Redundancy while on sick leave: There is no … Read more

This is a really common question and the answer depends heavily on the timing, the role, and the circumstances. Here is the legal position and the practical reality. Legal position: Redundancy arises when the employer's need for employees to carry out work of a particular kind has ceased or diminished, or is expected to do … Read more

This is a question that comes up very often, and the answer depends on exactly what you mean by "appeal" and on the specific circumstances of your redundancy. Legal position: There is no general statutory right to appeal against a redundancy dismissal in the way that there is, for example, a right to appeal against … Read more

This is a really important question, and the short answer is: generally no, but the detail depends on the circumstances, particularly how many employees are being made redundant and how long you have been employed. Legal position: Redundancy is a potentially fair reason for dismissal under section 98 of the Employment Rights Act 1996, but … Read more

Statutory redundancy pay in England and Wales depends on three things: your age during each year of service, your weekly pay, and how long you have been continuously employed. Eligibility: You must have at least two years of continuous service with your employer to qualify for statutory redundancy pay. How it is calculated: For each … Read more

This is a really important question and the short answer is no, your employer cannot lawfully select you for redundancy in an unfair way. However, whether a particular selection is "unfair" depends on the circumstances, so it is worth understanding what the law requires and where things commonly go wrong. The legal framework: In England … Read more

This is a really important question and one that comes up frequently. The short answer is: if your job still exists and is still being done by someone else, then what has happened to you is very unlikely to be a genuine redundancy. That matters because it could mean any dismissal is unfair. Legal position: … Read more

This is a common concern and the answer is nuanced. In short, yes, your employer can monitor your emails, calls, and computer use in many circumstances, but there are important legal limits on how and when they can do so. Legal framework: The main laws governing workplace monitoring in England and Wales are the UK … Read more

Yes, you have the right to do this. It is known as a subject access request, or SAR, and it is one of the most important rights available to individuals under data protection law. Legal basis: The right is set out in Article 15 of the UK General Data Protection Regulation (UK GDPR), retained in … Read more