Employment Law

If you are an Employer or an Employee, we at Fleming & Barrett, Solicitors can help you.

EMPLOYER

Are you aware, that you must provide somebody with a written Contract of Employment once you have employed them.?

Have you done so? If you have not we can provide you with a Contract of Employment that will cover your legal obligations in that regard.

Are you aware that if somebody is bullied or harassed at work [either sexually or otherwise] you are responsible.

Are you aware that if someone is working for you longer than one year and you fire them, then they can bring a claim against you in the unfair dismissal tribunal and the onus is on you to justify the dismissal. We can provide you with a system firstly to avoid such a claim being made against you and if a claim has been made to advise you on the backup necessary to defend it.

EMPLOYEE

Employment Law has expanded rapidly over the last twenty years and now remedies are provided for most grievances to do with your Employment. We at Fleming & Barrett have brought cases on behalf of Employees before the Rights Commissioner, the Employment Appeals Tribunal. The Employment Equality Tribunal and the Circuit Court where they have been wronged by their Employers.

We have recovered substantial damages for them in these circumstances and are currently actively involved in a number of large cases for Employees who have been badly treated.

If you have any questions about your Employment please feel free to make contact with us and we will try to answer them clearly for you.

Have You recently started a new job, been in employment for some time or recently been fired?

All these matters have legal implications which we in Fleming & Barrett can help you with.

If you have started a new job, have you been given written terms and conditions of your employment? You are entitled to these and it is an offence for an employer not to give them to you either at the start of your new job or very soon afterwards.

If you are already in employment for some time, again you are entitled to have a written note of the terms and conditions of your employment simply by asking for them.

If you have recently been fired, did this involve an unfair dismissal. Remember the onus is on the employer and not on you in an unfair dismissals case so that the employer must justify the dismissal.

In most instances you must have been employed for a period of twelve months to bring an unfair dismissals case against your employer but in certain instances, this limitation does not apply.

There is however a very short time limit within which you have to start such a case i.e. six months from the date of your dismissal. If you do not bring your claim before the Employment Appeals Tribunal within the six months period in question then in most instances your claim is statute barred. The Tribunal have the power in certain circumstances to extend the period by a further six months but to be absolutely certain that your claim will be heard by the Tribunal, a claim must be instituted against the employer within six months of the date of dismissal.

Are you being bullied at work or harassed at work? If you are you have a right of action against your employer.

We have brought cases before the Rights Commissioner, the Employment Appeals Tribunal and the Employment Equality Tribunal for employees who have been unfairly treated and have won substantial damages for them.

We can help you as an employer to put systems in place to avoid the costly trauma of having to deal with a claim by one of your existing or former employees against all of the above matters.

For further information please contact: us at 023-8844211 or e-mail:

Eamonn Fleming

efleming@bandonsolicitors.com