Workplace Disputes for Employees

Herrington Carmichael is a full service law firm offering legal advice to UK and international businesses as well as individuals and families.
/
/
/
Workplace Disputes for Employees

Whether it is advice on raising a grievance, being involved in a disciplinary or capability process, long term sickness absence, performance improvement plan, adjustment to the workplace or working practices, warnings or even the termination of your employment, we can advise and support you throughout.

Our team of employment lawyers have significant experience in advising on workplace disputes and can provide you with practical and pragmatic advice to help and support you with resolving any dispute that you have with your employer.

If you are experiencing difficulties at work, raising a grievance may be the most effective way to address your concerns. We advise employees on workplace complaints relating to bullying, harassment, discrimination, management conduct, working conditions and other employment issues. We can help draft grievances, assess the strength of your concerns and guide you through the process from start to finish. Our aim is to ensure your concerns are presented clearly and considered fairly. Where appropriate, we can also advise on appeals, settlement discussions and potential legal claims arising from the issues you have raised.

Being subject to a disciplinary investigation or hearing can be stressful and have significant consequences for your career. We provide practical advice from the outset, helping you understand the allegations, prepare responses and navigate each stage of the process. We advise on misconduct, gross misconduct and procedural issues, ensuring your employer follows a fair process. Whether you require support before a hearing, assistance with an appeal or advice following a disciplinary outcome, we work to protect your rights and achieve the best possible result.

Employers often use Performance Improvement Plans to address concerns about an employee's performance. We advise employees who have been placed on a PIP, helping them understand what is expected and whether the process is being conducted fairly. We can assess whether objectives are realistic, whether adequate support is being provided and whether the process may be being used unfairly. If concerns arise regarding the legitimacy of the process or the risk of dismissal, we provide clear advice on your options and steps that can be taken to protect your position.

Where an employer alleges ongoing poor performance or capability concerns, it is important to understand your legal rights. We advise employees throughout capability procedures, including investigations, review meetings, warnings and dismissals. Our solicitors assess whether the process has been handled fairly and whether reasonable opportunities for improvement have been provided. We help employees challenge unfair decisions and, where appropriate, pursue appeals or Employment Tribunal claims.

Extended periods of sickness absence can create uncertainty about your employment and future role. We advise employees on their rights during sickness absence, including sick pay, occupational health referrals, workplace support and communication with employers. We help individuals understand their position, respond to concerns raised by employers and challenge unfair treatment where necessary.

Where workplace disputes cannot be resolved internally, legal action may be necessary. We represent employees bringing Employment Tribunal claims relating to unfair dismissal, discrimination, whistleblowing, unlawful deductions from wages and other employment-related disputes. We provide strategic advice from the earliest stages of a dispute through to final hearing or settlement. Our focus is on achieving practical, commercially sensible outcomes while providing clear and supportive guidance throughout the process.

Key contact

Alistair McArthur PNG
Alistair McArthur
Partner, Head of Employment

What our clients say about us

I want you to know that I have been so pleased to work with you on this. Despite me working with IR35 for many years in has been amazing to gain your insight and knowledge on this legislation and the reform. Your knowledge, advice and general 'chat throughs' have been so great for me. You are second to none on this and I couldn't thank you enough.

Matt is a truly brilliant lawyer. He has great expertise in employment matters, he is very responsive, but above all his advice is always pragmatic and very clearly explained. I have both worked with Matt and sought advice as a client from Matt and it has always been a pleasure. I would not hesitate to recommend him for employment law related matters

Matt is clear, straight talking, smart and practical. He really brings that value add that you go a long way to find. One of the very best employment lawyers out there.

Matt Jenkin is very responsive, highly knowledgeable and very commercial, one of the best employment lawyers you will find.

Darren Smith is an exceptional employment lawyer. His knowledge and professionalism goes without saying. Beyond this, he is pragmatic and able to take a commercial view on issues that require problem solving. He is very personable which makes him very easy to work with.

I am delighted to recommend Alistair and the employment team at Herrington Carmichael. As a business we have had a variety of complex employment related matters in recent times. Alistair and Robert are always able to provide advice and guidance on the legal considerations and commercial practicalities of the situations we are faced with.

I am always pleased with the support and assistance provided by Alistair and the employment team at Herrington Carmichael. I rely on Herrington Carmichael to be readily available to give advice relevant to our issue and our business.

Alistair is always on hand to give practical, commercial advice on the various employment queries we have. Support is always provided in an effective commercial manner and with a smile.

Alistair and his team at Herrington Carmichael continue to provide us with the highest level of support on the various employment law issues which have arisen. I would highly recommend them and the services that they provide.

Alistair is a bit of a star. He has the confidence to steer cases strategically without losing sight of the commercial sense over legal strengths. He is personable but also tenacious for his clients. He has great knowledge and experience in all employment matters. His instructions are always comprehensive. He is particularly brilliant in TUPE-related matters.

Knowledge of subject and the quality and detail of advice across the team is stellar. We always feel reassured in receiving their advice and confident that it is robust.
The employment team is really strong at Herrington Carmichael. They are all very experienced and are practical and commercial-minded too.

Insights

Get valuable insights from our articles.

Employee Non-Compete Agreement Document Being Handed Over for Signature in a Corporate Office
The Government has announced plans to reform non-compete clauses in employment contracts. Whilst there are no details, the direction is…
Employment tribunal documents, note pad and glasses.
A recent Employment Tribunal decision has provided a useful reminder of the limits of philosophical belief protection under the Equality…

Meet our experts

Dedicated professionals ready to assist you.

Alistair McArthur PNG
Partner, Head of Employment
Darren-Smith
Partner
Matt Jenkin PNG
Partner
Hannah King PNG
Legal Director
Alex-Harper-PNG
Senior Solicitor
Sam Gray PNG
Senior Solicitor
Tom-Hyatt-PNG
Senior Solicitor
Jo Boxhall PNG
Solicitor
Cassie Blackledge PNG
Solicitor
mellisa v2
Solicitor
mellisa v2
Solicitor
Maryam Nackvi PNG
Solicitor

Frequently Asked Questions

Find answers to your most pressing questions about our services and processes.

If you have a grievance or complaint to raise, you should raise this to your line manager or the HR Department in writing. Your employer may have a grievance policy which will provide details of who the grievance should be addressed to and how to raise concerns internally.  In some circumstances it may be appropriate to raise a complaint informally in the first instance.

Once your grievance has been raised, your employer should follow their grievance procedure. This will likely include appointing an impartial manager to chair the process, conduct an investigation into the grievance and reach a decision on the same.  If your employer does not have a process, they should as a bare minimum follow the ACAS Code of Practice.

Once a grievance has been investigated and any evidence considered, an employer will have to give an outcome on the findings.  It could be that it is decided that no further action is required or alternatively that a decision is made to uphold all or part of the grievance. If you are not content with the outcome, you will usually have the right to appeal the grievance outcome.

Yes, you are legally entitled to take a work colleague or a Trade Union Representative.

If you wish to take a family member instead, you can ask your employer if this would be permitted; however, it is not something that they are legally required to permit.

If you are disabled for the purposes of the Equality Act, it is possible that your employer will be required to allow you to take someone else as a reasonable adjustment.

Following a disciplinary process, your employer may find that you are guilty of misconduct. This could result in a first or final written warning being provided. However, if you have previously received a warning or have committed an act of gross misconduct, your employment may be terminated.

If you have been employed for more than two years, you will be entitled to appeal the decision. If you wish to do so, you should put your appeal in writing and send it to the HR department or the person named in the employer’s disciplinary policy.

On receipt of the appeal, the employer will need to investigate the findings and consider any further evidence. The result of this could be that your dismissal is overturned.

If you are dismissed following a disciplinary process and feel that the dismissal was substantively or procedurally unfair you may have potential claims in the employment tribunal. Our team of specialist employment lawyers will be able to advise and support you with bringing a claim in the Employment Tribunal.

A performance improvement plan “PIP” is commonly used to manage underperformance of an employee. A PIP should always be set out in writing and will ideally identify where you are underperforming, the level of improvement expected, the time frame for improvement and any assistance that will be provided.

It is possible to be dismissed for poor performance. However, prior to dismissal, your employer should have followed a detailed process and provided you with an opportunity to improve.

If the process is not genuine, for example, the employer fails to provide realistic targets, the allegations were unfounded or you were not provided with sufficient time in order to improve, it is likely that any such dismissal would be deemed to be an unfair dismissal.

There is not any legal requirement for you to attend an appointment with occupational health; however, there may be a clause in your contract of employment which requires you to cooperate with occupational health assessments. If you fail to consent/or attend, your employer may consider implementing disciplinary procedures on the grounds that you have failed to follow a reasonable management instruction.

Yes, it is possible for an employer to dismiss you whilst you are on sick leave. However, for it to be a fair dismissal, the Company will have had to follow a fair procedure to understand your illness, the effects that it has on your ability to work, whether any changes would assist and whether there is the possibility for you to return to work in the near future. If the procedure is not followed correctly, and you are considered to be disabled for the purposes of the Equality Act, you may be able to bring a claim for unfair dismissal and disability discrimination.