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The Many Benefits Of Seeking Advice From An Employment Lawyer
No single person can be an expert in all areas of law as it is vast and complex. For this reason, most lawyers will specialise in only one or maybe 2 areas so that they can provide their clients with the best service and legal advice possible. For instance, a corporate lawyer is not likely to be representing someone in court for a crime such as theft.
Lawyers will also tend to be specialists in only their own country's law.
An employment lawyer specialises in all areas of law that cover the rights of employees and the responsibilities of employers. Some lawyers will choose to specialise even further and only offer their services to either employees or employers but many will be happy to represent both employees and employers. They play a crucial role in safeguarding the rights of employers and employees.
Here are some reasons why an employee might need an employment law solicitor
The number of reasons an employee might need an employment lawyer are many but we will discuss a few. The reasons range ...
... from you not being happy with a new work contract to being unfairly dismissed. You might need advice about your rights to flexible or part-time working or maybe you feel you have been discriminated against due to your age or sex. All these are common reasons for contacting a specialist employment lawyer.
1. Understanding Employment Contracts
An employment law solicitor can help you comprehend your employment contract and ensure that it is fair and within the law. Whether you are reviewing a new contract or dealing with changes to your existing one, legal advice can be invaluable.
2. Rights & Entitlements
If your employer disregards your rights or entitlements, an employment lawyer can guide you. Whether it's issues related to pay, working hours, or leave, legal expertise ensures you’re treated fairly.
3. Harassment & Discrimination
Employment laws are in place to protect all workers so if you have experienced workplace harassment or discrimination due to any factors including age, sex or ethinicity, an employment lawyer can help you address these issues in the most appropriate way.
4. Unfair Dismissal
Being unfairly dismissed can be distressing. An employment lawyer can assess your situation and determine if you have a case. A dismissal can only be fair if it is for one of the “potentially fair” reasons, which include conduct, capability and redundancy.
Unfair dismissal is one of the most common types of claim made in the Employment Tribunal.
A good, reputable employment lawyer is likely to offer you an initial free consultation or chat to find out about your issue and to let you know if it is something they can help you with. They may be able to advise you quickly if it is worth pursuing or if you do have any legal rights in the matter. At this stage, you will also be able to find out how much it will cost you.
So don't let work get you down. The law in Scotland does support the worker's rights and a specialist lawyer will be able to help you.
Why employers benefit from having an employment lawyer
The most common reason for an employer to contract an employment lawyer is to write up a legally binding employment contract for their employees. However, they may also need expert legal advice if they need to make their staff redundant, or if they need to sack an employee for misconduct. Taking advice from an expert about how matters such as employment contracts, disciplinary and grievance procedures, equal opportunities, restructuring, and retirement should be approached, will result in benefits to their business in the long run. It can save money in the long run too as the last thing a company needs, is to be taken to an employment tribunal by a disgruntled employee. If they have followed all legal advice, they should have nothing to worry about.
An employment lawyer can also help a company write appropriate, legal policies that their employees have to follow. This can be about using the internet and the work email system, it could be a policy on equal opportunities or maybe a policy on taking holidays.
As you can see an employment lawyer is not just useful for horrible times like being made redundant or unfair dismissal cases but can advise you on your legal rights for positive changes like going on maternity leave or taking early retirement.
We do advise that you speak to a specialist employment law solicitor who is recommended and has great reviews. Be wary, if they ask for payment up-front just to meet them. Choose a lawyer that you feel comfortable speaking to and someone who explains legal terms clearly to you. You are the client and you should be paying for a great service.
Duncan is an employment law solicitor at ELP Arbuthnott McClanachan, Solicitors Edinburgh.
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