We spend a large proportion of our lives at work, and it stands to reason we are going to want this time to be pleasant and smooth running.
The employment solicitors at Pickering & Butters provide clear, practical legal advice on all aspects of workplace law. Based in Stafford and Rugeley, we advise both employees and employers across Staffordshire, and because we act for both sides, we bring an invaluable understanding of every perspective to your case. Whether you are facing unfair dismissal, navigating a redundancy, negotiating a settlement agreement, or dealing with workplace discrimination, our experienced employment law team is here to help.
Contact our Employment Law Solicitors Today
Our friendly, dedicated team is waiting to help, so please don’t hesitate to get in touch to discuss your situation.
For tailored legal advice on any employment law matter, please get in touch with our Staffordshire solicitors in Stafford and Rugeley. Call Stafford on 01785 603060 or Rugeley on 01889 803080 for a free inital enquiry.
What Does an Employment Solicitor Do?
An employment solicitor advises individuals and businesses on legal matters arising from the workplace. This covers everything from drafting employment contracts and advising on redundancy procedures to representing clients at the Employment Tribunal. At Pickering & Butters, our employment law team handles disputes and advisory work for both employees facing problems at work and employers who need to manage their workforce within the law.
Unlike general practice solicitors, specialist employment lawyers understand the nuances of tribunal procedure, the ACAS early conciliation process, and the strict time limits that apply to employment claims. Missing a deadline, particularly the three-month less one day limit for most tribunal claims, can mean losing your right to bring a claim entirely.
Employment Law Services for Employees
If you are an employee facing a problem at work, our solicitors can advise you on your rights and the best course of action. We handle the following matters for employees across Staffordshire:
Unfair Dismissal
Unfair dismissal occurs when an employer terminates your employment without a fair reason or without following a fair procedure. You may have been dismissed for raising a grievance, for whistleblowing, or without any proper explanation. If you have two or more years’ continuous service (or one year for dismissals before April 2012), you have the right not to be unfairly dismissed. Our solicitors will assess whether your dismissal was lawful and advise on your options, including Employment Tribunal proceedings if appropriate.
Constructive Dismissal
Constructive dismissal arises when you are forced to resign because your employer’s conduct has made your position untenable. This might involve a fundamental breach of contract — such as a significant pay cut imposed without agreement, bullying or harassment, or a unilateral change to your job role. Constructive dismissal claims are complex and fact-sensitive. We advise on whether the circumstances meet the legal threshold and help you build a strong case.
Redundancy
Redundancy should follow a fair process under UK employment law. If you believe your redundancy was unfair, for example, because you were selected without proper criteria, consultation was inadequate, or the role was not genuinely redundant, you may have grounds for a claim. Our solicitors review redundancy procedures, negotiate enhanced packages, and challenge unfair selections where appropriate.
Settlement Agreements
A settlement agreement (formerly known as a compromise agreement) is a legally binding contract between you and your employer that typically involves you receiving a financial payment in exchange for agreeing not to pursue any employment claims. You are legally required to receive independent legal advice before signing a settlement agreement. Our employment solicitors in Stafford and Rugeley review settlement agreements daily, ensuring the terms are fair and advising you on whether the offer reflects the strength of your position.
Workplace Discrimination
Workplace discrimination is unlawful under the Equality Act 2010. This covers less favourable treatment because of age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation. Discrimination claims do not require a minimum length of service. If you believe you have been treated unfairly because of a protected characteristic, our solicitors will assess your case and advise on the strength of a potential claim.
Disciplinary and Grievance Procedures
If you are facing disciplinary action at work, or you have raised a grievance that your employer has mishandled, our employment team can advise you at every stage. We help employees understand their rights during the disciplinary process, prepare for hearings, and challenge outcomes that are disproportionate or procedurally flawed.
Frequently Asked Questions About Employment Law
How long do I have to bring an Employment Tribunal claim?
For most claims including unfair dismissal, discrimination, and unpaid wages, you must notify ACAS within three months less one day from the date of the act complained of (usually your dismissal date or the date of the discriminatory act). Missing this deadline usually means losing your right to claim entirely.
What is a settlement agreement and should I sign one?
A settlement agreement is a legally binding contract where you agree not to pursue employment claims in exchange for a financial payment and often an agreed reference. You must receive independent legal advice before signing. We review the terms, assess whether the offer is fair relative to your potential claims, and negotiate improvements where appropriate.
Can I claim unfair dismissal if I have been employed for less than two years?
Generally, you need two years’ continuous service to claim ordinary unfair dismissal. However, certain dismissals are automatically unfair regardless of length of service — including dismissals for whistleblowing, asserting statutory rights, pregnancy, trade union membership, or health and safety reasons.
What is constructive dismissal and how do I prove it?
Constructive dismissal occurs when your employer’s conduct amounts to a fundamental breach of contract, forcing you to resign. You must show the breach was serious (not trivial), that you resigned because of the breach (not for another reason), and that you did not delay too long after the breach before resigning. These claims are factually complex and benefit from early legal advice.
Do I have to go through ACAS before going to tribunal?
Yes. For most Employment Tribunal claims, you must first notify ACAS and participate in early conciliation. ACAS will attempt to facilitate a settlement between you and your employer. If conciliation fails, ACAS issues a certificate allowing you to proceed with a tribunal claim. The early conciliation period can pause the limitation clock.
What compensation can I get for unfair dismissal?
Compensation for unfair dismissal has two elements: a basic award (calculated like a redundancy payment based on age, length of service, and weekly pay, capped at a statutory maximum) and a compensatory award (covering financial losses such as lost earnings, capped at the lower of 52 weeks’ pay or the statutory cap, currently £115,115). In exceptional cases involving discrimination, awards are uncapped.
Can my employer change my contract without my agreement?
No. Unilateral changes to fundamental contract terms (such as pay, hours, or job duties) without your agreement may constitute a breach of contract. You can refuse the change, work under protest, or resign and claim constructive dismissal. The appropriate response depends on the nature and severity of the change, and we recommend taking advice before acting.
What rights do I have during redundancy?
You have the right to a fair selection process, meaningful consultation, consideration for alternative roles within the organisation, and a statutory redundancy payment if you have two or more years’ service. If your employer fails to follow a fair procedure, your redundancy may be deemed an unfair dismissal, entitling you to additional compensation.
Does my employer have to give me a reference?
There is no general legal obligation for an employer to provide a reference, but any reference given must be true, accurate, and fair. If you are negotiating an exit through a settlement agreement, we routinely include an agreed reference as part of the terms — ensuring you leave with a reference you have approved in advance.
Get Expert Employment Law Advice Today
If you are facing a breakdown in an employment relationship, we would urge you to get in touch for an initial discussion as soon as you can. Everything is completely confidential and taking early advice can make all the difference. Our specialists can advise you on matters such as your ongoing obligations as the matter progresses; whether it may be possible to bring a claim and the likelihood of its success, its potential value and the likely costs involved and the range of options open to you to help resolve a dispute.
Whatever you are going through at work, you can rely on the helpful and sympathetic employment law team at Pickering & Butters to guide you through it, offering the expert support you need at every stage.
For confidential legal advice on any employment matter, please get in touch with our Staffordshire solicitors in Stafford and Rugeley.
