Employment law common questions
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Yes, but only if they’re reasonable. The law protects your right to work, so any clause that’s too broad, long, or unclear could be challenged.
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Yes. Cases like Lynskey v Direct Line Insurance Services Ltd, McCabe v Selazar, A v Bonmarche, and Best v Embark show employees receiving compensation for injury to feelings and unfair treatment linked to menopause.
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No. ACAS is neutral and cannot represent you or give legal advice. If you want someone to act in your best interests, negotiate compensation, and protect your claim, you’ll need an employment solicitor.
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Yes, it is possible to approach your employer on a “without prejudice” (off the record) basis to investigate whether they would be willing to negotiate the terms of your exit from the business. This may be an appropriate course of action if you:
- are unhappy at work;
- have received an unsatisfactory outcome to a grievance and feel unable to continue in the work environment;
- face disciplinary action or performance management;
- believe you may have grounds to bring a claim against your employer in the Employment Tribunal.
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No. It is illegal to fire or discipline an employee for taking time off to deal with an emergency involving a dependant. If this happens, you may be able to take legal action and claim compensation.
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No. Dismissing someone for raising a discrimination complaint is automatically unfair and constitutes victimisation. You would have a very strong claim.
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Yes.
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Yes, claims can be made against both the employer and, in certain circumstances, individual managers.
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Yes. You can bring a claim against the specific individuals who are treating you badly, as well as your employer for failing to stop them.
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Yes. In some cases, you can bring a claim against an individual manager as well as your employer.
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Yes, but only if you resigned because of your employer’s conduct and acted quickly. Delaying too long can weaken or prevent your claim.
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Yes. Former employees and ex-workers are protected under UK employment discrimination law, provided you act within the time limit.
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Yes. If a former employer gives you a bad reference because you previously complained about discrimination, this is post-employment victimisation and is unlawful.
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Not for a standalone unfair dismissal claim. However, if your dismissal involved discrimination, you can claim a separate award for 'injury to feelings'.
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Yes , in addition to compensation for loss of earnings , injury to feelings awards are available .
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Absolutely. If you feel you were chosen for redundancy because of your age, race, disability, or another protected reason, that is discrimination. It’s illegal, and you can claim compensation for the injury to your feelings as well as your financial loss.
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Yes, for constructive dismissal.The time limit starts from the date you resigned (or your last day of notice if you gave it). The same strict three-month rule applies.
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Yes, if the redundancy was not genuine or the process was unfair (e.g., unfair selection criteria or lack of consultation). This is a common type of unfair dismissal claim.
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Absolutely. Sexual harassment can happen to anyone of any gender. The law applies equally to men, women, and non-binary individuals.
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Yes. 'Banter' is not a defence. If the comments were unwanted and sexual in nature, and they violated your dignity, it is harassment. The law protects you regardless of how the harasser tries to excuse it.
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Yes. Many cases settle during Early Conciliation without going to tribunal. Compensation depends on your pay, losses, and the type of claim. ACAS won’t calculate this for you, but a solicitor can.
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Yes, for loss of earnings and injury to feelings.
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This will depend on the type of claim that you want to make and whether you are still “in time” to bring a claim.
The majority of employment claims are brought in the Employment Tribunal, although certain claims can also be brought in the County Court. Examples of potential claims that can be brought within the Tribunal system include:
- Unfair Dismissal
- Constructive Dismissal
- Sex Discrimination
- Disability Discrimination
- Sexual Orientation Discrimination
- Gender Assignment Discrimination
- Race Discrimination
- Religion or Belief Discrimination
- Age Discrimination
- Unpaid Wages
- Equal Pay
- Unpaid Redundancy Pay Claims
- Wrongful Dismissal
This is not an exhaustive list and there are also a number of other employment claims that can be brought in the Employment Tribunal, for example, TUPE claims, part-time worker regulations etc.
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It depends on the type of claim and whether you are still “in time” to bring it. Most claims go through the Employment Tribunal, although some may be brought in the County Court.