Redundancy Rights Guide

Redundancy is the term to describe when an employee’s role is no longer needed in a company. Common triggers for redundancy include business restructuring, mergers, automation, a drop in demand, or insolvency. It is not defined as dismissal as it can only be in the case where the role that the employee is considered redundant ceases to exist and no one else can be hired for the role. This makes redundancy about the role rather than the individual.

Redundancy selection and consultation

When deciding which employees to be selected for redundancy, employers must choose based on objective attributes such as skill, experience and capabilities rather than protected characteristics such as age, sex, pregnancy or disability. Selecting an employee based on a protected characteristic is unlawful as it is seen as discrimination, as outlined in the Equality Act 2010, and can be considered as unfair dismissal in which the employee can raise a claim. Before making redundancies, employers are required to explore alternatives, such as changing working hours, offering voluntary redundancy, or redeployment. They should also conduct consultations in an attempt to explain why redundancies are necessary and how employees are selected.

Voluntary redundancy

Voluntary redundancy allows employees to choose to leave the company in exchange for financial compensation. This is a common offer that companies utilise to avoid selecting specific employees for redundancy and it gives employees some control over the terms under which they depart.

That said, all employees may be entitled top redundancy pay under the National Employment Standards if they have at least 12 months of continuous service and are covered by the national workplace relations system. If they have worked for one year, the amount can be around four weeks of pay whereas if they have worked for nine years, the amount can be up to 16 weeks of pay, with the first portion free from tax. Generally, small businesses, with fewer than 15 employees are excluded from this.

Additional rights

Employees may be offered suitable alternative roles if possible, rather than being made redundant however, if the employee refuses this offer and chooses redundancy, their redundancy pay can be affected. In cases where the employer goes out of business, employees are entitled to claim redundancy pay from the government as the employer would no longer be able to pay them. If employees believe that the redundancy process was unfair or discriminatory, they can appeal or take legal action.

Unfair redundancy

Unfair redundancy generally falls into two categories which are procedural unfairness and substantive unfairness. Procedural unfairness happens when an employer fails to follow the correct process to make the employee redundant, for example not consulting the employees, ignoring collective consultation rules for large scale redundancies or choosing based on unfair criteria. On the other hand, substantive unfairness is when an employer uses redundancy to dismiss an employee for an unrelated reason, such as discrimination based on protected characteristics.

If an employee feels that they have been unfairly made redundant, they can start by sending an appeal to their employer and explain why they feel as though their redundancy is unfair. If the appeal is unsuccessful, they can result Acas for early conciliation which is a mediation service which must be completed before taking legal action. If that too fails, the employee can make a claim to an employment tribunal. In general, you must have had 2 years of continuous service to claim to have been unfairly dismissed however in cases that involve reasons that are considered automatic unfair dismissal, there is no minimum time that the employee has had to serve under the employer.

If you require expert legal advice or support with any aspect of your matter, our experienced team of solicitors at Aston Bond are here to help. We are committed to providing clear, practical and tailored legal solutions to help you move forward with confidence. Contact our team today on 01753 486 777 or email info@astonbond.co.uk to discuss how we can assist

Pregnancy Discrimination at Work

Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act prohibits discrimination based on pregnancy, childbirth or related medical conditions. For this reason, pregnancy is considered a protected characteristic as outlined in the Equality Act 2010 and makes it unlawful to treat a woman unfavourably because of her pregnancy or any matters related to it. This protection applies from the start of pregnancy until the end of maternity leave.

Key rights at work

One of the key rights that pregnant employees have is the protection from dismissal and redundancy. This protects the, from being unfairly dismissed or selected or redundancy due to pregnancy or maternity leave and employers must offer suitable role alternatives if there are some available. Employees are also entitled to up to 52 weeks of maternity leave, with statutory maternity pay if they are eligible for it. Upon coming back from maternity leave, the employees are entitled to return to the same job, unless it is not possible, in which case they are to be offered a suitable alternative. Employers must protect the health of pregnant employees and their babies, including reasonable adjustments and paid time off got antenatal care.

Unlawful discrimination

Unlawful protection would be any action where an employer does something that is not favourable in the eyes of the employee based on the fact that they are or were pregnant such as denying a promotion because an employee is on maternity leave or reducing shifts when they return from maternity leave. Protection from these actions applies to employees, casual workers, agency workers, freelancers and contractors from day one of employment. Even after the protected period, a case may be deemed to be under sex discrimination if the treatment is linked to pregnancy or maternity.

Workplace accommodations

Employers make accommodations for pregnant employees in the workplace such as allowing them to alter their work hours or work type to help them. In these situations, it is key that the employers and employees maintain clear communication to ensure that the necessary adjustments are made so that all pregnant employees can have changes made to match their unique needs. There must also be confidentiality to the discretion of the employee regarding aspects of their pregnancy such as their medical records as it is their right to privacy in regards to such information.

Enforcement of protection

The Equal Employment Opportunity Commission enforces federal pregnancy discrimination laws stated before such as Title VII. Employees are able to file complaint with the EEOC if they feel that they have experienced discrimination due to the fact that they are or were pregnant during the time of their employment or if they feel that they have been denied accommodations that they have requested to have been made. Legal action may include claims for unfair dismissal, discrimination, or victimisation under the Equality Act 2010. In summary, the Pregnancy Equality Act ensures that women are protected from unfair treatment as stated about on the basis of their pregnancy, maternity, or related medical conditions. This provides robust work rights which creates a comfortable workplace for pregnant employees and ensures that there is no discrimination in their place of work.

If you require expert legal advice or support with any aspect of your matter, our experienced team of solicitors at Aston Bond are here to help. We are committed to providing clear, practical and tailored legal solutions to help you move forward with confidence. Contact our team today on 01753 486 777 or email info@astonbond.co.uk to discuss how we can assist you.

Employment Tribunal Time Limits

An employment tribunal is a specialised judicial body that resolves disputes between workers and employers upon the submitting of a claim. It serves as the main forum for resolving issues related to unfair dismissal, discrimination, and wage disputes. Employment tribunals are part of the wider judicial system and handle claims from individuals who believe they have been treated unlawfully by employers or employees in their workplace.

An employment tribunal claim is a formal request that is made to resolve a dispute between an employee and an employer. The claim can only be made if the claimant has experienced unlawful conduct by the employer which includes unfair dismissal, discrimination, wage disputes, and other workplace issues. The tribunal will be the independent body who will assess the claim and use the evidence provided to make a decision. The employee does not have to pay to make the claim however other costs may be involved such as legal fees.

Standard time limits

Employment tribunal claims are often based on unfair dismissal, constructive dismissal, discrimination or whistleblowing which often comes with a six-month time limit from the date of the situation or the date of the dismissal, minus one day. This six-month limit is a new update from the previous three-month limit, which was extended in the Employment Rights Act 2025, effective October 2026.

Acas Early Conciliation

Before most claims are submitted, the employee must notify Acas in order to commence Early Conciliation. THE Early Conciliation period can last up to twelve weeks which is double the previous six week maximum which was changed on 1 December 2025. During this time period, the tribunal time limit is paused which allows the employee an extra twelve weeks to submit a claim. Once the conciliation ends, Acas issues a certificate to the claimant which they will use to file their tribunal claim.

Extensions and exceptions

It is very rare for an extension to be granted once the time limit has passed and is only able to be granted if it is deemed that it was not reasonably practicable to submit the claim on time. That said, in some cases it is deemed that it is just and equitable to extend the period. With this in mind, it is apparent that judges have discretion and can grand extensions if the circumstances demand it; however, extensions are difficult for a claimant to obtain which is why it is strongly advised that the claims are submitted within the statutory period.

If you require expert legal advice or support with any aspect of your matter, our experienced team of solicitors at Aston Bond are here to help. We are committed to providing clear, practical and tailored legal solutions to help you move forward with confidence. Contact our team today on 01753 486 777 or email info@astonbond.co.uk to discuss how we can assist

Whistleblowing Protection Explained

Whistleblowing is the term attributed to the act of reporting improper conduct, corruption or unethical behaviour that affects others, legally known as “making a disclosure in the public interest.”  It is essential that whistleblowers ate motivated by a commitment to public good rather than having a personal agenda such as revenge. Whistleblowers can report concerns within their company or organisation to supervisors or compliance officers or outside of their company or organisation by reporting to law enforcement or media. Although internal reporting is a common practice, external reporting may be necessary if it poses a threat to public safety.

Threats associated with whistleblowing

Whistleblowers often face risks that can involve loss of their job, damage to their reputation and high levels of stress. Regardless, it still occurs as it is an act that plays a crucial role in ensuring public safety and promoting accountability. The act of whistleblowing, although it presents personal risks, can prevent disasters and can save lives which makes in an essential act if a situation presents itself where it is necessary.

Whistleblowing protection

Whistleblowing protection refers to the legal safeguards that are in place for the individuals who have reported wrongdoing in the workplace to ensure public safety. In the UK, whistleblowers are protected by law if their disclosure qualifies for whistleblowing and is in the public interest. This states that they legally cannot be dismissed or subjected to any detriment for reporting concerns that involve illegal activities and they must be protected from retaliation if they report wrongdoing.

A disclosure is considered protected if it meets certain criteria under UK law which is stated in the Public Interest Disclosure Act 1998 as incorporated into the Employment Rights Act 1996. In order to qualify for a protected disclosure, the worker must reasonably believe that the information shows wrongdoing and the disclosure must be in the public interest. If the disclosure contains any of these factors or any other factors such as criminal offences or health and safety dangers, the disclosure and the whistleblower have the right to be protected under the law.

Qualification for protection

Legal protection can apply to any worker that makes a protected disclosure which includes employees, trainees and those who are on work experience. Protection starts from the beginning of employment and can continue after the worker has left the employer. However, some people are not usually protected by whistleblowing law, including y self-employed people, volunteers without an enforceable employment contract, members of the armed forces, and people whose disclosure would breach legal professional privilege. Furthermore, Crown employees dealing with national security may have only partial protection.

If you require expert legal advice or support with any aspect of your matter, our experienced team of solicitors at Aston Bond are here to help. We are committed to providing clear, practical and tailored legal solutions to help you move forward with confidence. Contact our team today on 01753 486 777 or email info@astonbond.co.uk to discuss how we can assist you.

Constructive Dismissal Guide

Constructive dismissal occurs when an employee resigns because their employer has severely breached the employment contract which forces their hand into resigning. It is also known as constructive unfair dismissal and is recognised under the UK law in the Employment Rights Act 1996. When an employer’s conduct constitutes a fundamental breach of contract and leaves an employee no choice but to resign, it is considered to be a form of unfair dismissal. It is treated as unfair dismissal by the law however unlike standard unfair dismissal, the employer is not terminating the contract however, the breach caused by the employer causes the employee to resign.

Common examples of unfair dismissal

Constructive dismissal may arise from a single serious incident or from a series of actions that undermine the trust and confidence required in an employment relationship. A common example is where an employer fails to deal properly with persistent bullying, harassment or discrimination, leaving the employee feeling they have no realistic option but to resign. Harassment is unlawful where it is linked to a protected characteristic under the Equality Act 2010, such as age, disability, race, religion or belief. Bullying, by contrast, is not usually a standalone legal claim, but it can still support a constructive dismissal claim if the employer’s failure to address it amounts to a serious breach of contract. Similarly, there is a sever breach of trust of confidence which can be a byproduct of unfair treatment by the employer. Constructive dismissal can also arise from significant changes to employment terms such as reducing the pay of an employee or altering their work hours without consent.

Combatting unfair dismissal

If an employee feels that they have faced constructive dismissal, is would be recommended to keep detailed accounts of incidents which could contribute to their claim, including dates, times, witnesses of the situations and descriptions of the events that have occurred. If possible, the employee should then attempt to raise these concerns with their employer or the HR department in an attempt to resolve the issues at hand before they escalate. A formal grievance should be considered if these discussions provide no help. Before the employee resigns, they should seek legal advice with a consultant who specialises in employment law as this can provide the employee with a deeper understanding of their situation. If all of these attempts to rectify the situation has no success, the employee should resign in a manner where their reasons for resignation are proper stated. This way, their claim for constructive dismissal can be strengthened in the case that they decide to pursue legal action. Upon doing this, the employee should become familiar with their rights regarding constructive dismissal as they may be able to pursue legal action if they are able to prove that their employer’s conduct was the reason that they resigned. 

Legal considerations

In  cases where legal action is a possibility, an employee must be aware of any possible time limits that are present when they are to make a claim for constructive dismissal. It is common for there to be limited time periods where a claim can be filed after resignation. It must also be noted when thinking about constructive dismissal that if an employee has reached a settlement agreement with their employer, their ability to pursue a constructive dismissal claim may be affected.

If you require expert legal advice or support with any aspect of your matter, our experienced team of solicitors at Aston Bond are here to help. We are committed to providing clear, practical and tailored legal solutions to help you move forward with confidence. Contact our team today on 01753 486 777 or email info@astonbond.co.uk to discuss how we can assist you.

Zero-Hours Contracts Explained

A zero-hour contract can be defined as an employment arrangement under which an employee has no guaranteed hours of work and may be required to be available for work but is not assured payment for any minimum hours of work.

Protection against zero-hour contracts

In October 2024, the Employment Rights Bill, included the right for workers to be offered guaranteed-hours contracts if they work regular hours in order to protect workers on zero-hour contracts.

The government estimates that there are around 1.13 million people in employment, which is around 3% of employed people in the UK, who are on zero-hours contracts. The government pledged to ban exploitative zero-hours contracts and end one-sided flexibility. It must be stated that the Act does not outrightly ban zero and low hours contacts however it provides new rights for workers under these contracts.

The Act introduces a new duty for employers to offer “qualifying workers” a guaranteed hours contract which “reflects” the hours they work over a “reference period”.  The Act ensures that all jobs provide a baseline level of security and predictability.  However, the government has taken into account the fact that some people with caring responsibilities or students benefit from this which is why the changes made will not take away the flexibility for workers who benefit from this way of working.

Reasonable Notice

The Act gives workers not only the right to guaranteed hours, but also the right to reasonable notice of their shifts. The government has proposed that the rights to reasonable notice and to payments for shifts that are cancelled, curtailed or moved at short notice should apply only to workers below an ‘hours threshold’ to be set out in the regulations. At this moment in time, ‘reasonable notice’ is the subject of further consultation and the government has indicated that it will set out factors that tribunals should lok to when determining whether or not the notice in question was reasonable

Compensation

The Act states that workers now have the right to receive compensation if their shifts are cancelled, moved or curtailed at short notice to increase the security of these contracts and to ensure that there is no exploitation of employees by their employers. This reform, like the others, is expected to take effect in 2027 and further details are set to be clarified in regulations following a consultation.

Effect on Employers

The zero and low hour reforms are very significant changes the complexity of the changes adds a sense of unpredictability to the precision of predictions that employers can make in regard to its effect. Additionally, most of the detail of how the reforms will operate in practice has been left up to regulations, making it difficult for organisations to gauge how big an impact this will have. It was hoped that the consultation would provide further insight, however, at this current moment in time, it is apparent that there is still a lot left to be decided and it seems likely that further consultations will be required. This provides employers with an opportunity to influence how the new framework will work in practice.

It also calls into question whether the current implementation date of 2027 is realistic, given the government has committed to giving employers plenty of time to prepare for the changes, including publishing guidance to support employers.

If you require expert legal advice or support with any aspect of your matter, our experienced team of solicitors at Aston Bond are here to help. We are committed to providing clear, practical and tailored legal solutions to help you move forward with confidence. Contact our team today on 01753 486 777 or email info@astonbond.co.uk to discuss how we can assist you.

Bullying vs Harassment at Work: What’s the Difference Legally?

Often, people refer to bullying and harassment interchangeably at work to describe hostile behaviour towards themselves. Despite the fact that both of these terms refer to behaviour that makes someone feel intimidated or offended, these terms have distinct meanings under the UK law. This difference increases the importance needed to understand what type of mistreatment someone is experiencing at work in order to find a solution to their situation.

Workplace Bullying

Workplace bullying can be characterised by repeated and unwanted aggressive behaviour which cause harm, humiliation or intimidation for an employee. This is often a situation based around a stark power imbalance where the aggressor acts without fear of consequences.

Bullying in itself is not illegal however if it involves the harassment of protected characteristics that are stated under the Equality Act 2010, it may be classified as harassment in the eyes of the law. However, if the extent of bullying drives an employee to leaving a job and if their employer has not attempted to help, the employee may be able to claim for constructive dismissal. This is when an employee leaves their job as their situation has made it impossible for them to work in their workplace environment based on the actions of other employees and either the actions or lack of actions undertaken by an employer.

Workplace Harassment

Workplace harassment can be defined as unwelcomed conduct from other employees or an employer based on protected characteristics which are outlined by the Equality Act 2010 which includes race, colour, sex, national origin, age and disability. This becomes unlawful when the enduring behaviour creates a hostile work environment which could cause an employee to resign based on these actions. Title VII of the Civil Rights Act of 1964 prohibits discrimination and harassment in a workplace. The focus of this act is on the impact of the behaviour and its connection to specific traits rather than the intention of the perpetrator.

Harassment is considered to be illegal as it breaches laws protecting protected characteristics which is why it can lead to legal action and requires formal investigations if cases occur in a workplace. On the other hand, bullying would be considered top be a performance issue unless it escalates into the realm of harassment. Harassment is seen as violating a person’s dignity or creating a hostile environment as defined by section 26 of the Equality Act 2010.

Sexual Harassment

A distinct form of harassment would be sexual harassment which is unrelated to the protected characteristic of sex. Sexual harassment is unwanted conduct of sexual nature that can include flirting, sexual comments and jokes, unwanted touching and sexual assault. Regarding harassment, it is possible to feel both harassed and sexually harassed at the same time however for it to be considered sexual harassment, the unwanted behaviour must still violate someone’s dignity or create an offensive environment for an individual.

Slightly related to this is a third type of harassment which is subtly different from sexual harassment. This third form is when an employee is treated less favourably because they have either rejected sexual harassment or they have been submitted to sexual harassment.

What to do about workplace harassment

If an employee is being harassed at work, it may be beneficial to keep a log of the times that they feel they have been harassed and the effect that it has had on them. This could provide evidence against the perpetrator which could be used to eliminate the hostile behaviour. It would then be recommended to submit a formal complaint against the perpetrator in order to eliminate this behaviour permanently and to ensure that they are able to work in an environment that is neither hostile nor offensive.

If you require expert legal advice or support with any aspect of your matter, our experienced team of solicitors at Aston Bond are here to help. We are committed to providing clear, practical and tailored legal solutions to help you move forward with confidence. Contact our team today on 01753 486 777 or email info@astonbond.co.uk to discuss how we can assist you.

Unfair Dismissal Explained: Who Can Claim and What Compensation Is Available?

In the UK, an employee often needs at least two years of continuous service to gain key employment rights, for example, the right to no be unfairly dismissed. Having said this, there are also circumstances where a dismissal is considered to be ‘automatically unfair’ whether the employee has two years of continuous service or not and claims for unfair dismissal can still be brought forward. Unfair dismissal happens when an employer terminates an employee’s contract without a fair reason or fails to follow a reasonable procedure. Fair reasons under the Employment Rights Act 1996 include capability, conduct, redundancy, illegality, or some other substantial reason, but even with a fair reason, the employer must act reasonably in treating it as sufficient to dismiss. Dismissal can also include summary dismissal, non-renewal of a fixed-term contract, or constructive dismissal, where an employee resigns due to a fundamental breach of contract by the employer.

Automatic Unfair dismissal

Automatic unfair dismissal is cases where you do not need 2 years of continuous work to claim unfair dismissal and under these certain circumstances, a claim can be submitted to an Employment Tribunal for unfair dismissal subject to ACAS Early Conciliation. Having done this, it will be up to the employer to prove that the dismissal was for a fair reason and that they followed a fair procedure. Grounds for automatic unfair dismissal are:

•             Being Pregnant or on Maternity Leave

•             Standing Up for Your Legal Rights

•             Leaving a dangerous work situation or refusing to work in one

•             Disclosing any illegal activities, or wrongdoing which is in the public interest

•             Trade Union Membership and Activities

•             Parental Leave

•             Discrimination against a protected characteristic as outlined by the Equality Act 2010

•             Being Part-time or on a Fixed-term Contract

•             Jury Service

•             Forced Retirement

Unfair vs wrongful dismissal

According to UK law, unfair dismissal is about being fired without a fair reason or a fair process, under employment law. This is to be distinguished with the distinct concept of wrongful dismissal, which is a breach of contract, often based around not being given the correct statutory or contractual notice.

Unfair dismissal follows the legal basis that an employee has been dismissed unjustly and against the statutory rights set out in the employment legislation. This would be firing an employee for any other reason than the ones stated in the Employment Rights Act 1996 which outlines fair reasons for an employee to be dismissed. To be eligible for this, an employee generally must have provided at least two years for their employer to claim that they have been unfairly dismissed. However, as stated before, there are exceptions to this which makes employees who have not fulfilled 2 years of continuous work to claim that they have been unfairly dismissed.  Claims for unfair dismissal are dealt with by an Employment Tribunal.

Wrongful dismissal, on the other hand, is based on the legal basis where an employer dismisses and employee whilst also breaching the terms of the employee’s contract in the dismissal process. The most common breach is not giving the correct notice that is either stated ion the contract of the employee or in the law. There is no minimum length that an employee must have been working for and employer to claim that they have been wrongfully dismissed as it can be claimed by any employee whose contract has been breached in the process of dismissal.

Compensation for unfair dismissal

The compensation for unfair dismissal in the UK is either a basic award or a compensatory award. On top of this, in some cases, and employee may also be entitled to additional awards, compensation for difficulty in finding new employment and injury towards feelings awards in cases where an employee is fired on a discriminatory basis.

Basic award is a fixed sum that is calculated based on the employee’s age, length of service and weekly pay up to a statutory limit. The maximum limit on the weekly pay is subject to change every year. On the other hand, compensatory award is meant to compensate the employee for the actual financial losses resulting in the unfair dismissal which could include the loss of earnings, future loss of earnings and the loss of benefits. The monetary value for this compensation varies as it is determined by the Employment Tribunal.

If you require expert legal advice or support with any aspect of your matter, our experienced team of solicitors at Aston Bond are here to help. We are committed to providing clear, practical and tailored legal solutions to help you move forward with confidence. Contact our team today on 01753 486 777 or email info@astonbond.co.uk to discuss how we can assist you.

Can You Be Sacked While Off Sick in the UK?

Dealing with a serious illness or injury can result in a very stressful time, especially those who are forced into taking time off work, left with the possibility of losing their job. 

Lawfully, employers can dismiss an employee despite them being off sick with the claims that a persistent illness or injury can make it impossible to do their job and to be able to keep up with the necessary workload expected of an employee. However, an employer is expected to look for ways to support and sick or injured employee and to give them reasonable time to recover from illness before taking any action as stated by the United Kingdom government.  

This reality disproves the common misconception that a valid reason to call in sick can act as an absolute shield against dismissal. The law of UK employment is more nuanced as it values the health of employees whilst also recognising that a business must be able to fulfil its needs. The balance between the needs of the employer and the needs of the employee can result in cases where the lines are blurred and both parties present valid points however a greater understanding of the law which cover situations like these must be obtained to understand what is and isn’t acceptable.

The laws behind dismissal while off sick in the UK

To answer the main question at hand, yes, an employer could dismiss and employee, even if they are off sick. However, there are limits to the circumstances under which this can occur. For example, an employer is unable to sack an employee simply because they are annoyed that they had to call off sick. Likewise, an employee is unable to claim that they should not have been fired even if they have sustained an injury or an illness which makes it impossible for them to fulfil their role at their work due to long-term medical incapacity.

There are five fair reasons of dismissal stated by the Employment Rights Acts 1996 and one of these reasons is lack of capability to perform one’s job which includes aspect such as health, physical capability or mental state which may be required in one’s field of work. Although this is the case, an employer is required to follow a strict procedure which must demonstrate that the employer has acted reasonably in the situation at hand, has consulted the employee in finding any reasonable alternatives and investigating the medical condition in depth before finally resulting in the dismissal of the employee.

These laws also separate long-term illnesses and short-term illnesses distinctively. In the eyes of the law, short term illnesses are assessed through behavioural patterns such as regular sick days and can be susceptible to disciplinary actions if the absences are deemed unsustainable. On the other hand, long-term illnesses assess the capability of the employee in question and focus on whether they will be able to perform their jobs after having recovered from their injury. However, there is a fixed time limit on the time that an employee is able to take off work as sick employees have the right to sick pay.

Employees who are unable to work due to serious illness or injury can get up to £123.25 per week which is paid by one’s employer, however this is limited to 28 weeks. Beyond this time, either you are unable to receive Statutory Sick Pay, or an employer may deem you unable to work for their company beyond this point. Furthermore, being in this situation can leave an employee more vulnerable to the possibility of being selected for redundancy in which a company cuts down its work force which requires employees to be dismissed. This is also considered a fair dismissal and can be the reason for dismissal for those who are off work sick as they may be deemed less useful to the company than others.

Protection against dismissal while off sick in the UK

The single most effective protection against dismissal while sick in the UK is the Equality Act 2010. Under this act, employees are protected from being dismissed from their jobs as their physical or mental illness can be considered a disability. If this is the case, dismissal would be considered discrimination and would be considered unfair dismissal. Under the Equality Act, a person is considered disabled if they have an impairment that is substantial and expected to last for more than a year.

If an employee’s illness falls under both categories, an employer is required to steer clear of dismissal and to make necessary adjustments for the employee such as modified work hours or expected responsibilities.

In cases where there is a disagreement between an employer and an employee with an illness, the outcome will most likely be a decided by the medical evidence presented which is why it may be advised to seek robust medical evidence for a long-term injury to act as protection against illness dismissal. The medical evidence provided must not have gaps in medical certificates, must clearly state the diagnosis given by a qualified expert and must detail adjustments that can be made.

If you require expert legal advice or support with any aspect of your matter, our experienced team of solicitors at Aston Bond are here to help. We are committed to providing clear, practical and tailored legal solutions to help you move forward with confidence. Contact our team today on 01753 486 777 or email info@astonbond.co.uk to discuss how we can assist you.

Solicitors who deal with employment law

At Aston Bond, we understand that employment law issues can be challenging and often highly personal. Our Employment team provides responsive legal advice to both employers and employees across a wide range of workplace matters. Whether you are dealing with a contract issue, a grievance, redundancy concerns or questions about dismissal, our solicitors are here to help you move forward with confidence. We are proud to support clients from our offices in London, Maidenhead, Windsor and Slough, offering accessible legal support tailored to the needs of businesses and individuals alike.

Employment law is a fast-moving area, both employers and employees benefit from advice that is legally sound and practically focused. An important aspect of employment law is the impact of workplace culture and internal communication on legal risk. Many disputes do not begin with a single major incident, but develop over time through poor management practices, unclear expectations or inconsistent treatment between staff members. Several issues such as inadequate training or a failure to address concerns early can all contribute to formal complaints and potential claims. Employment law therefore plays and important role in encouraging fair, transparent working environments that reduce the likelihood of conflict in the first place. Aston Bond’s Employment team assists with both contentious and non-contentious matters, helping clients prevent disputes where possible and resolve them effectively where they arise. We have a straightforward approach where we take the time to understand the issue and provide realistic advice tailored to the situation in hand.

Comprehensive employment law services

Our solicitors advise on a broad spectrum of employment law issues. This includes employment contracts, service agreements, staff handbooks, disciplinary and grievance procedures, redundancy processes, termination of employment, settlement agreements and TUPE matters. We also support employers with policies and procedures designed to reduce risk and promote compliance, while employees often come to us for advice on unfair treatment, discrimination, whistleblowing concerns, workplace investigations and negotiated exits. Wherever possible, we aim to resolve matters quickly and constructively, while protecting our clients’ legal and commercial interests.

How Aston Bond helps clients navigate workplace issues

Employment law problems rarely arise in convenient circumstances. A business may need urgent advice before dismissing an employee or implementing a redundancy process. An employee may need immediate guidance after receiving a settlement agreement or facing disciplinary action. In each case, the value of specialist legal support lies in combining technical knowledge and strategic advice. At Aston Bond, we work with clients to understand the facts at the heart of the issue and then provide practical recommendations on the best route forward. That may mean helping an employer put in place the right procedure, drafting the necessary documents, negotiating a settlement, or advising an employee on their rights and options.

We know that clients want clear direction and not simply a list of possibilities, so we focus on practical advice that supports decision-making and delivers confidence at what can often be a difficult time.

If you need support with any employment law query, Aston Bond’s Employment team is happy to assist. From day-to-day advisory work to more complex disputes, we provide tailored support for employers and employees with a focus on clarity, efficiency and sensible outcomes. With offices in London, Maidenhead, Windsor and Slough, we are well placed to support clients across the region and beyond. If you would like practical, responsive advice from specialist employment law solicitors, our team would be pleased to hear from you.

 Give us a call on 01753 486 777 or email info@astonbond.co.uk

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