Employment Law

Cases can be lost in court over a lack of clarity over the true reason for job loss. Clients are usually too emotional when they seek a lawyer in taking their case. If the person has been fired, then it is harder to pull out the truth, due to client anger and hostility. Therefore, it is very crucial for the paralegal to do a background check with the employer in question. The paralegal’s job is to find out exactly the cause of the client’s job loss. This can often be accomplished by talking to the employer directly or by way of asking other people who know the client and the situation that has just occurred. For the sake of this article, let’s say that the employee has been recently fired.

The second step then, is to prepare for court representation of the client. A good paralegal works hard to assist the law firm on the facts of the case. He or she determines in advance whether there was just cause for the termination that has taken place. If the client was actually fired, then it would be the lawyer’s job to determine his client’s side in the case. The paralegal’s job is to do more discoveries.

Were there bad work conditions or possible harassment by a supervisor or co-worker? Often times a good lawyer can come out winning a case where someone has been fired. If the lawyer can prove cause for bad behaviour at work or prove too many absences from work because of harassment in fact, then his client stands a chance of being vindicated.

Employment law doesn’t stop here. Lay-offs happen every day; people quit or resign for reasons that may or may not need legal help. Keep in mind, the law firm’s job first and foremost is to represent the individual, especially when there has been unfairness in the work place. Employers often don’t know about the employee side of the matter and benefit from the research paralegals do. This can prevent a court date resulting in out of court settlements. Less time in court helps the lawyer focus more on improving his services to the client.

By: Haley Williams

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The processes and procedures surrounding redundancy are certainly one of the more complex topics in employment law. However in the current economic climate, redundancy is an area of employment that is being looked at by more and more organisations in an effort to reduce spending and re-structure.

Redundancy can definitely be a grey area. However legally, an organisation is able to pursue this option and dismiss employees under the terms of redundancy if they have a justifiable motive. One of the main reasons for redundancies is if the employer is looking to cut costs for the organisation.

A further reason is if the post previously held by the employee is being dis-established. However under these circumstances organisations are advised to look at redeployment as an option rather than redundancy. In addition to this, if an organisation is closing down or introducing new systems and technology that render a job unnecessary, redundancy can certainly be an option.

Within employment law there are certain procedures that an organisations must follow when exploring the option of redundancy. If an organisation is making 20 or more redundancies within a 90 day period it is called a collective redundancy.

In these circumstances, employers a legally required to consult with the employees trade union representative or a representative chosen by the employee. Failure to follow this consultation process can result in expensive tribunal claims.

However, if an employer is making less than 20 redundancies they are not obligated to follow a consultation processes (however it may be considered good practice to do so). Under these circumstances employment law states that employers should ensure they select their employees fairly and consistently, inform the employees in advance and communicate with them throughout the process, and pay them a fee for being made redundant. It is also prudent for organisations to seek specialist employment law advice when considering making redundancies.

By: Nicola Snaith

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