Swindon Solicitors

SWINDON EMPLOYMENT SOLICITORS FAQS

Is there a time limit for bringing an Unfair Dismissal Claim?

You must bring an Unfair Dismissal claim within 3 months of being dismissed. If you don’t bring a claim within this time you will lose the right to claim.

If you had a grievance with your employer it is a requirement to raise a grievance first with your employer before you make a claim to a tribunal.

Do I qualify for redundancy?

If you have over two years’ continuous employment, the company is closing down a place of work, or ceasing or diminishing the particular work undertaken by you, then you have a right to redundancy payment if made redundant.

What is the difference between an employee and independent contractor?

The law treats employees and independent contractors differently. It can be difficult to decide the true nature of such relationships and the Tribunal/court will consider the substance and practicalities of the relationship over and above any contract agreed between the parties. In other words, a contract that states there is an independent contractor relationship is not conclusive. In cases of dispute, the Tribunal/court will determine the appropriate status of the relationship by considering a number of factors. Some of these will be considered more important than others. Examples of relevant factors are:

• who provides the tools for the job;
• the level of skill required for the job;
• who controls the work and the work product;
• whether the work is performed on the business premises;
• the duration of the relationship between the parties;
• the ability to delegate or sub-contract the work;
• whether the hired party has discretion over how long and when they work;
• whether any insurance or benefits are provided to the hired party;
• whether expenses are reimbursed;
• whether the parties have a written agreement defining the status of the hired party;
• the method of payment; and
• the tax arrangements