Employment Personal

At Douglass Simon Solicitors, we have experience in all aspects of employment law and any workplace-related action. We can advise on a wide range of employment law issues including:

Age & Disability Discrimination
Bullying & Harassment
Constructive Dismissal
Contractual Disputes
Drafting Of Employment Contracts
Employee Fraud
FCA Regulatory Issues
Maternity & Paternity Issues
Part-Time Workers’ Rights
Professional Regulatory/Disciplinary
Redundancy
Regulatory, Compliance & Professional Disciplinary Matters
Settlement Agreements
Sex Discrimination
Tribunal Representation
TUPE & Collective Redundancy
Unfair Dismissal
Whistle-Blowing
Working Time Regulations

Funding Options

Fixed fee- We can agree a fixed fee with you upon commencement of any work.
Hourly rate – We offer a competitive hourly rate to clients.
Contingency fee- We also offer no win no fee agreements for claims which we believe are likely to succeed, which means that you do not have to pay our fees from the date of the agreement if you follow our advice and lose.

Settlement Agreements
If you have recently been involved in a dispute with your employer or you are being made redundant then you may be invited to a discussion at which they raise the issue of a settlement or compromise agreement. You might be asked to sign a settlement agreement in exchange for an additional payment or other benefits. This is not always as straightforward a process as it sounds and we would recommend that to protect your best interests, you seek professional advice.

We can represent you in negotiations with your employer about the terms of the settlement agreement, including the financial compensation, ensuring that you defend your rights through what can be a highly complex process. We can also advise you on the specific terms of the settlement agreement (or compromise agreement), ensuring that you understand the limits that it will be likely to impose on any future employment tribunal claims you might make. Employers usually provide a contribution to legal fees. In most cases, the employers’ contribution to legal fees would normally cover all our fees, which would mean that our client does not have to pay anything. We would raise an invoice in your name but mark it payable by your employer as part of the settlement and would send this directly to the employer.
Discrimination
We have significant experience of pursuing complex race, sex, maternity and pregnancy, disability, age, religious and sexual orientation discrimination claims on behalf of employees.

Under the Equality Act 2010 employees have a right not to be treated less favourably because of a ‘protected characteristic’, such as sex, race or disability. The Act protects job applicants during the recruitment stage, employees and potentially ex-employees. Unlike unfair dismissal claims, there is no qualifying period of employment for bringing a claim in the Employment Tribunal.

The Act makes unlawful certain types of discriminatory treatment and we have helped clients recover significant sums of compensation for direct and indirect discrimination, harassment and victimisation claims.
Unfair Dismissal
We advise on unfair dismissal claims and other employment related disputes such as breach of contract/wrongful dismissal, constructive unfair dismissal, pregnancy/maternity related dismissal and discrimination claims.

An employee with 2 years’ service (1 year if employment commenced before 6 April 2012), has a right not to be unfairly dismissed. In order for a dismissal to be fair, there must be:
- A fair reason for dismissal
- A fair procedure must be followed and the decision must be fair in all the circumstances.
There are five potentially fair reasons for dismissal:
1. Misconduct
2. Capability
3. Redundancy
4. Illegality
5. Some other substantial reason
Even if a fair reason for dismissal is established, an employer must follow a fair process prior to dismissal. A Tribunal will then consider whether the dismissal fell within the “band of reasonable responses” test.
If successful, a claim for unfair dismissal will lead to compensation being awarded by the Employment Tribunal.

For further information on unfair dismissal law or if you would like to discuss a specific problem with a specialist employment lawyer, please contact our offices.
Redundancy
Redundancy is a potentially fair reason for dismissal under the Employment Rights Act 1996. A genuine redundancy exists only when either there has been or there is going to be:
- a closure of business (‘the business disappears’)
- a closure of business at the employee’s site (‘the workplace disappears’)
- a reduction or cessation of work (‘the job disappears’).
It is normally sufficient for an employer to adduce evidence that the reorganisation was genuine and that it resulted in the need for less staff to carry out work of a particular kind. The only exceptions to this are where it can be shown that the redundancy situation was a sham to get rid of an employee for some other reason and/or where there has been no reduction in the number of staff carrying out work of a particular kind.

A dismissal for redundancy may be considered to be unfair on general principles for one or more of the following reasons:
- There was no genuine redundancy situation
- The employer failed to consult
- The employee was unfairly selected
- The employer failed to offer alternative employment.
A redundancy dismissal because of pregnancy or maternity is automatically unfair and an employee can make a claim for automatic unfair dismissal and/or maternity and pregnancy discrimination even if she does not have two years’ service.

If an employee is selected for redundancy because of pregnancy or maternity, then this could potentially constitute direct sex discrimination. Similarly, if an employee is selected for redundancy because of their race or religion, then this too could amount to race or religious discrimination, contrary to the Equality Act 2010.
Employment Tribunal Litigation
At Douglass Simon Solicitors, we try to settle disputes efficiently and cost effectively before any claim is issued with the Employment Tribunal. If however a settlement is not possible, we are experienced in Tribunal litigation.

Our employment team are experienced litigators and regularly pursue and defend complex claims in the Employment Tribunal, the County Court and the High Court. They also have significant experience of dealing with appeals and judicial review applications against public bodies. We are therefore very familiar with the litigation process and the tactics used by our opponents.

Other Services

Testimonials

“I am grateful to your solicitors [Douglass Simon] for their carefully constructed bundle of documents, their focused and limited grounds, and their cogent argument. These fea

Upper Tribunal Judge Edward Jacobs on an application for Judicial Review

“The notice of appeal shows that the appellant submitted detailed grounds of appeal highlighting how the decision breached her article 8 private life ties… A wealth of d

First Tier Tribunal Judge Phull

“The Appellant’s case is fully particularised in the Grounds of Appeal submitted by the Appellant’s current Solicitors, Douglass Simon.”

and

“I

First-tier Tribunal Judge A. Khawar granting an Appeal based on the income threshold and subsisting relationship under Appendix FM of the Immigration Rules

“…it is arguable that the Judge’s reasoning is flawed for the reasons set out in the grounds [prepared by Douglass Simon Solicitors]

Upper Tribunal Judge Allen granting permission to appeal on a complicated asylum matter from the First-tier Tribunal

“…the decision is subjected to detailed analysis…”

Designated Judge of the First-tier Tribunal Digney on an application for permission to appeal to the Upper Tribunal on a complicated asylum matter

“As this arguable error of law has been identified [by the appellant’s representative] all the issues raised in the grounds are arguable.”

First-tier Tribunal Judge Osborne in a decision granting permission to appeal to the Upper Tribunal as to whether ‘time’ can be a legitimate aim to a proportionality assessment under Article 8(2) of the ECHR

“As [the] grounds make clear…”

Upper Tribunal Judge Eshun in agreeing with our Grounds for Permission to Appeal and granting permission to appeal to the Upper Tribunal by finding that the First-tier Tribunal made an error in its approach and interpretation of the EEA (Immigration) Regulations 2006

“In light of the detailed submissions in the skeleton argument upon which I indicated that my preliminary view was favourable…”

Judge of the First-tier Tribunal Roopnarine-Davies in allowing an appeal on a legal point of construction in respect of the Domestic Worker Rules and Statement of Changes HC628;

“The notice of appeal was accompanied by detailed submissions by the Appellant’s solicitors which I have read…
I agree with [their] analysis…”

First-tier Tribunal Judge S J Widdup allowing an appeal in respect of an EEA appeal under the Imm. (EEA) Regulations 2006 and the Secretary of State’s duties on the approach to evidence of exercising Treaty Rights

“The claim [presented by the claimant’s solicitors]…is arguable…based on errors of law and/or reasoning.”

Stephen Morris QC sitting as Deputy High Court Judge in granting permission to apply for Judicial Review in complicated human rights case involving adult siblings and a child alleging sexual abuse

“A plethora of evidence was submitted…”

and

“The Respondent did not have the power to dispose of an application in such a way. Returning documents

Referring to (and agreeing) with our submissions in the Grounds of Appeal (and described orally in proceedings as “innovative”) that the Home Office practice of administratively returning EEA applications on account of insufficient evidence but falling short of making an “EEA decision” in order to bypass the right of appeal in Regulation 26 of the EEA (Imm) Regulations 2006, is unlawful (ultra vires).

“The grounds [submitted by Douglass Simon Solicitors] complain, arguably rightly, that the respondent’s decision to refuse the application and her daughter leave to remain h

Referring to detailed Grounds of Claim on a Judicial Review involving considerations of the child’s best interests under section 55 of the BCIA 2009 Upper Tribunal Judge Perkins considering Grounds of Claim on the papers in relation to an application for permission to apply for Judicial Review

“…a series of energetic submissions made…”

On oral submissions made at a hearing by reference to grounds of application Upper Tribunal Judge Peter Lane in relation to an application for permission to apply for Judicial Review (renewal hearing)

“The applications were submitted with detailed representations and submissions.”

and

“The notices of appeal are supported by grounds which run to 30

Judge of the First-tier Tribunal Hanley sitting in the First-tier Tribunal allowing an appeal which involved human rights factors arising from shortages in the care industry and the historical wrong of operating a system (a Shortage Occupation List) which was ultra vires under section 3(5) of the Immigration Act 1971 (as amended)

“…a good arguable [claim] for both claimants is revealed.”

HH Judge Anthony Thornton QC sitting as a judge in the High Court (Administrative Court) in relation to an application for permission to apply for Judicial Review

“The representations went on to weave a rich tapestry of argument, ranging from Aristotle to Lord Mersey, to the effect that there was space for the application to succeed wit

Immigration Judge M Symes in the First-tier Tribunal in allowing an Appeal which involved consideration of Paragraph EX.1 of Appendix FM, Human Rights and other discretionary factors.

“…very detailed, addressing each point of the Refusal in turn….a key ingredient in the amended grounds of appeal is that the Appellant is treated as a member of [the emplo

First-tier Tirbunal Judge R Sullivan in allowing an appeal on the papers following written submissions which applied the Court of Appeal’s ruling in Nambalat v Taher & Anor [2012] amongst other references to the case-law and policy

“I hope I do Mr. Sowerby’s [Barrister] submissions no disservice if I say that they did not materially add to the detailed and helpful grounds of appeal [prepared by instruc

Upper Tribunal Judge Moulden on an appeal which involved consideration of the Home Office’s policy on ‘evidential flexibility’

“If [the facts] are as asserted [by the appellant’s solicitors]…it is arguable that the decision was infected by a serious want of fairness”

Lord Justice Laws in the Court of Appeal granting permission pursuant to the second appeals test under Upper Tribunal Order 2008 (SI 2008/2834)

“It is the most learned pleading I have ever seen….it is a very serious document.”

Immigration Judge Blake in the First-tier Tribunal on grounds of appeal submitted in relation to Articles 8, 6 and 12 of the ECHR

“….the detailed grounds of claim…display a good knowledge of human rights and immigration law….”

On an application for Judicial Review before the Administrative Court - Mr. Justice Mitting in the Administrative Court

“In well crafted grounds of appeal prepared by the appellant’s solicitors [Douglass Simon]….the representatives were alert to the substitution of that paragraph by

Immigration Judge M. B. Hussain in the First-tier Tribunal

“The…evidence [provided by the appellant’s representative] is most comprehensive….it is carefully set out…”

Immigration Judge JR Devittie in the First-tier Tribunal

“I find that the reasons given by the respondent for refusing the appellant’s application lack any substance and that the same have been adequately and satisfactoril

Immigration Judge Pedro in the First-tier Tribunal

“Detailed grounds of appeal were prepared amounting to 14 pages of the appellant’s bundle….an attempt to explain how this could be made in an entirely innocent way

Immigration Judge Ferguson in the First-tier Tribunal

In dismissing an appeal by the Secretary of State in the Upper Tribunal “….as clear as day that these grounds [by the Secretary of State] are misconceived and should not

Upper Tribunal Judge Kopieczek

“The Appellant’s solicitors have set out at some length and with great force the arguments and the law….I agree with [them]…”

Immigration Judge Graham Campbell in the First-tier Tribunal

In allowing an appeal on a Tier 2 Points Based System matter “….Grounds of Appeal submitted on his behalf by his solicitors, Douglass Simon…are set out over thirteen p

Immigration Judge Sharp of the First-tier Tribunal

“There is…a detailed review of the law…in some considerable detail…”

Immigration Judge Sharp of the First-tier Tribunal

“It is also clear from the case-law in relation to the CCOL…to which Douglass Simon referred in the covering letter to the application that the mere obtaining of the CCO

Judge Randall of the First-tier Tribunal

“The appellant’s solicitors have submitted Grounds of Appeal. It is very detailed…the relevant parts are indeed very illuminating.”

Judge NMK Lawrence of the Firs-tier Tribunal in relation to the policy classification of "graduate level" jobs within Tier 2 of the PBS

“The [well-written] lengthy grounds seeking permission to appeal challenged the interpretation of the Rules and the Article 8 findings on 5 separate grounds.”

Upper Tribunal Judge Coker

“The grounds …are well argued and argue, inter alia, that Shahzad (s85A: commencement) [2012] UKUT 81 (IAC) applies. That may well be so…All grounds may be argued.R

Designated First-tier Tribunal Judge Manuell

“The appeal was … realistically therefore argued [by the Appellants’ solicitors] relying on the impact on return….”

Immigration Judge Shamash

“…ingenious argument…”

Designated First-tier Tribunal Judge Manuell

“…full and detailed…”

First-tier Tribunal Judge O'Garro in relation to the submitted grounds of appeal

Employment Personal

Funding Options

Settlement Agreements

Discrimination

Unfair Dismissal

Redundancy

Employment Tribunal Litigation

Other Services

Testimonials