Different Employment Rights

We like to explain to our clients the three main sets of rights available to an employee under UK law when we are advising on the terms of a settlement agreement:

Contractual rights – these are those rights set out in an employee’s contract of employment, such as job title, holiday entitlement, notice period and right to be paid salary and other benefits. Rights can be expressly set out or implied. For example, there is an implied term of mutual trust and confidence in every contract of employment. The breakdown of trust and confidence between an employee and an employer is one of the most commonly cited reasons in constructive dismissal cases.

Common law rights – these are those rights that derive from the general law in relation to treatment by an employer towards an employee such as negligence or defamation. These types of claim can generally only be pursued in the high court to county court.

Statutory rights – these are those additional rights that can be found in UK statute. These types of claims can normally be pursued in an employment tribunal. Typically these types of rights are:

  • the right not to be unfairly dismissed (usually only available to those employees with more than two years’ service.);
  • the right to a statutory redundancy payment (only available to those with more than two years’ service);
  • the right not to suffer unlawful deductions from wage;
  • the right to receive the minimum wage
  • various maternity and paternity rights
  • The right not to be discriminated against contrary to the Equality Act 2010. This covers direct and indirect discrimination, harassment and Victimisation. It applies to discrimination on the grounds of race, sex, religion or belief, sexual orientation, and disability to name a few.
  • The right to be accommodated by your employer who must make reasonable adjustments if you are a disabled person for the purposes of the Equality Act 2010 Please note this is not an exhaustive list.

The terms of the settlement agreement will generally set out the rights/claims that are being waived by the employee and this could include contractual, common law and statutory or all three. We will as part of the process of advising you about your settlement agreement normally ascertain whether you have any viable claims and also as to the value if any in those claims. All options will be put to you and we will put you in a position whereby you feel fully appraised and able to make an informed decision before accepting an agreement.

For more information please contact us on 0113 322 9222 to speak to one of our employment law specialists.

Our Employment Law Team

Marie Walsh
Employment Solicitor & Workplace Mediator

Marie Walsh is a fully trained workplace mediator. As an employment law solicitor and mediator, Marie has a wealth of experience assisting parties inside and alongside the workplace mediation setting.

Andy Boyde
Associate Employment Law

Andy Boyde is a former professional rugby union player and employment solicitor. Andy qualified as a solicitor in 2015 and specialises in advising individuals, owner managed businesses and SMEs. Andy provides sensible, straight-forward and commercial advice to his clients.

Victoria Horner
Senior Associate, Employment Law

Victoria is an associate at the firm and an experienced solicitor in the Employment team. She provides expert practical advice and assists both individuals and Commercial clients. Victoria is approachable, reliable and straight talking.

Emma Cartlidge
Employment Law Solicitor

Emma has a joint honors degree in English Literature and Philosophy from the University of the West of England, Bristol. Emma has completed the Graduate Diploma in Law at the University of Law in Bristol and the LLM Legal Practice Course at Leeds Law School.

What our clients say about Consilia Legal on

  • review rating 5  Very professional and got the right result for me in a very timely abs efficient manner. Great service, good advice and an excellent result I couldn’t have got on my own

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  • review rating 5  Marie and her staff have been very helpful. Marie had assisted me previously with an employment law issues so I had no hesitation in engaging her again. She helped me through an unpleasant job related matter when I was at a low ebb and feeling unable to fight my own corner. As before Marie gave sound, straight forward advice and took over the handling of communication with my employer until the matter was resolved. When I had to take action myself Marie was always there to consult if I was worried about something. I would thoroughly recommend Consilia Legal to anyone.

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  • review rating 5  Marie, Andy, Victoria and Emma were exceptional in their help, advice and support – all done with a non-nonsense super friendly approach. Really took the stress out of a difficult corporate employment process. I felt safe and confident in their capable hands, recommending them highly.

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  • review rating 5  Received a really good service from Marie and the team including Emma, who offered valuable support throughout. I contacted Consilia following a recommendation from a union representative. Was given great advise through her trusted associate who offered an accurate and professional assessment. Marie secured a really good outcome due to her knowledge, perseverance, conscientiousness and genuine desire to try and get the best outcome on my behalf. A lot of genuine empathy and respect expressed and a brilliant negotiator. Very well informed, experienced and brilliant communicator. True to her word re costs as discussion was upfront and honest. Very reasonable rate compared to other firms. Would recommend to others Thank you very much!

    thumb Elaben Mistry Jackson
  • review rating 5  Excellent service from Laura Clapton guiding me through a difficult divorce process. Super efficient, professional and carries out the work with understanding and compassion for your situation. Would highly recommend and have already recommended.

    thumb Jo Allan

Awards and Accreditations

Laura Clapton
Director, Family Solicitor & Mediator
0113 887 4672
0786 023 2975

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Marie Walsh
Director, Employment Solicitor & Mediator
0113 887 4670
07736 252 681

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Emma Cartlidge
Employment Law Solicitor
0113 887 4674

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Andy Boyde
Associate Employment Law Solicitor
0113 322 9222

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Victoria Horner
Senior Associate, Employment Law
0113 887 4673

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