FAQs

Your employer is permitted to terminate you for poor performance, misconduct, lack of business or some other substantial reason. An employer can’t violate the terms of your employment contract in dismissing you. An employer should also not dismiss you unfairly. That means you should keep your job if your performance is good, you have not committed any misconduct, your role is still required and there is no other substantial reason for dismissal. The extent of your rights will depend on your employment contract, how long you’ve been employed, the reason for the termination and how it was put into effect.

An employer is prohibited from dismissing you because you are a woman, member of an ethnic minority or a particular religion, are pregnant, disabled or gay, too old, or have other ‘protected characteristics’.  

The law limits the period in which you can assert your rights, so don’t delay getting to grips with the situation. The majority of employment claims in England have a three-month limitation deadline. If you do not file with Acas before that deadline, you may lose the ability to bring your claim in the Employment Tribunal. Internal grievance procedures do not delay this deadline, so you should not wait until the end of an internal procedure to seek advice.

Redundancy is one of the few types of dismissal you do not have a legal right to appeal. However, most employers believe it is best practice to allow an appeal. You should lodge it as soon as possible, putting in writing your reasons for why you should stay employed. What you are entitled to financially will depend on your employment contract and how long you have been employed.

To show direct discrimination, you need to show you are being treated worse than someone who doesn’t have the same protected characteristic as you – this can be either an actual person or a hypothetical one. Protected characteristics are age, disability, sex, race, religion and belief, sexual orientation, pregnancy and maternity, marriage and civil partnership and gender reassignment.

First decide whether or not you can resolve this informally. Can you discuss your concerns with your line manager, an HR manager, or a trade union representative? You may also be able to tell the person who is bullying or harassing you to stop, as they may be unaware their conduct is offending you.

If you can’t solve the problem informally, your employer may have a harassment procedure which outlines how to make a complaint. Alternatively, you can file a grievance, setting out the reasons for your complaint. Under either procedure, your employer should investigate and decide what steps to take. This may include moving the harasser to another department, retraining them or, if their behaviour amounts to gross misconduct, terminating their employment. Your firm should have a published grievance procedure to follow. 

If things persist, or if your employer does nothing, you may wish to seek legal advice to better understand your rights. It is best to do so promptly, because your claim is likely to have a time limit.

No. To make a case of victimisation or whistleblowing detriment, you need to show that you have been put at a disadvantage or suffered a detriment such as dismissal or blocking a promotion. However, there can be more subtle forms that may also be relevant, such as requiring lots of unpopular night shifts or refusing requests for annual leave.

As an employee, under the terms of the agreement you will receive a termination payment, some of which (if not all) will be tax free. You may also be able to agree a reference that can be given to prospective employers. Your employer enjoys the assurance that you will not a bring a claim against it in the future. Many settlement agreements include mutual promises of confidentiality and that neither party will disparage each other. However, in some cases involving harassment or assault, a non-disclosure agreement relating to the underlying facts is inappropriate.

It is a legal requirement that you take advice on the settlement agreement, in order for it to be legally binding. By taking advice, you will understand the full extent of the legal rights and claims you are giving up, as well as whether the terms are enough to compensate you for losing your job. Sometimes, settlement agreements are not easy to understand and a lawyer will help you navigate the complex legal jargon they often contain.

Ideally, you should contact a lawyer as soon as possible and as far in advance of your termination date as you can. A lawyer can help you to achieve the best possible termination package in light of your current employment dispute, and resolve issues about the proposed terms of your settlement agreement.

Sex-based harassment is considered discrimination based on sex, which is unlawful under the Equality Act 2010. If you think you are being harassed, you should contact your school and file a complaint. Collect any evidence you think is relevant, like screen shots, emails and text messages. Keep a log of significant events. If there were particular incidents witnessed by other people, keep a record of their names. You can contact a lawyer at any point—when you think you are being harassed, before you file your complaint with the university or when you think about appealing your school’s decision. The time limit for bringing your claim may be as short as six months from the last discriminatory or retaliatory act, so you should not delay in seeking advice or you may lose the ability to bring your claims in court. Solicitors can help you navigate the situation and prepare you for administrative proceedings at your school. You will also be likely to need a lawyer if you decide to sue your school in civil courts.

Alternatively, or in addition to contacting a solicitor, you may wish to pursue a complaint with the Office of the Independent Adjudicator within 12 months of receiving a Completion of Procedures Letter from your university. Solicitors can help you navigate this process too.

If you feel unsafe and threatened on campus because of someone who is harassing you or has sexually assaulted you, you should talk to your on-campus police or security so that they help protect you. You can also contact local police. You may be able to access campus police by calling them directly, or via a dean, advisor or counsellor. If you feel you are in immediate danger, call 999.

You should start collecting evidence, for example, take screenshots of text messages, save emails and write notes whenever somebody retaliates against you in person or over a phone call. You should always start each note with date and time of the incident and names of people who were present. Having your evidence organised will help you in making a complaint, whether to your school or in court.

Most employment in the US is “at will,” meaning that your employer can fire you for any reason. There are some limits on this right which vary by state.   

If you have an employment contract, an employer should not dismiss you in a manner which is inconsistent with the terms of your contract.

Employers may not fire you because you are a member of a protected class, for example because you are a woman, because of your sexual orientation, or because of your disability. The extent of your rights will depend on your employment contract, how long you’ve been employed, the reason for the termination and how it was put into effect. The law only gives you a limited time period in which to assert your rights, so don’t delay getting to grips with the situation.

To show direct discrimination, you need to compare your treatment with that of someone who doesn’t belong to the same protected class as you – this can be either an actual person or a hypothetical one.  Federal law prohibits discrimination on the basis of race, color, national origin, religion, sex, age and disability. State laws, which vary, may provide additional protections, for example based on marital or family status.

First, decide whether or not you can resolve your work situation informally. Can you discuss your concerns with your line manager, an HR manager, or a union representative? You may also be able to tell the person who is bullying or harassing you to stop, as they may be unaware their conduct is offending you.

If you can’t solve the problem informally, your employer may have a harassment procedure which outlines the steps you can take to make a complaint. Your employer should carry out an investigation, consider if your complaint should be upheld and what steps to take. This may include moving the person responsible for the harassment to another department or terminating their employment.

If things persist, or if no action is taken by your employer, you may wish to seek legal advice to better understand your rights. It is best to do so as quickly as possible as there is likely a time limit on any potential legal claim.

No. To make a case of retaliation, you need to show that your employer has taken an adverse action against you that (1) changes the terms and conditions of your employment, or (2) is likely to have a chilling effect on someone else who might consider making a similar complaint. Termination or a demotion are clear examples of an adverse action, but there are many more subtle forms of adverse treatment, such as requiring a disproportionate number of unpopular night shifts or refusing requests for vacation, that may also be relevant.

As an employee, under the terms of the agreement you will receive a termination payment, and your employer gets the assurance that you will not sue. Many settlement agreements also include mutual promises of confidentiality and that neither party will disparage each other. However, in some cases involving harassment or assault, non-disclosure agreements may be inappropriate. 

By taking legal advice, you will understand the full extent of the legal rights and claims you are giving up, as well as whether the terms are enough to compensate you for losing your job. Sometimes, settlement agreements are not easy to understand and a lawyer will help you navigate their implications for your future.

If you are facing a possible termination, it makes sense to contact a lawyer as far in advance as practicable. A lawyer can help you to achieve the best possible termination package in light of your current employment dispute, and resolve issues about the proposed terms of your settlement agreement.   

Sex-based harassment is considered discrimination based on sex, which is unlawful under Title IX. Schools and universities receiving federal funds are required to have procedures for deterring sexual harassment and disciplining those who commit it. If you think you are being harassed, you should contact your school and file a complaint.

Collect any evidence you think is relevant, like screen shots, emails and text messages. Keep a log of significant events. If there were particular incidents witnessed by other people, keep a record of their names. You can contact an attorney at any point—when you think you are being harassed, before you file your complaint with the university or if you think you should appeal your school’s decision.

Attorneys can help you navigate the situation and prepare you for Title IX proceedings. It is sometimes possible to sue a university for damages if the Title IX proceedings are badly conducted, for which it also makes sense to consult an attorney.

If you feel unsafe and threatened on campus because of someone who is harassing you or has sexually assaulted you, you should talk to campus police or security so that they help protect you. You can also contact local police. You may be able to access campus police by calling them directly, or via a dean, advisor or counselor. If you feel you are in immediate danger, call 911. Alternatively, you can approach the Title IX office, file a complaint and seek a no-contact order against your harasser.

You should start collecting evidence, for example, take screenshots of text messages, save emails and write notes whenever somebody retaliates against you in person or over a phone call. You should always start each note with date and time of the incident and names of people who were present. Having your evidence organized will help you in making a complaint, whether to your school or in court.

The law doesn’t make it easy to get images taken down or to punish the perpetrator. In a period of high stress and upset, it can be hard to weigh all the different legal and practical considerations to decide what to do next. Visit our resources for victims of revenge porn for more options about the next steps you can take.

McAllister Olivarius works solely on civil sexual abuse claims, i.e., claims for compensation. Only the criminal courts can put someone in prison. However, it is possible to have your abuser subjected to cross-examination, declared guilty and ordered to pay you compensation by a civil court.

At McAllister Olivarius we feel strongly that justice should not depend on your ability to pay legal costs. Typically, we will not expect you to pay anything upfront. Most of the work we do with victims of historic sex abuse is undertaken on a no win, no fee basis. This means that if we are successful, our fees will be paid by the other side. We will also secure insurance for you, so that if you lose your claim you are protected from having to pay the costs the defendants have incurred.

There can be some costs associated with bringing a claim. These might include, for example, paying a psychiatrist to evaluate the effect the abuse has had on your life. Most clients pay these directly, but this is not always the case. If you would like to speak with a member of our team about this further, please get in touch.

We understand that the effects of childhood sexual abuse are enduring and that coming to terms with your abuse can be an unpredictable process. Many survivors are unable to speak about it for decades. It can be harder to bring a claim if the abuse happened a long time ago, but many old claims can still succeed. Whether your claim is likely to prevail in law depends on several facts, and we will conduct a careful investigation before advising you whether we think you should proceed.

The death of your abuser does not necessarily stop you from bringing a claim for compensation. If your abuse took place during your time at an institution, such as a school, youth group or church, and you were abused by an employee of that institution, you may be able to bring a claim directly against the organisation itself.

Cases brought against institutions rely on the principle of ‘vicarious liability,’ under which it must be proven that the individual who perpetrated the abuse was put in a position of trust by their employer.

Once we establish vicarious liability, we will develop your case to get you the compensation you deserve. This may include gathering records that show how the abuse has affected you and arranging for you to visit a psychiatrist who can provide an independent analysis of your case. We know this can be a difficult process, but our solicitors will guide you through every step.

Civil claims can proceed without a criminal conviction. Even if you have not reported your abuse to the police, you still may be able to bring a claim for compensation. Generally, it is easier to bring a civil claim if your abuser has been convicted, because the police will already have records and evidence documenting the abuse, but each case is unique. If you would like to speak about the specifics of your case, please contact us.

Even if you do not wish to take your abuser to court, you can still claim compensation for the harm you have suffered. The Criminal Injuries Compensation Authority (CICA) is a government funded scheme which provides compensation to people who have suffered abuse. Awards under this scheme range from £1,000 to £500,000. This may be a good option if you wish to pursue an individual who cannot afford to compensate you or if your abuser has died.

A CICA claim is designed to be a last resort for those who cannot pursue another method of compensation. If we believe that this is the best option for you, we will talk you through the process and give you advice on your application.

As lawyers we are bound by strict confidentiality rules. We have nearly 30 years of experience dealing with victims of sexual abuse and are sympathetic to concerns over confidentiality. We will do everything in our power to ensure that you feel respected and protected throughout your time with us.