In many cases where you have felt unfairly treated by your employer, either in a contractual sense for a job role you are still involved with, or due to perceived unfair dismissal, it can often feel like you are all alone with no help. This isn’t true; if you have genuinely had your employment rights trampled on by a current or ex-employer then you can take legal action against them.
Your employment contract offers a detailed agreement of everything that is expected of you throughout your time as an employee of the company you are signing to work for. It isn’t just that however, it should also state exactly what is required from your employer, the responsibilities they have in relation to your employment. This includes the hours you are expected to work, the amount you are paid to do so, and with which regularity.
If you decide the only option open to you is to pursue legal options against your employer, you must be prepared to leave your job. This is in cases where you are not suing for unfair dismissal. There are a few steps you should be taking to bolster your case against your employer. These should be taken during any grievance at the time of your employment, up until the date legal action is taken. They include:
Understanding Your Rights – Each company is different, so look to the company’s grievance policies and the procedures they have in place to deal with such employee issues. The Human Resources department of the company should be able to provide you with this information.
Always Keep Notes – It can be difficult to prove your employment rights have been breached without hard evidence. Keep a journal of observations and direct experienced you have had that corroborate your claims against your employer.
Make an Official Complaint – This is an important stage of the entire process and becomes vitally important should you end up taking legal action. Inform your HR department in writing of your specific grievances, and if applicable also inform your trade union representative.
Don’t Get Blocked – If you feel your employer has not reacted in the right manner to your official letter of complaint don’t feel like your route is blocked. Speak to Citizen’s Advice Bureau, as well as employment law specialists, about taking the matter to an employment tribunal if left unresolved.
Take Legal Action – At this stage you will require the assistance of solicitors who understand how to successfully make a legal claim against your employer. They should offer honest advice and full support from start to finish, helping you to claim for past loss of earnings, as well as injured feelings in some cases. For unfair dismissal cases the individual has only three months from the date of dismissal to make an Employment Tribunal claim, so don’t think too long about your options.
Hiring solicitors well versed in employment law will help you to fully understand your rights, as well as gain valuable insight into the likely success of your claim against your employer.