Many employees feel that they’ve been treated unfairly by their employer, but do you actually have grounds for submitting a claim to an employment tribunal? It can be difficult to tell, so your best option is to speak to an expert in such cases. However, there are a few things that indicate you may have a case.
Unfair Treatment by Your Employer
Have you been treated unfairly in a way that would stand up in court? Common issues include:
- Workplace harassment from your employer
- Sexual harassment
- Unfair paycheque deductions
- Unfair dismissal
You should look through your company’s procedure policies before you file a claim. This will certainly be used in court, so you should be quite familiar with it and ready to defend your actions. The policy manual will also outline the steps to take to legally accuse your employer.
You Have Evidence
Without evidence, it can be quite difficult to submit and win a claim against your employer. You will need a paper trail, so make sure that you keep track of everything that occurs. You can keep a journal of everything that happens, but don’t forget to write down who witnessed the incidents. These people will be key if you end up in court.
Talk to HR and your trade union representative if you have one. These people will perform an investigation and take a report, which is another piece of paper referring to the problem. This will help you if you need to escalate things.
Less Than 3 Months Have Passed
You have to submit a claim within 3 months of the incident or when you are sacked. This is a very important note, since you may have no case if you wait too long. Your solicitor can advise you on this, as some cases may be permitted a longer timeframe.
You will need to let the Advisory, Conciliation, and Arbitration Service (ACAS) about the claim you intend to make. You can use their free conciliation service to try and sort out the problem before going to court. After this, you’ll receive an early conciliation certificate which allows you to make a claim and your claim will need to be made within a month of receiving the certificate in most cases.
The simplest way to determine if you have a case against your employer is to talk to a solicitor about it. Contact Swan Craig today to find out if you should pursue your case or not.
