Protecting your rights as an employee may seem impossible and extremely stressful. The perceived power imbalance between you and your employer makes many feel completely helpless. Since your opinion may be marginalised and decisions are made unilaterally, the hierarchical structure of the workplace makes it impossible for people to assert their rights.
In some cases, individuals are afraid of being fired or penalised in any other manner. However, you are not as defenceless as you may believe. Employment solicitors are lawyers who specialise in providing employees with litigation services. A solicitor’s job is to ensure that you exercise your rights and that the tribunal system is prepared to assist you. Thanks to job specialisation, employment solicitors understand the nuances and hammer the point home. Therefore, utilising a solicitor’s services puts employees back in charge of their careers.
Unfair dismissal vs. wrongful dismissal
Although unfair dismissal and wrongful dismissal are distinct concepts, they are closely related and can both have serious consequences for employees under employment law.
Unfair dismissal is defined as when an employee is dismissed from work in violation of their rights under all statutory rights. Unfair dismissals include any dismissal that is discriminatory, whimsical, or unreasonable. Any employee who feels they have been unfairly dismissed is entitled to appeal that dismissal through their employment tribunal. In this scenario, an employee would require an employment solicitor to make a compelling case for the tribunal, and lawyers understand the complexities and legalities involved and how to present a successful case.
Wrongful dismissal means the employer violating the employee’s contract by dismissing the employee. Wrongful dismissal cases are common in civil courts rather than employment tribunals. However, a worker must discuss the matter with their solicitor, who advises whether or not the employer’s actions constitute a wrongful dismissal and how to pursue a suitable remedy, such as compensation for loss of earnings.
Both unfair dismissal and wrongful dismissal require an employment solicitor to offer the employee their expertise to make sure their rights are secure and maintained.
Discrimination and victimisation at work
Discrimination is treatment that is unjust or prejudicial against people with established characteristics like race, sex, age, disability, and sexual orientation.
Victimisation, on the one hand, is the mistreatment or revenge that an employer or supervisor made on an employee due to complaints made by the latter.
Employees who are discriminated against or victimised may feel threatened to lose their jobs or be dismissed; others may work with great disdain since they are made to feel not wanted. Employees should consult with employment solicitors to advise on the law and where to get help or to know their options.
HR processes: grievance procedures and contract negotiation
While an employment solicitor isn’t mandatory to go through some HR processes, it’s a good idea to have one by your side when you are going through grievance or contract negotiation.
When employees face challenges or disagreements on any issue at the workplace, they may be required to invoke grievance procedures to address issues. The process typically involves filing a written grievance that outlines the problem and resolution sought through the appropriate channel. Employees may require employment solicitors to help them prepare the grievance to ensure clarity and to articulate their issues and representation in grievance hearings if necessary.
Employment contracts generally require intentional negotiations to ensure the best outcome for both parties. Employment solicitors usually help employees evaluate their rights and obligations while reviewing contracts to get fair terms and agreements. Thus, employees can utilise employment solicitor services to negotiate agreements that are fair and enhance their rights and interests in the employment contract.
Managing your exit – Redundancy and whistleblower
What do redundancy and whistleblowing have in common? These may require a solicitor’s support to ensure nobody is planning an exit strategy for you.
During redundancy, an employee may be unsure or under dispute concerning amounts to receive. Statutory redundancy payments may vary depending on the length of service. A worker has a right to be paid during redundancy, and the amount depends on the statutory formula for calculation. The best advice for employees is to consult employment solicitors who can assist them in receiving what is legally correct regarding payment. When faced with redundancies, solicitors can examine the calculated amount and negotiate on an employee’s payment behalf; this will help bring about fair treatment in all your employer’s actions.
How is a whistleblower forced to plan for exit? It is legal to report illegal activities or practices in an organisation to appropriate bodies. For whistleblowers, the experience can be agonising because they fear being victimised or dismissed. Legal advice is essential for such employees to ensure a fair hearing and safeguard their rights. Solicitors are knowledgeable about the correct procedures, protection, and legal options, among other things.
Naturally, there are many more cases where, as an employee, you can seek professional legal advice. As a rule of thumb, you want an employment lawyer by your side to protect your rights as an employee.
