Making A Claim Against Your Employer? What You Need To Know

The prospect of taking legal action can be daunting. If it is against your employer, it only intensifies this feeling. You begin to ask yourself questions like: could I lose my job? Will it change things at work? Fortunately, the law is there to protect employees in situations like these.

Employers are required to have insurance in the event of such claims coming forward. It is there to provide employees with a safe environment for them to work.

If you find yourself in a position where you have to claim against your employer, here are a few things that you need to know.

Check Eligibility

Before you consider bringing forward a claim, establish if you are eligible first to submit. You might have to be either an employee or worker instead of someone self-employed. Another factor is if you have the required service to bring forward a claim. For example, if you were claiming unfair dismissal, you must have two years’ service at the company. Many other claims there is no minimum service required.

Aware Of Time Limits

Claiming an employment tribunal should be made within three months. For instance, if you were claiming unfair dismissal, you would have three months from the day that your employment ended to make a claim. If the claim put forward is about equal or redundancy pay, it has to happen within six months.

Consider Internal Procedure First

Whilst it can be easy to submit your claim and get the process moving, consider an alternative option. Bring your internal grievance forward to your employer to see if you can resolve your complaint without the need of taking further action.

Should you decide to continue and bring a claim, the notes and information from the internal meetings you had can be evidence to support your case. If you fail to pursue an internal procedure first, it could count against you in any subsequent claim. As a result, it could affect the compensation awarded to you.

Seeking Support

If you cannot reach an agreement internally, you will have to invest in support from a qualified solicitor. Many people fear that they will have lost a significant amount if they were unsuccessful with their claim.

However, some solicitors offer no win no fee employment claims to each of their clients. The main benefit is that the costs for services waver if you were unsuccessful with your claim. Having this knowledge can be a weight off your shoulders when going through the process of putting forward your claim.

Bringing a claim against your employer can be a daunting concept. However, remember that legally they are prohibited from subjecting you to any poor treatment during this time. Included in this is being dismissed because of the claim you have made. If you feel you are experiencing ill-treatment due to your claim, you should seek legal advice. You may find that you can claim in the employment tribunal against your employer.

For more information visit the Spencers Solicitors website