Employment Law: For Help When You Need It
Welcome to the minefield that is employment law. This part of our legal system usually eludes as many employers, as it does employees. Some helpful advice and where and how to claim assistance is always going to be a good thing.
During this current economic climate, it is an unfortunate fact that many employers are leaving their workforce feeling grateful for the job they are managing to hold on to. Their mentality will often be that their staff should think themselves lucky to still be in a job; especially when thousands of people are joining the ranks of the unemployed every month.
The very best employer will be one that employs a team of Human Resource personnel that have actually been instructed in employment law. Alas though, this may rarely be the case. All too often, companies may fumble along without any real appreciation for the legal responsibilities they should adhere to. This is where a claim may arise in employment law.
The main reasons for an employee to be forced into seeking legal representation is where they have been treated unfairly in some way. This may be through a breach of their employment contract or it may be as a consequence of harassment.
In such circumstances, an employer may already be aware of the fact that they have broken the law in some way. Often, this will not prevent them from doing so. They will count on the fact that employees will be intimidated by them and will not be inclined to approach a legal representative over the head. In short, they bank on the fact that their member of staff would not wish to rock the apple cart and potentially risk their job.
This is the most fundamentally important consideration where employment law is concerned. An employee’s livelihood will be at stake here and trust me, the employer will always know this and use it to their advantage.
There are times where an employee will need to bite the bullet and seek to action against their employer. Otherwise, they would only ever be left with one alternative - to leave the role of employment and allow the employer to get away with their unlawful behaviour on the next person. Unfortunately, this is usually the route the majority of people would be inclined to take and that is such a shame.
If you do feel that you have been left with no other way out, you should approach a legal representative as soon as you can. If you are unable to afford assistance, employment law is covered under legal aid and The Legal Services Commission may be able to pursue your case for you. To begin with, they will be able to advise you on your legal position, they will then tell you whether or not your employer has broken the law and will take steps to ensure that this stops immediately and you are placed back into the position that you were in before.
There are times where a case may become more serious; an employment tribunal may become the next step. This is a time where you will certainly need a legal representative and some unions may also be able to help you with this. However, a firm of solicitors will definitely carry more weight at the end of the day; especially if there is not official recognition of the union in your place of work.
Having to deal with employment law claims is always going to prove to be an extremely stressful event in your life. I am not about to tell you anything other. That said, there are times when you have to do the right thing. You simply cannot allow an employer to get away with unlawful behaviour. Most people in life run away from such responsibility and this is the main reason why so many employers have been permitted to become as tyrannical as they are today. In short, stand up for your rights, because no one else will ever do it for you!