Could you get in trouble for making a claim and what about Costs?
Legally, the answer is an emphatic NO
Your employer cannot discriminate against you, penalise or victimise you simply because you are bringing a claim against them for something that happened at work. If you have already left or have been dismissed there is likewise very little that they can do.
Your employer (or former employer) may not like the fact that you have brought a claim arising out of your employment and it would only be human nature for this to impact on the relationship between you but legally they cannot treat you in anyway which would be considered to be unfair.
It would be nice to say that employers live in the real world and realise that employees who suffer ill-treatment at work are perfectly entitled to be compensated for that. But that is not always the case. Some employers will view an action like this as an act of disloyalty and an attack on their business and possibly them personally.
However, if your employer fires you or treats you in any unfavourable way as a result of your making a claim against them then there are other remedies available to you under employment law.
If I win will they pay my costs?
The general rule in the WRC is that even if you are successful your costs will not be paid by the other side. That also means that if you are unsuccessful you don’t have to worry about the other side’s costs either. So, when you are successful, your costs will have to be paid out of any award or settlement that we achieve for you. However, it is important to note that an award does not always cover the full extent of the legal costs incurred and it may be necessary for “you to cover some of your additional costs”. Most people take these cases because they cannot tolerate the way were treated at work, they cannot stomach someone else going through what they went through or they want to clear their name and teach their employer a lesson. To many of our Clients the vindication that they have been unfairly treated is all the compensation they need!
Unlike many other forums for legal redress the WRC does not have the power to award costs. Therefore, each party must bear their own. That can take a lot of pressure off claimants.
Of course, this also means that even if you are successful you must bear your own costs.
What if I lose, do I have to pay their costs?
As already mentioned, win lose or draw (that doesn’t happen!) each party must bear their own costs. When considering the potential exposure to costs at this stage, you are never going to have to worry about their costs, just your own. Whatever the outcome of the case, it is unlikely that you will have to put your hand in your own pocket. Particularly because we can take many of these cases on a no win no fee basis. We have a pretty good idea what a case costs to run in the WRC and because of that we can give you a pretty accurate assessment of what that will be. You will pretty much know on Day 1 what this will cost and how likely it is that we can beat that.
This really only becomes relevant in the event that a settlement is being discussed and what that means to you i.e. how much you can put in your pocket after the fees have been calculated. It will always be an option for you to choose whether you wish to settle or not depending on what those numbers are.
To find out more about what is likely to be involved in your case and to get a free assessment of your case, please go here.
We are a specialist employment law practice. That means that every single day we’re dealing with our Client’s Data Protection and Privacy rights and ensuring that employers are respecting these. We are perfectly placed to not only offer you advice on data privacy and protection concerns but to guide you through its complexities too. We’ve already built up years of experience working with individuals data protection rights, ensuring we’ve gained a comprehensive view of how to offer you the best level of guidance and support.
What we Do
Our dedicated team of professionals has huge experience working on behalf of and with workers in these types of situation. We have the legal knowledge required to guide you through this complex situation and give you the advice and support you need right now. We are experienced at resolving these types of claims quickly and effectively – often without you even having to face a drawn-out battle in Court. Our aim is to work for you to achieve the best possible outcome so that you can move on with your life. We will;
- Listen to You!
- Advise you on your legal rights;
- Take all the necessary legal steps required to make your voice heard and;
- Get you compensation.
With You, Every Step of the Way
Most of all, we will be with you, every step of the way and when push comes to shove, we will be your voice.
Barrack Obama once said “one voice can change a room, and if it can change a room, it can change a city and if it can change a city it can change a nation and if it can change a nation it can change the world”
Make your voice heard and help to change something…
Our service is confidential, discrete and tailored to each Client to fit their individual needs. We will never disclose your information to others.
What do I need to Do Next?
Every month, we offer a select number of potential clients an opportunity to meet with one of our team for a free, no obligation, initial consultation to discuss the options available to you.
At that meeting we will LISTEN
and go through with you every aspect of your case and can give you clear advice about your options, what legal steps you can take to make this stop and we will also explain the whole process and the strengths and weaknesses of your case. If you wish to proceed we will file your claim, draft written submissions and represent you at any Court hearing. Due to high demand and because we only work with a limited number of cases, we only offer 20 appointments a month. We know that these appointments always fill up very quickly. Contact us today to see how we can help you chose the outcome you want. Please also remember that you only have two years from the date of your accident or injury to make your claim so don’t delay, the clock is ticking. After that time limit passes, your claim is what’s called “statute barred”
which means that you can’t make a claim at all after that.
Make An Enquiry
Call us today on 1890 88 90 90 or email firstname.lastname@example.org to find out more about how we can help or click here to make a Free Online Enquiry
and we will soon be in touch to help you.