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 the relationship between you, but legally, they cannot treat you in any way 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 are perfectly entitled to compensation. 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, the other side will not pay your costs. That also means that if you are unsuccessful, you don’t have to worry about the other side’s costs either. So, when you succeed, your costs will have to be paid out of any award or settlement 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 of 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 the numbers. Please go here to learn more about what is likely to be involved in your case and get a free assessment.
We are a specialist employment law practice. That means that we’re dealing with our Client’s Data Protection and Privacy rights every day and ensuring that employers respect these.
We are perfectly placed to advise you on data privacy and protection concerns and guide you through its complexities. 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 situations. We have the legal knowledge required to guide you through this complex situation and give you the advice and support you need.
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. We aim to work for you to achieve the best possible outcome so 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 needs. We will never disclose your information to others.
What do I need to Do Next?
Every month, we offer several potential clients an opportunity to meet with one of our team for a free, no-obligation initial consultation to discuss your options. 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 and what legal steps you can take to make this stop. 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 choose your desired outcome.
Please remember that you only have two years from your accident or injury to make your claim, so don’t delay. The clock is ticking. After that time limit passes, your claim is called “statute barred”, meaning you can’t make a claim.
Make An Enquiry
Call us today on 051 841 641 or contact us online, and we will soon be in touch to help you.
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