When to Take Your Employer to Court

When to Take Your Employer to Court

When you have found a job that you like, it can be disheartening to discover that one person is making it more difficult or less enjoyable. You can try and resolve this issue through the correct channels of HR but if that fails then you may need to look at the chain of conflict resolution. If you find it useless or inefficient then you may be able to take your employer to court. When it has not been possible to resolve your employment dispute then you may want to seek legal representation for workplace issues.

What is a workplace employment tribunal? 

An employment tribunal is where employment law cases are heard and resolved. They are not as formal as criminal proceedings, but the tribunal can help you achieve a legal resolution with your employer. They only occur when the dispute resolution processes have failed and there are no early conciliation possibilities.

What can you bring to an employment tribunal? 

Almost all claims coming from the workplace can be resolved through a tribunal. They usually occur when there has been a deduction of wages unlawfully, discrimination, unfair dismissal, redundancy, or harassment. You only need to go to a civil court when there has been a breach of contract disputes and any claims regarding accidents.

How to know if you qualify for a claim?

There are two important considerations that can affect whether your claim can progress to a tribunal. These are down to the duration of service with your employer and the time limitations that apply to issuing your claim. When it comes to your duration of service, you need to have worked for your employer for 2 years unless your dispute falls under discrimination, deduction of wages, or unfair dismissal.

Even if your claim is exempt from the 2-year rule, strict time limitations will be important to your claim. To make sure that your claim is at the employment tribunal you must do it within 3 months from the matter on which your dispute rests. It is common for many claimants to miss this time limitation and so if you have experienced any issues in the workplace then you should act quickly.

What can you expect? 

When a tribunal approaches, it can be daunting to go to. It is not as formal as a regular courtroom, but it can still be intimidating. You will still be giving all of your evidence under oath, and you will be expected to behave in a correct and proper manner. You should dress smartly and make sure that you do not disrespect the procedure. This can help with your case and aid you in seeking compensation.

Taking your employer to court

This is not an easy thing to do. However, when you feel that you should then you seek out legal representation. They will be able to help you see if you have a case. You should not hate going to work. If you do then maybe it is time to tackle that problem and maybe take your employer to court.

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