Some of the most common questions that are put forward by people who wish to make a claim against their employers are, “how will this affect my work life?” or “will this reflect badly on me/ will I be blacklisted?” The first thing you should know is that any retaliation by your employer is likely to be illegal and can result in further legal action being taken against them. Here are some of the key things you need to know when making a claim against your employer.
Many people worry that making a claim against an employer may result in them being fired or victimised. If you were injured in the workplace and the proper measures were not taken to insure that any accidents could be prevented then you are legally entitled to claim compensation. Due to the nature of employment law you are comprehensively entitled to making a claim under the same rules that allow you to report employment discrimination or sexual harassment without fear of repercussion or retaliation by employers.
Types of retaliation
In some rare cases your employer may become unfriendly towards you and retaliate by not inviting you to social events or being impolite towards you. These minor slights are not considered to be ‘retaliation’ and you are not protected from harming their personal feelings towards you. However, if they react in a more severe way that damages your professional reputation or character then it is illegal and can result in a further legal case. These forms of retaliation include:
- False criminal charges
- Refusal to give a reference or giving unjustified negative reference
- Refusal to provide shifts/ reassigning job duties
- Excluding you from training, meetings and other work activities
- Any change to pay ie: suspension without pay, decrease in salary, not giving a promotion etc.
- Organised exclusion/ bullying by co-workers or supervisors – these count as retaliation if management does not intervene
- Unlawfully firing you or refusal to rehire
If it is found that your employer has been using any of these retaliation tactics against you during or after your claim then you need to take note of it. This is completely illegal and can be used to help develop your legal case against your employer.
Effect on the future
Your professional life should not be drastically altered by making a claim against your employer, however there could be damage to your professional life if the injury is particularly serious. For example if you’re a builder and you lost the use of your legs it would be very difficult to return to your previous job and the employer may need to reassign you to work around a disability. It is completely illegal for your employer to dismiss you as a result of you making a claim against them. There are over 1.2 million people in the UK who are injured at work and claim against their employers for compensation – if their employers fired them for making a claim then the UK’s unemployment figure would see a huge rise!
It is only natural that you would be worried about the consequences of making a claim against your employer; the last thing you want to do is harm your future by being blacklisted or fired. We’ve stated how you are protected against workplace retaliation and unlawful dismissal, but to ensure both sides leave happy then you need to have the best law firm in charge of your case. An excellent legal firm not only provides you with the confidence that you’re in good hands but are likely to help create a positive outcome for you and your employer.
About the Author – Hugh James are a Top 100 law firm that specialise in employer liability claims which can either involve an accident or illness as the result of those you work for. If you’re looking to take legal action against your employer then Hugh James’ specialist compensation solicitors can help get you the best result for all parties involved.