David versus Goliath: fighting for your employment rights

by Commercial Blawg on October 28, 2013

  • SumoMe

Guest post regarding your employment rights.

Sometimes, big companies and organisations just seem intimidatingly big. They loom up in front of you, with their vast corporate structures, challenging you to take them on.

When they decide to turn their negative attentions to you, what can you do?

You can feel very alone and completely helpless. Taking them on just seems like an impossible task – a bit like being asked to clean a battleship with a toothbrush. Not much point even trying, is there?

Well, it doesn’t have to be that way.

Should you fight?

It isn’t the size of the dog that matters, it’s the size of the fight in the dog – as they say. If you feel that you have been unfairly forced to resign from your place of work, there are steps you can take. You don’t have to take it lying down. When it comes to unfair or constructive dismissal, firms like the legal services provided by the Co-op can help.

Not everyone is fully aware of their rights when it comes to employment law. There is often more protection available to them than they realise.

So what exactly is constructive dismissal?

It can be a little tricky to verify but essentially this concerns the notion that an employee has been placed in a position so untenable that they were forced to leave their job.

Were you to bring a claim of constructive dismissal against your employer, you would need to prove that the employer instigated a serious breach of contracts and that you were forced to resign promptly and in response to that breach.

Granted, not every dismissal is unfair and we have all worked with people who don’t seem to be pulling their weight, who place extra strain on others and generally stink out the place.

These individuals can be asked to leave their positions fairly and there are five correct and proper reasons for dismissal:

  • Capability (your ability to do your job)
  • Conduct (the way you behave at work and around your colleagues)
  • Redundancy (if the business is struggling to get by and seriously needs to make cuts)
  • A statutory decision or restriction (a legal matter)
  • Another substantial reason

If you fail on any of the above points or are not up to the job then you can be legally dismissed from the position but there are steps your employer must go through first so its important to check these have been completed.

When there has been a miscarriage of justice, you owe it to yourself to investigate it properly. You don’t need to accept everything your employer does just because they are bigger than you. In a battle akin to that of David versus Goliath, you could overcome the giants and win your case with the right legal help.

Commercial Blawg

Commercial Blawg

Business law blogger at CommercialBlawg
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Commercial Blawg
Commercial Blawg
  • lauralouise90

    Never be afraid to confront your employer is you think they’ve been unethical or crossed a legal line. Especially in a big company where you feel like a number, ensure you’re accounted for! Laura @ Industrial Deafness Claims.

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