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Does Fear Of Losing Your Job Prevent You From Exercising Your Rights?

February 25, 2012 | Comments: 0 | Views: 121

A report issued by the Office of National Statistics has found that almost half of British workers are too scared to launch complaints procedures against their employers, for fear of being made redundant. As the recession looks to be lasting longer than initially predicted and unemployment figures reach new heights, job security is at the forefront of most people's minds, but fear of unemployment could be allowing employers to get away with unlawful practices.

Employment Law.

Employment Laws have been put into place to protect employees suffering abuse at the hands of their employers. Employers have a legal obligation, in the form of a duty of care, to protect the welfare of their workers. In addition, there are other issues covered by Employment Law, such as bullying in the workplace, discrimination and health and safety concerns. In addition, these laws place certain responsibilities in the hands of employees, also protecting employers from being sued by their workers without genuine grievances.

If an employer breaks any of the employment laws, a worker has the right to launch a legal case against them, either for compensation or other legal action. In the case of health and safety legislation there are a number of laws, such as it being the responsibility of the employer to provide safety equipment where required, safety clothes and the necessary training. Should a worker suffer an accident as the direct result of one of these laws being neglected or ignored, the Employment Law provides them with a legal structure through which they can air their grievance.

Similarly, if an employee feels they have been treated unfairly as the result of factors such as their age, sex, colour, disability or religious beliefs, they can also pursue legal action under the Employment Law banner.

Challenging Your Employer.

However, as the report shows, many employees are simply too scared of the possibility of redundancy to follow these claims up. It is often argued that a good employer will welcome any grievance claims, as it gives them the opportunity to address problems in the workplace that they may not have been aware of. In these instances, grievances are seen not as personal attacks, but as legitimate ways to ensure that companies comply with legal structures.

Others worry that they are taking money away from their employers, but it should be remembered that employers should have insurance in place to cover this sort of eventuality. Any compensation paid out will come from an insurance policy, not directly from the employer or their company. However, not everyone feels that their employers are as open-minded as this and, therefore, do not pursue their claims.

What many employees fail to realise is that, should they be made redundant as the direct result of launching a legitimate claim, they are then able to take their employer to court for unfair dismissal. This part of Employment Law was put into place to prevent the very scenario that 49% of British workers worry they may fall foul of.

Being aware of your rights as an employee could well prevent you having to suffer abuse in silence.

The Work Ethic are Employment Lawyers Edinburgh.

Looking for an Employment Law Solicitor?

Nick Jervis is a consultant to the Work Ethic.

Source: EzineArticles
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Fear Of Losing Your Job


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