15 Apr A “WHAT IF……” SCENARIO. Look before you leap.
What if you are, working for your employer as a member of domestic staff when out of the blue (as far as you are concerned) your employment is terminated.
Hine Legal gives the following advice:
Out of work, with financial obligations, you may well consider taking your employer to a tribunal for unfair dismissal as a means of redress. It is indeed an avenue open, and if successful may well result in your being awarded several thousands of pounds.
However, not every dismissal is unfair or discriminatory; there are time limits for bringing a claim.
Employees may often be concerned that a future employer may find out that they have taken legal action which may well make it more difficult to obtain similar employment,
Are there other options? Perhaps the first step you should take is to seek legal advice to assess how strong a claim you have and what the cost would be. You could also consider liaising with your employer to reach a mutually agreed and confidential settlement, which can be entered into even after your departure.
You might also ask your ex-employer for a reference, They may refuse – employers are generally not obliged legally to give a reference. If they were to write a negative report, this could also be grounds for you taking legal action.
So what DO you do?
It will depend upon the merits of your potential claim based on the facts and what you want to achieve. You will need to fully consider the situation “in the round”, and weigh up the possibility of a financial award against the potential pitfalls and the other options, We would recommend Hine Legal if you wish to take advice.
These are difficult choices, but facts of life are often difficult to swallow.