Many people who want to claim against their employer because of a workplace-related illness or disease can be put off by the prospect of losing their job, whether or not the case is successful. Thankfully though, the law is on your side when you make a claim.
What Are My Rights?
If you've become ill because of conditions in your current workplace, you’re completely within your rights to claim against the company if your employer was responsible. Whether you win or lose the case, you can't be sacked just for taking them to court – your employer must be able to justify their reason for dismissing you in relation to your claim, which is highly unlikely.
If you want to keep on working during your case, your employer has to accommodate you and not discriminate based on your claim. Any changes to the workplace relating to the claim (moving team members away from one another, for example) must impact the offending parties, not you.
What About When I Return To Work?
When you return to work, it's illegal for your employer to discriminate against you purely because of the legal proceedings. This includes:
- Changing your working hours
- Reducing your working time rights (rest breaks, holiday, etc.)
- Demoting you
- Disciplining you
- Reducing your salary
- Reassigning you
- Giving negative evaluations
If you're forced to leave your job because you're not paid (or paid less, if you're demoted), forced to accept unreasonable changes to your contract or are bullied, this is also classified as unfair dismissal.
If these things happen, you could have reason to take your employer to court again – we'll assist you in this process if this happens.
Making a claim against an employer can be a daunting prospect, and it helps to have the experts on your side – if you have any questions or want more information, please feel free to contact us.
Call today on 0800 056 4110 for a free initial consultation. We'll discuss your case, advise you on whether we think you can claim, and answer any questions you might have. There's no obligation to continue at this stage, so you have nothing to lose by getting in touch with us.