Being involved in an Employment or Workplace dispute can be an extremely stressful period for both employee and employer ….. yes, for an employer also! At Morgan McManus Solicitors, where we have advised clients in Employment Law disputes for many years, sometimes representing employees and other times representing employers. We know that you will more than likely not have been subject to such an experience before and we will always be in your corner.
Employment Law disputes can take many forms. Often, they can develop out of the simplest misunderstandings. Those misunderstandings are not always between the employee and the employer, but can often be between an employee and another workplace colleague …. but this is where the dispute will ultimately give rise to tension between the employee and the employer: because the employer is responsible for ensure that the workplace is a safe environment.
Different types of Workplace Disputes …
We represent parties in Unfair Dismissal Claims (including Constructive Dismissal) , Grievance Complaints, Bullying and Harassment Complaints (including Sexual Harassment), Occupational Stress, Grievance and Disciplinary procedures, and Redundancy Claims.
There are also other issues which can arise, such as Complaints under Protected Disclosures (“Whistleblower Complaints”), Data Protection (where there has been an invasion of the employee`s privacy), Contracts and Self-Employed issues, Restrictive Covenants / Restraint of Trade and Employment Injunction Court Applications.
Representing the Employee …
No employee commences their working career looking for a fight. Each of us want to earn a living and support our loved-ones ….. but tensions can arise at work, often over what will originally appear to be minor matters. Maybe your Line Manager has been treating you badly, not allocating work fairly, misrepresenting what you have said to other employees, speaking aggressively to you? Perhaps you have been given an excessive workload? Maybe you have approached your boss about this, but nothing has been done? Nobody has told you about the Grievance Policy or the Bullying Policy, where issues might have been resolved quickly? You may have made a “Whistleblower” report and feel that you are now being isolated as a result of your actions?
Maybe there is nobody you can turn to? Yes, there is a Union … but the Union represents the workforce collectively and you may believe that the Union Representative has no time for or interest in your case? Perhaps the Union Representative may have a conflict of interest because they are too personally involved with the other worker?
To get straight-forward advice on what you need to do where you are or anticipate being involved in a workplace dispute, make sure to read our Free Guide: “The 7 Immediate Steps I must take if I am involved in a Workplace Dispute”.
Representing the Employer …
As an employer, you simply want to get on with your business. You have enough fire-fighting every day to simply keep your business afloat and put food on the table. The last thing you need is a workplace dispute. This is particularly the case for the small employer who cannot afford a HR department.
Different types of Workplace Disputes …
You never trained or qualified in Unfair Dismissal Claims, Grievance Complaints, Bullying and Harassment Complaints, “Whistleblower Complaints”, Data Protection issues, Workplace Stress or Grievance and Disciplinary procedures.
“I just want to get on with my business …”
The temptation is to put workplace issues on the backburner and deal with the work-in-hand first. The survival of the business must take priority. That is correct, but having proper Workplace Policies and Procedures, including Contracts and Staff Handbooks, is a priority.
Contrary to popular misunderstanding, most Employment Law disputes are not covered by your Employers liability Policy …… check your Policy, if you are in doubt! If you are not covered by Insurance, then your business – or worse still – you personally could be liable for compensation and costs of defending an Employee Complaint before the Workplace Relations Commission. It will not only cost you money but also your time and the time of your staff. Now you have this fire-fighting on top of the other fire-fighting ….. your business might not survive this!
Simple Steps which you can take ….
Make sure every employee has an Employment Contract. Make sure you have Policies and Procedures. If you suspect that, despite your procedures being in place, a dispute could arise, contact an experienced Employment Law Solicitor immediately ….. not every Solicitor has experience in dealing with Workplace disputes.
To get straight-forward advice on what you, as an Employer, need to do where you are or anticipate being involved in a workplace dispute – or have just started in business and don`t want any disputes, make sure to read our Free Guide: “The 7 Immediate Steps I must take, as an Employer, to resolve a Workplace Dispute”.
Let’s start putting things right
If you’ve been hurt or injured and it wasn’t your fault, we understand that you might have lost out financially.
Legal advice is available.