How and where to make a complaint; what happens if you don’t receive your compensation – read on!
If you feel that you are not being treated fairly or that your rights are being denied to you, you may wish to take the matter further. REMEMBER – you are automatically protected if you take action to assert one of your many statutory rights. You are covered by this from your first day at work.
As always you have a number of options!
- Firstly you can contact our advice line. For a set fee one of our Employment specialists will call you and talk through your problem, providing up to date and practical assistance.
- Another option is to contact a Solicitor. Employment Law is now too complex and important to be handled by generalist solicitors. You really need advice from a firm which has specialist Employment Lawyers. We are in the process of reaching agreement with law firms who will provide some initial help without a fee being charged. This is not yet available.
Many workers fear that they cannot afford the costs of seeking legal advice. Some Solicitors will provide some free initial advice – ask first!
If you have car or household insurance do check your policy to see if you have legal expenses cover. If you do, speak to your Insurer to see if Employment Advice is covered. You may find that some or even all of your legal costs are covered.
- If you are in a Trade Union, they should be able to assist and advise you. Talk to your Union Representative or a Full Time officer of the union. In some cases the union will provide support to take your claim to an Employment Tribunal, even as far as providing you with a Representative at the Tribunal hearing itself.
- You can make a complaint to an Employment Tribunal. From April 2014 you will be required to speak with ACAS BEFORE you will be allowed to make a complaint to Tribunal.
- Since July 2013 you may have to pay a fee to make any claim in an Employment Tribunal, so it is best to take some advice first. If you would like more information on the Tribunal system and how to apply visit www.employmenttribunals.gov.uk/
- If you have limited income and savings you can apply to the Tribunal for the fee to be waived.
You should not go to a tribunal if your claim is for a personal injury, including Stress at work claims. Tribunals do not handle personal injury claims. You should go to a legal advisor to decide the best and most appropriate route for your claim. If you are not sure which is the best route to use contact our advice line.
- Some claims are better made in the Courts rather than at a Tribunal. Personal injury claims, for example, should be made at a Court as they are not heard by Tribunals. Breach of contract claims for more than £25,000 should also be made at Court, as the Tribunal system only handles claims below this level. You cannot make the same claim in two courts, so it is very important to take advice before formally starting any legal action – this includes Tribunals. If you are not sure which is the best route to use contact our advice line.
- You can contact ACAS and ask for their advice or assistance. ACAS officers are very busy and it can be difficult to make contact. The ACAS helpline can provide you with some basic, general advice on employment problems.www.acas.org.uk
- You can seek advice from your local Citizen’s Advice Bureau (CAB). They will also have the necessary forms to apply to Tribunal and may provide assistance with completing the forms. Remember though that CAB advisors are not often Employment experts and will usually only feel able to point you in the right direction for further guidance: www.citizensadvice.org.uk/.
- Have you a relative or family friend who is an employment specialist? If so it may be worth giving them a call in the first instance.
What if I am not paid my compensation by the Employer?
If you win compensation at an employment tribunal and the company doesn’t pay you – you can ask to have them fined.
The company will get a warning notice giving them 28 days to pay you. If they still don’t pay they will be fined.
This applies to judgments from employment tribunals given on or after 6 April 2016