Can I be sacked for claiming against my employer?

If your employers are treating you differently since you started your claim, this is what you can do.

Unfair Dismissal  
Unfair dismissal occurs where an employee with the pre-requisite level of service has been dismissed by their employer, and that employer cannot demonstrate that:

  • the reason or principal reason for dismissal was a potentially fair one (capability, conduct, redundancy, breach of statute/illegality or some other substantial reason), or 
  • that they followed a fair procedure before dismissing the employee.

If you are dismissed by your employers because you are bringing or have threatened to bring a claim against them for an occupational illness and the claim is genuine, it is extremely unlikely to constitute a fair reason.

It is illegal for your employer to discriminate against you on the grounds of a protected characteristic. There are 9 protected grounds, one of which is Disability.

There is a possibility that your condition counts as a disability, and therefore you may be protected against detrimental treatment as a result of this disability.

Settlement Agreements
An Employer may offer an employee a Settlement Agreement (formerly compromise agreements) in order to terminate their employment, on the condition that the employee contracts out of their right to bring any claim against their employers. One section of this must be signed by a solicitor in order for it to be valid.

If you are asked to sign one of these, then you should take advice from an employment solicitor immediately and advise them about your occupational illness. You must take great care to ensure that you do not contract out of your right to bring a personal Injury claim.

Sickness Pay
Most employees are entitled to receive Statutory Sick Pay from the 4th day of their absence. This is paid at the statutory rate set by the Government. Some employees will be entitled to additional sick pay, sometimes called ‘contractual sick pay’. This is where you are paid in full, or in part for the time you are ill. You should check your contract of employment to see whether this applies to you or not.

You can read more by visiting our Employment Law page or alternatively have a chat with your experienced NewLaw solicitor who will be happy to direct you to the right Employment Law Specialist.

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