MMC Employment Law & Practice
N. Ireland Belfast
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Unfairly Treated at Work
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Our Vision is simple. " Everyone deserves access to justice, especially the lowest paid." D.H
If your feel that you or your family have been treated unfairly by an employer, or for some reason they are treating you less favorably than your work mates,
it is possible that this may be some form of "breach of your contract" which is unlawful under Northern Ireland and UK Employment Law. Please have a look through our website and get in touch for a free initial consultation.
Discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, religion or belief, political opinion, disability, age or sexual orientation is prohibited
in Northern Ireland.
You are also protected under EU Law as the principle of equal treatment between women and men is well established by an important body of Community law.
The principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions is enshrined in NI Employment Law.
Duty to pay wages is a fundamental
obligation of employers. The rule of law is that your wages must be paid if, as an employee you are available for work.
If your employer makes any deduction from your wages without consenting you, it may amount to an unauthorised deduction of wages.
You are protected by law regarding equal pay. This includes, maternity, paternity, holiday pay, sick pay and pay statements. Your employer must also pay equal pay to male and female employees (for the same work).
Bullying is not acceptable in the workplace and can be unlawful most cases.
You have a statutory right to make an official complaint if you have been subjected to any form of harassment, bullying or degrading treatment by a manager, work colleague or any one else for that matter.
Examples of this are unfairness, rude or nasty comments, made to work in unsafe conditions, or if you are being treated differently.
Once a bully is challenged, you will find that they usually stop, however, it is important that you nip it in the bud right away and do not allow this type of behaviour to persist.
If your surprised that your employer has dismissed you, it is more than likely that you have been unfairly dismissed. If you have been dismissed unlawfully you could be entitled to a substantial compensation payment for this unlawful action. Please do not hesitate to get in touch as soon as you have been dismissed.
You have the right to flexible working arrangements if you are looking after children with disabilities or a family member with a disability. You also have the right to take unpaid time off to look after dependents in an emergency, children with autistic disorders, learning difficulties, hearing or sight impairment. Cancer, HIV, and multiple sclerosis automatically count as disabilities.
Constructive Dismissal is where your employer has committed a serious breach of contract, forcing you to resign in response to your employer’s conduct. Your dismissal could be unfair if your employer doesn't have a good reason for dismissing you or if you are refused flexible working arrangements or rest breaks, if you join a trade union, expose wrongdoing.
If your company is bought, sold or involved in a transfer that qualifies you for TUPE PROTECTION you would be guaranteed that, your job transfers to the new company and your employment terms and conditions also transfer and continuity
employment terms and conditions are fully maintained.
If the company you work for is going through a business transfer or takeover, both the transferring employer and new employer have a responsibility to inform and consult with employees who may be affected by the transfer.
Employees with disabilities have the same employment rights as other job seekers and employees.
Employers have a duty to make reasonable adjustments for an employee with a disability if the following conditions apply; you are, disadvantaged compared to people who do not have a disability; your employer knows, or could reasonably be expected to know that the employee with a disability is disabled and is suffering the disadvantage, or is likely to at some stage.
Harassment comes in many different forms. however, in general harassment is where someone creates an atmosphere that makes you feel uncomfortable. This could be because you feel offended, intimidated or humiliated. Unfortunately there is no Harassment Act in Northern Ireland as yet. However, there are other protections if you are verbally abused or asked personal, private questions, forced to listen to jokes of a sexual nature that are offensive and many more. Even if your colleagues say the behaviour was just friendly banter, it may well be unlawful under equality legislation.