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Executive Dismissals

Do you think you’re being unfairly pushed out of your job? Well, you’re not alone. It’s a scenario that is happening to employees of all seniority across the country, explains Rhian Radia, employment law partner at Hodge Jones & Allen.

Unfair treatment at work can happen to anyone. I see a range of clients from junior staff right up to senior executives who have been unlawfully treated by their employers. It can begin with a hunch on the part of the employee that something is not right but that instinct is sadly often right.

It is a very employer friendly world since the introduction of Employment Tribunal fees and compulsory early conciliation through ACAS. Some employers are taking more risks in how they deal with employees since the number of employment law claims reduced dramatically following these changes.

Whilst every case is different, common issues can include unequal pay, where a woman is paid less than a male colleague for doing the same job for example, bullying at work, where an employee’s working life is made intolerable and pressure is put on them to resign and discrimination on the grounds of sex, race, disability or sexual orientation.

Discrimination against women who face redundancy before, during or after maternity leave and who feel that the outcome of the redundancy process is pre-determined and not genuine seems to be a real problem which is not going away.

However, unfair treatment doesn’t just happen to women. Men may be subjected to excessive work demands so that they are set up to fail. Alternatively, they may be excluded at work or taken out of the loop and not invited to important and relevant meetings. They may consider themselves to be constructively dismissed.

Even employees who feel they are doing the right thing by reporting wrongdoing in a company can experience problems. Whilst many businesses might openly encourage an open and blame free culture, whistleblowing is not always dealt with appropriately by employers and can result in the person who has reported wrongdoing being treated as the guilty party.”

Whilst every case is different, there are some important points to consider before taking action if you think you are being treated unfairly at work:

  • Know your rights: as well as checking your employment contract, understand your company’s policies on disciplinary and grievance matters, bullying and harassment, equal opportunities and whistleblowing. This should enable you to identify more readily whether you are being treated unfairly.
  • Keep records: keeping a discreet record of events, e-mails, dates, times and conversations in relation to your treatment will make it easier for you, or someone on your behalf, to argue your points.
  • Seek advice: most good solicitors will be able to tell you via the telephone for free your rights in a broad sense and whether you have a case.
  • Consider a subject access request: under the Data Protection Act, you can for a small cost, request copies of any personal data that your employer holds about you. This could include emails between other members of staff about you, HR records, telephone transcripts and minutes of meetings where you have been discussed. This should be a focused request covering a specific time period.
  • Act swiftly but not in haste: in most cases, there is a three-month time limit in which to make a notification to ACAS in advance of bringing an Employment Tribunal claim. This important time limit is not widely known. Employees should not wait for internal procedures to be exhausted before taking action.
  • Don’t resign on the spur of the moment: whilst the temptation can be great to walk away and bring a case after doing so, this is a bad idea unless you clearly state in your letter of resignation that you consider yourself to have been constructively dismissed and that your employer has breached your employment contract. Be very clear about this in your letter.

Rhian Radia is a partner and head of employment law at Hodge Jones & Allen

Our executive dismissal specialists are part of our London based employee law team. We have almost four decades of experience helping clients from around the UK with a wide variety of legal matters. For expert legal advice use our contact form or call us on 0808 250 6017 today.