Still Employed/Thinking About Leaving
If so, there are a number of issues that you should think about before making a claim.
What do you hope to achieve by making a claim? Do you simply want to be compensated for what has happened?
Alternatively, do you want to signal that things have to change in the organisation? If so, do you need to make a claim or, instead, raise a grievance?
Do you feel must resign as a result? You don’t necessarily have to. You could remain in post (and paid) and protected by the law relating to victimisation. Is this going to be practical however? Will your health be affected by having to go back into a potentially negative environment?
If you are not going to return – are you in fact contemplating a case for constructive dismissal as well? If so, do you have good grounds to make such a claim? What additional issues arise, such as considerations about when and what basis you should resign?
Otherwise, have you considered the other issues listed below?
Left Employment After Discrimination
Would you have a good case in law if you did make a claim?
There is a difference in having a complaint or grievance against your employer – and having a valid legal claim against it. Discrimination often occurs because you have been treated less favourably than others in the workplace due to your:
- sex or gender
- religious views
- philosophical views
- sexual orientation
- equal pay
- fixed term worker status
- part time worker status
- need to take time off to care for a dependent
This might manifest itself in a number of ways, including: insulting behaviour, denial of benefits, being picked on or harassed, being victimised for raising complaints about such matters, or generally being treated worse than other employees.
In making any such claim, you should be wary that the legal tests that are applied are a lot more complex than you might think. It is easy to lose a claim of discrimination where it has not been properly set out or thought out.