Irish employees have often felt discriminated against at their workplaces. They have also been mistreated for reporting it or supporting colleagues who have undergone the same. The official term for such an act of singling someone at the office and unfairly treating the person is called ‘victimisation’. Thankfully, the Employment Law in Ireland bestows every such worker a chance to speak out against employers! As far as the person has every right to take legal action, the individual is also allowed to seek a legal remedy to the issue.
Today, the article is all about victimisation as explained by employment law solicitors in Cork and the rights enjoyed by workers seeking justice. Before moving into the potential options that an employee enjoy to deal with unfair treatment at work, let us check out what actually falls under victimisation.
Understanding Victimisation
According to the Employment Law Solicitors in Cork, victimisation refers to enduring unfair treatment by employers when employees try to access their legal employment rights. In Ireland, such employment rights are strong, and no employer can punish workers for exercising them.
How to Know if You Are Genuinely Victimised?
If you have undergone any of the following at your workplace, you should know you are victimised:
- Unfair dismissal from a job
- Deliberate reduction in hours of work as a punishment
- Received unfair treatment at work
- Witnessed unfavourable changes in your working conditions
How to understand if it’s victimisation or harassment? The prior takes place when an employee tries to enforce his employment rights, whereas the latter occurs when there are other reasons involved.
Legislations Prevailing in Ireland to Prohibit Victimisation in the Workplace
Every employee has the right to seek protection against victimisation under the following Irish legislation:
-
Employment Equality Acts 1998-2015
If a worker ever goes against his employer by offering supporting evidence in proceedings, the staff member has every right to seek protection against victimisation. If the person is directly victimised by his employer, he can also bring up another claim to the Workplace Relations Commission. Under this Act, an employer has to pay compensation whether or not he won or lost the original case.
-
National Minimum Wage Act 2000
An employer cannot victimise an employee on grounds of a pay increase due under this Act.
-
Protection of Employees (Part-Time Work) Act 2001
Employees hired on a part-time basis cannot be penalised or victimised for claiming their rights under this Act. Here, victimisation can emerge as a dismissal of workers to avoid bringing them under a fixed-term contract.
-
Protection of Employees (Fixed-Term Work) Act 2003
The code of law is the same as above. The only exception is that it is meant for fixed-term employees.
-
Carer’s Leave Act 2011
Under this Act, employees are safeguarded against victimisation for taking carer’s leave.
-
Parent’s Leave and Benefit Act 2019
According to this Act, employees are protected against victimisation for applying for parent’s leave.
-
Paternity Leave and Benefit Act 2016
As per Irish legislation, employees cannot be victimised for availing of paternity leave.
So, What Can You Do if You’re Victimised?
Employees, if victimised, can register a complaint with the Workplace Relations Commission within 6 months of the last act of mistreatment by their employers. The time limit here can be stretched to 12 months under justifiable cause, which prohibited them from filing a complaint within the standard time limit.
Author Bio:
The author is not just a good writer but also someone who has great connections with the best employment law solicitors in Cork. So, her articles are a knowledge hub for employees facing workplace harassment, victimisation or penalisation and thereby, seeking justice.
