Unjustified Disadvantage
An unjustified disadvantage is an unjustifiable action by an employer which disadvantages an employee in their job or work conditions. There are many possible types of unjustified disadvantage and some examples are as follows:
If an employee is unjustifiably dismissed it it very likely that they have also suffered unjustified disadvantage, however, there are also many cases of unjustified disadvantage without a dismissal.
Because an unjustified disadvantage is a personal grievance claim it must be raised within 90 days or the right to raise it will probably be lost. We use a range of techniques to resolve unjustified disadvantage claims depending on what has happened and the outcome sought by the employee.
As an example, with unfair warnings, it is normal that we would seek to have these removed from the employment record. If the employee wants to remain with the employer it would also be usual to seek payment of your costs, some compensation, and an apology. If the employee feels they no longer have faith in their employer, or if it appears that the employer is seeking to force the employee out, the goal is generally to obtain a dignified exit package on the best possible terms which could include money as well as non financial items like a reference, confidentiality, and fixing the employment file.
Please contact us if you would like to discuss your own situation.
- Suspension from your job.
- A verbal or written warning.
- Changes to your conditions of employment without your consent - for example: a pay cut or change to your hours of work or holiday arrangements.
- The employer telling you what you can and cannot do outside of work hours.
- The employer not providing a safe working environment.
- Bad treatment of the employee.
If an employee is unjustifiably dismissed it it very likely that they have also suffered unjustified disadvantage, however, there are also many cases of unjustified disadvantage without a dismissal.
Because an unjustified disadvantage is a personal grievance claim it must be raised within 90 days or the right to raise it will probably be lost. We use a range of techniques to resolve unjustified disadvantage claims depending on what has happened and the outcome sought by the employee.
As an example, with unfair warnings, it is normal that we would seek to have these removed from the employment record. If the employee wants to remain with the employer it would also be usual to seek payment of your costs, some compensation, and an apology. If the employee feels they no longer have faith in their employer, or if it appears that the employer is seeking to force the employee out, the goal is generally to obtain a dignified exit package on the best possible terms which could include money as well as non financial items like a reference, confidentiality, and fixing the employment file.
Please contact us if you would like to discuss your own situation.