Could you successfully sue your employer?

Question

Imagine your employer put undue pressure on you at work. Long unpaid overtime without time off in lieu. Failing to give enough support so you could adequately do your job. Expecting you to be able to do tasks for which you have insufficient training. Imagine this led to you actually developing depression and sleeping problems.

Could you successfully bring legal action against them? And are there successful cases?

nb, this relates to UK law

salaried professional therefore minimum wage is irrelevant

Answer 1

You would have two routes by which to bring a claim.

the employment tribunal where your claim might be for constructive dismissal. The pre-requisite to any claim under that head would be resignation. You would not be able to bring a claim for depression per se.

In the county court you could bring a claim for what have become known as 'stress at work' claims - Hatton v Sutherland is a good example.

Despite there being a general media storm about compensation culture and the like, such claims are very (and I mean very) difficult to bring successfully and if you read LJ Hale's judgement in Hatton you'll understand why. Hatton is authority for the following propositions:

* the ordinary principles of employer’s liability apply to work related stress claims and there are no special control mechanisms applying to such claims;
* signs of stress in a worker must have been obvious to the employer for the worker to succeed in a stress related claim;
* an employer who offers a confidential counselling service is likely to have a complete defence to a stress related claim by a worker;
* an employer can usually assume that an employee can withstand normal job pressures (unless he knows of a particular problem or vulnerability) and the onus is normally on a worker to complain about stress and to bring it to the attention of the employer;
* there is no breach of duty in allowing a willing worker to continue in a stressful job if the only alternative is dismissal or demotion.

I hope this helps

Answer 2

You would have to resign first and then find a firm that would take your case for constructive dismissal. Some firms now work on a "no-win, no-fee" basis so would only take your case on if there was a reasonable prospect of success.

Otherwise, it would be an expensive and stressful undertaking. I worked for a firm for many years which took on a few cases like this, with varying results. Whatever the outcome, it was a long and arduous process, and an enormous amount of evidence is required, including statements from third parties (difficult to obtain from people who still work for the company) and possibly medical evidence, which is also expensive.

There is also the issue of the fact that in Employment Tribunal cases, in most events each side bears their own costs. Which would mean that even if you did win, any settlement would be eaten into by your solicitor's fees and any costs incurred by them.

Not very positive, I know, but maybe you should make an appointment with a solicitor who could consider your case and give you any options you have, before you do anything drastic.

Good luck!

Answer 3

You could but the best thing is to have documentary evidence. Reports or anything that states what your job involved and any evidence or proof of overtime not paid, make sure you should get paid for overtime. If you have any written warnings, i.e bad attitude/bad time keeping, if they are only verbal you might have a better case. Its all about proof, your word against theirs and the more evidence of underhand practices, lack of training, not being paid your worth should go for you and against the employer. Try getting advice from the Citizens Advice Bureau first who can help, and if necessary put you onto a Law Centre to take up your case. There have been numerous successful cases but one of the drawbacks is if you work in a particular field like finance say, is that you might be considered a problem to a future employer and not get a job in the same profession.
Hope this helps!

Answer 4

The CIVIL RIGHTS ACT does not contain that myth,discrimination is just that.Although if you research the term,reverse discrimination has only been used in a court case CONCERNING EMPLOYMENT. Why after the CIVIL RIGHTS ACT was established as Law do we as a Nation tolerate any other Racial classification beyond American? Because were stupid,that was the finding of a 1972 congressional hearing on Race,so the term WHITE has been retained. A term that does not imply or describe a race but a color..Funny how Liberals and Conservatives never seem to challenge that simple observation in Media,I have not found any Nation or continent called WHITE. We need to force our hand America,how can this Nation have a Constitutional Amendment called the Civil Rights Act Yet never since the establishment of that Law has any person been found guilty of discrimination who is a classified Minority? Certainly this seems impossible? Yet it is fact. Why we continue as a Nation to allow Civil Servants (politicians) to divide us? Wake up,demand Justice under the law by demanding the Law be applied as written and equally regardless of the color of your skin!

Answer 5

Of course, Because they cannot deny you more than what the existing minimum wage requirement is, That would be against the law, and consitutes and act of slavery!

So, by all means, Yes, you can sue your employer!

Answer 6

If your contract states that you should get paid for any overtime you do, but you are not getting paid for it, then it is classed as an unlawfull deduction of wages.

With regards to doing a job that you have unsifficient training to do the work then this is a breach of health and safety. because if you injured yourself doing one of these tasks without adequate training then the company is liable.

They would have to prove due dilligence to show that you have had the training.

Answer 7

Democrats and Republicans have greatly weakened your protections.

If you are a blogger then following is a MUST view
US FEDERAL GOVERNMENT TO ARREST BLOGGERS
http://www.youtube.com/watch?v=DBn90lsUmgE
It is a 9 minute video
The following is a beta version
http://www.youtube.com/watch?v=DBn90lsUmgE&v3

The Union leaders became addicted to money and power. Past success and dwelling on them made them forget about anti-union people and allowed them to start busting unions legally and one method is by filing a chapter 11 bankrutpcy which does NOT favor the union.

Answer 8

Do they have a Company rules manual? Some places just don't pay over time. And as to the other , it sounds very much like the area we work in.

Answer 9

I think you have to resign first. If you don't they'll fire you. But then you could also sue for wrongful termination.

Answer 10

Get another job. You can't sue your boss for being a jerk and overworking you.