Need advice - anyone ever taken their employer to court?

nicegirl

Ok, so I am about to start legal proceedings against my employer. I intend to take my employer to the Equality Tribunal. I know alot about employment law, which has helped me considerably with my battle against my employer.
Anyways, this is the biggest decision of my entire life, and is a personal issue for me as well (Which is why I put this post in Personal Issues), because of what my employer have put me through.

Has anyone ever taken their employer to court, The Labour Court, or The Equality Tribunal, or even The High Court? If so, are there any possible risks, or anything I should know before I start legal proceedings? Has anyone ever gone through this?

Any advice on this would be greatly appreciated
Thanks a million

Overheal

we cant offer legal advice. i assume you are consulting a solicitor.

nicegirl

Ya, I have a solicitor who is working on my case at the moment. Im not looking for legal advice because my solicitor is giving me all the legal advice I need.
What I was wondering though, has anyone took their employer to court, if a person won or lost a case has it effected a person's career in anyway? My solicitor or any legal person can't answer this for me, because once a solicitor has represented someone in court, after that they don't know how a court case may or may not have effected someone's career because the legal services of the solicitor are finished...
Cases do be in the paper or on the news, but no one ever says how a person got on in their career when the case is finished, whether a person won or lost a case...
If anyone went through this, and came out the other end....career wise, let me know, I really would be very grateful

Silverfish

Moved from PI.

Might be more relevant to here.

nicegirl

I put the post in personal issues because I got no replies in "Legal Discussion" or in "Work Problems" and I might have got a reply in "Personal Issues"

Wishbone Ash

nicegirl wrote: »

Has anyone ever taken their employer to court, The Labour Court

My employer and staff representatives would have been to Rights Commissioner, Labour Relations Commission and Labour Court on many occasions.

Newaglish

I generally get a number of cases sent it to me via the Employment Appeals Tribunal, some genuine, some I see as basically moany and some completely frivolous.

In reality it's hard to offer any insight without knowing (in general terms) what the issue is, how long you've worked in the position, what size organisation it is etc.

As a general rule of thumb though I would suggest advancement would be hindered and working relationships would disimprove significantly.

nicegirl

Thank you for your replies, I do appreciate it. My case is extremely complicated but I unfortunately have a neurological (brain) problem, and as part of that I have a number of different symptoms which I suffer from, from time to time. I have had 3 abnormal MRI (brain) scans which reflects the symptoms I suffer from.
Anyways, my situation at work has been going on for over a year, primarily from my manager, my supervisor, and one of the top managers within the company I work for. It is a case of really bad disability discrimination, inequality, refusal to deal with any of my grievances, (Even when the Union got involved). My manager has also put me crying many times in her office, and overall, within the past year management have thrown absolutely everything at me, in an attempt that I would get so upset that I would have to leave. Consequently my health has been effected quite badly, by the whole thing. I would have an excellent case for constructive dismissal but Im not going anywhere.
I am a person of extremely strong principles, and whatever my manager has thrown at me I have told her acts, laws, and legislation, and then she can't touch me, and tries to think of some other way to get me to leave...
I will not be treated this way by anyone, and will not let anyone get away with the way I have been treated just because I get genuinely sick from time to time. I (of course) have been sent to the company doctor many times to try and see if management can come at some angle to see if I am "Uncapable" of working. I am fully capable for work and the company doctor agreed, but it is not my fault that I get sick fromn time to time, and still to this day, the discrimination continues.
Any thoughts on my case? Would it be a strong case for the Equality Tribunal? How might an action against the company effect my career?

Thanks so much

Wishbone Ash

nicegirl wrote: »

I get genuinely sick from time to time

Just because you are genuinely sick, that doesn't mean you automatically have a case. If an employee is employed for a particular purpose, and through illness and absenteeism, is unable to undertake that purpose, the employer is perfectly entitled, following proper procedures, to seek the services of someone else.

nicegirl wrote:

I (of course) have been sent to the company doctor many times to try and see if management can come at some angle to see if I am "Uncapable" of working. I am fully capable for work and the company doctor agreed

I think you are on shaky ground there. If you employer's doctor (on many occasions) deems that you are "capable for work" but your attendence is not up to scratch, you employer is entitled to ask why.

There is also a difference between being "capable for work" and continuing to be employed for the purpose that you were initially employed.