Not entirely successfully, successive Acts of Parliament, followed by European Regulations and Directives, have attempted to redress the power balance between employer and employee. It is apparent, however, that both sides can often act as if they were unaware that there are any laws whatsoever that govern their behaviour. Employees have rights: they are not to be discriminated against, they are not to be unfairly treated; they are not to be made redundant without careful appraisal of other options; and they are not to be unfairly dismissed. If the employer breaches any of the first three, then the employee can deem him or herself to have been unfairly dismissed and to accept the ‘constructive dismissal’. For the employer, if there is no way of negotiating a settlement, the task of dealing in the Employment Tribunal with a claim raised by an employee can be a mild annoyance or it can be a fatal distraction. For the employee, an unpleasant workplace can be the most stressful of environments, and a dismissal – especially if unfair, can be a life-disaster second only to the death of relatives. If you are an employee, wondering how you can use the slingshot of employment law to tackle the Goliath of an employer and his legal cohort, we may be able to help.
