Workers are normally the weaker party in the workplace. As such they often have their rights infringed by their employers.
WorkRep helps workers in an attempt to redress this imbalance.
WorkRep believes that keeping to the law is in the employer's and employee's interest.
Where some employers exploit their workers, others who behave lawfully are put at a disadvantage as regards the exploiters.
Employers who flout the law can find that their actions have unexpected consequences in terms of lost time and money, in the loss of reputation and even in the adverse publicity that a tribunal case can bring.
Sometimes, an employer has acted in ignorance of law and the contravention of the law is a one-off occurrence. Such employers change their mode of work in order to act in accordance with the Law. Where this is not the case, and the employer is a repeat offender, he should know that WorkRep remains interested after the conclusion of cases.
Where employers are penalised for exploiting workers, this helps to create better conditions for workers in other firms in the area, as the message gets round, that such behaviour is being observed, and challenged. Employers who respect the Law are encouraged in that their law abiding behaviour no longer disadvantages them.
Workers' Representation believes that the employment tribunal has become too legalistic, with the consequence that much abuse of workers and their rights goes unpunished. Workers are often too afraid to initiate action, and once proceedings are initiated, are often persuaded to withdraw these when the employer´s lawyer threatens the worker with the financial consequences of a costs award.
WorkRep is against the whole notion of costs being introduced into what was originally intended to be the 'small man´s court'. As is the case in the small claims court, there should be no encouragement for the retention of lawyers. A recent report showed that the intimidatory use by lawyers of costs threats is a major reason why cases are withdrawn by workers.
In place of costs, it should be open to the tribunal to impose a fine. This would have the effect of protecting employers from vindictive employees, as well as protecting workers when bringing claims.
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: articles and information published by WorkRep are intended for general information purposes only. No representations or warranties of any kind, express or implied, about the completeness, accuracy or reliability of such information are made.
© Workrep 2007