In the first instance WorkRep prefers to negotiate with employers on behalf of workers.
Negotiation will often get the best outcome for a worker, but without the wasted effort and expense that a tribunal case involves.
Only when there does not seem to be the possibility of effective negotiation will WorkRep take the tribunal route.
Taking your employer to a tribunal is not easy. It is rather like running a marathon in that it needs a lot of work over an extended time period. So you need to think very carefully about whether you have the energy, time and commitment to winning your case at tribunal should your employer not be willing to negotiate. It is worth discussing this with your family as you will need their patience and support over a number of months.
The sooner you contact WorkRep with as many details and as much documentation of the problem as you can, the more likelihood there will be of an amicable solution, or if necessary, a successful outcome to a tribunal case being achieved (Please include names, addresses and telephone numbers of witnesses, and whether you think they will support you in your case).
Information you disclose to WorkRep is treated confidentially. If you are represented by WorkRep your information will only shared with relevant third parties when necessary, in furtherance of your case.
You will most likely remain undecided whether to go to anyone for advice about your problem, or whether to start the process of commencing your tribunal case for a while. The reasons are many and varied. You may be unsure as to whether your treatment is really so bad as to warrant such a complaint; you may even be unsure as to whether you have the stamina to see a tribunal case through to the end etc etc.
Whilst you are trying to make up your mind, you should nevertheless be collecting your evidence as described below. Doing this will often help you to decide whether you wish to go to tribunal. Collecting evidence will be essential in proving your case, if and when you do indeed decide to go ahead with it.
Disclaimer
: 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