Staying in work while suing employer public sector

LegacyUser

Ive been legally advised i have a very strong legal case against my public sector boss and should go to the high court. My lawyer has said its so clearcut she will do it for free. However I'm concerned if i do pursue it and stay in work (im only here four years, late thirties) that i will be blacklisted/forced out./never promoted. Anyone in public sector have any perspective?

BrokenArrows

Ballondor12 wrote: »

Ive been legally advised i have a very strong legal case against my public sector boss and should go to the high court. My lawyer has said its so clearcut she will do it for free. However I'm concerned if i do pursue it and stay in work (im only here four years, late thirties) that i will be blacklisted/forced out./never promoted. Anyone in public sector have any perspective?

You will have to balance the pros and cons yourself.
Yes you may find that you have problems. Or you may find the opposite because everyone would be also afraid of being sued.

And even if you do have problems, is there any reason you cant find work elsewhere?

gauchesnell

as a PS worker may I advise caution but this depends on what outcome you are looking for.

Depending on where you work legal cases by staff are pretty commonplace - my own workplace would be such an example. I am assuming though you mean your employer (the public body) and not the person who is your manager.

I know staff who have won their cases and staff who have lost - winning doesnt always mean a positive thing.

Speaking for my own employer I havent come across anyone blacklisted or never promoted - legal cases dont actually make much of a difference except to the person who is taking it.

Really depends on what you want. Remember public sector bodies are insured for legal cases. It doesnt make any financial hit to them really.

Lux23

It happens frequently where I work and it doesn't appear to have affected those people.

ongarboy

Maybe some high level context on the nature of the cause for suing might help posters give more informed answers (obviously without giving specific information or anything that would identify you or your workplace).

If you were experiencing clearly recognized bullying or homophobic, racist, sexual, misogynistic abuse or similar, then I cannot see how you could be viewed unfavorably as most people and management would be abhorred that a fellow colleague would have to endure such abuse.

If however you were suing because you were asked to move to a new office 200 meters further from your bus stop or canteen services were no longer being provided after 2pm or something as ridiculous as below, then I can see why you would/should be justifiably blacklisted....

https://www.telegraph.co.uk/politics/2019/07/12/northern-irish-civil-servant-paid-10000-claiming-offence-walking/

gauchesnell

I would agree that context is relevant but again - speaking as a PS employee - I would agree with a previous poster and from my experience alone I havent come across anyone being blacklisted.

While most people are horrified about by bullying unfortunately it is prevalent is my workplace and a lot of legal cases are about same.

Public Sector is a complex place though but I cant say I have come across blacklisting. Legal cases by staff are standard and in my own workplace wouldnt be made a fuss of. The employer i.e. the Public Body - doesnt really cross their radar - unless the outcome means something significant for them (not money). My own body has in house legal and insurance teams to deal with cases.

If you are in a union though I would speak to them aswell.

Basically not a big deal to the Public Sector Body (only in the most unusual cases)

Jim2007

Ballondor12 wrote: »

Ive been legally advised i have a very strong legal case against my public sector boss and should go to the high court. My lawyer has said its so clearcut she will do it for free. However I'm concerned if i do pursue it and stay in work (im only here four years, late thirties) that i will be blacklisted/forced out./never promoted. Anyone in public sector have any perspective?

Since we have no way of knowing the circumstances nor should we, it is impossible for any of us to tell you what will happen as a result of your case. Therefore you need to be very clear in your own mind exactly what you want to achieve with this case and if it is so important to you that you are willing to stake your entire future career on it.

As to your actual case, I would not be at all impressed with a solicitor will to do the work for free, it could be that they are seeking to make a name for themselves, don't have anything else on in any case or are simply just not very good etc... furthermore if you are going to the high court, there will be other costs involved including barristers, will the solicitor get you that for free as well??? And if you loose, will you be able to cover the costs of both sides, most employers have insurance to cover them, so they will not spare the costs, can you afford that? If it were me, I would at least get the opinion of a second solicitor before embarking on a course that might have an unfavourable impact on the career of a 30 something or their bank balance.

Taking a case to the high court is a very serious matter as it will generate publicity on top of everything else. Do not take these steps lightly.

nthclare

Ballondor12 wrote: »

Ive been legally advised i have a very strong legal case against my public sector boss and should go to the high court. My lawyer has said its so clearcut she will do it for free. However I'm concerned if i do pursue it and stay in work (im only here four years, late thirties) that i will be blacklisted/forced out./never promoted. Anyone in public sector have any perspective?

Nah there's so much layer's in the public sector you'll be grand.

I work in the public sector and I've seen senior managers take out claims from slips and falls etc...

If anyone tries to bully you or make life difficult due to you pursuing anything it'll only make your case stronger.

Easy for me to say as I've a very thick skin and dig my heels in, make thing's sound funny and use my dry wit to dismiss arrogant management etc... work's for me because I'm a bit of a rogue and have all the answers...

But I wouldn't worry about it and maybe if you're getting anxious and it's pulling you down talk to a professional about it.

Nothing wrong with your response to the situation, it's a normal reaction..

Hope it works out for you...

is_that_so

Ballondor12 wrote: »

Ive been legally advised i have a very strong legal case against my public sector boss and should go to the high court. My lawyer has said its so clearcut she will do it for free. However I'm concerned if i do pursue it and stay in work (im only here four years, late thirties) that i will be blacklisted/forced out./never promoted. Anyone in public sector have any perspective?

Sorry, just curious about the advice you mentioned. Why is your lawyer advising you to go to the High Court? Wouldn't one of the lower courts be more appropriate?

skooterblue2

gauchesnell wrote: »

Public Sector is a complex place though but I cant say I have come across blacklisting. Legal cases by staff are standard and in my own workplace wouldnt be made a fuss of.

I have come across this (not personally but through an associate). The guy was an average slacker. Grade three civil service but no unique skill or management skill, smart but couldnt get a foot on the ladder. He had a legal mind and in the Union, knew the law and could negotiate but had no law Degree.

So one day XO comes in and say the office needs to buck up and he leaves for stress for 4 months straight (had nothing to do with him flipping a house at the time). He gets away with it but every course he applies for he does great in the aptitude but gets killed in the interview. Then he tried to transfer to a different area of the public service which he would be suited to and ..... get turned down. There is no way he can get a transfer. They stuck him in a dead end office and AFAIK he is still there to this day.

Most women who do get sexually harassed and have a successful win in court are either gone to have kids at 30 or leave after two years. Ireland is a small place. If I was an employer hiring, I wouldnt hire anyone who was involved on either side of an unfair dismissal hearing.

petros1980

skooterblue2 wrote: »

If I was an employer hiring, I wouldnt hire anyone who was involved on either side of an unfair dismissal hearing.

Luckily most employers don't see things that black and white and will assess past cases of unfair dismissal on a case by case basis I'd assume

skooterblue2

petros1980 wrote: »

........ I'd assume

Dont make assumptions. I foolishly declared something when I was applying to Recruitment agents less serious than an unfair dismissal case and was told nicely "not interested". Anything that usually deviates from the norm is used for filtering out candidates.

AndrewJRenko

skooterblue2 wrote: »

Ireland is a small place. If I was an employer hiring, I wouldnt hire anyone who was involved on either side of an unfair dismissal hearing.

A former colleague was involved in a fairly high profile unfair dismissal claim against our mutual former employer - newspaper headlines about some of the dirt that emerged. He went on to get a senior position in another multi-national (though a slightly different sector) and is now CEO of that company.

skooterblue2

AndrewJRenko wrote: »

A former colleague was involved in a fairly high profile unfair dismissal claim against our mutual former employer - newspaper headlines about some of the dirt that emerged. He went on to get a senior position in another multi-national (though a slightly different sector) and is now CEO of that company.

This guy obviously had an amazing track record or unique skillset that he walked into another job. It is a shame that things get that bad that it has to end that way for everyone. I would say that is the minority of cases.