Suing employer (Private Sector, White Collar Employee)

The WRC may be used for alleged breach of any piece of employment legislation, including all those you mentioned. There is a deadline of six months from the date of the alleged breach within which them complaint must be submitted.

The outcome of mediation where it occurs depends on what you’re seeking relative to what the employer is willing to give. It’s a negotiated settlement.

The outcome of adjudication is decided upon by the Adjudicating Officer, taking into account the actions of the employer relative to whatever pieces of legislation are relevant. If the employer is found to be in breach, a suffice. There would be some financial settlement but, in the vast majority of cases it won’t make anyone rich. Awards of two year’s’ salary are rarely made.

Be wary of solicitors who tell you you need a barrister. If the solicitor is worth his/her salt, they can give you all the advice and guidance you need. The WRC doesn’t operate like normal courts where barristers may be a requirement. You can represent yourself if you feel so inclined.

There is no award of costs in the WRC or Labour Court so the only financial outlay is whatever consultancy costs you incur yourself.

Either party may appeal the WRC Decision to the Labour Court.

Bear in mind that the employer may decide to appeal to the High Court meaning more delay, more stress, and the risk (however slight) of the appeal being upheld.

Any issue might arise if your WRC or civil case is reported in the media and then becomes a matter of public record that be found with a google search. This might put a prospective employer off if they see this, and let’s be honest most of us will google a potential hire before we interview.

Interestingly I’m down to the last 2/3 for a senior public sector role and I’ve been asked for permission for an online / social media search about me to be done by a specialist company on behalf of the employer. I’ve worked in the public service for 20 years and have never seen this before.

I know of one case from more than twenty years ago where a senior employee took a direct case against a former employer for being terminated, and he went on to be appointed CEO of a large multinational fairly shortly afterwards. His case got a fair bit of press coverage, before the former employer settled it -as it was fairly obvious that he hadn't done anything wrong, a kind of whistleblowing really.

So it didn't seem to do his career any harm.

Some employers recognise that 'trouble maker' is an important characteristic, and valuable when you need a bit of a disruptive approach.

1. Depends on whether you stay in the same sector, or if you expect a glowing reference. For example; if you are an IT professional working for Amazon, you could easily get a job with any other company looking for IT without being concerned about the future fallout.
2. It would have to be a high profile case and even then, probably not. However….references! If HR call the previous employer, it could be a problem. Your CV might need to choose specific references.
3. I'd be of the mindset of "is it the right thing to do" and then weigh that against the challenges. If the employer failed to act on something like sexual harassment, then I would take them to the cleaners. If they failed to punish a knobend supervisor for incomptence who caused some issues with my pay-check, then I would leave them be.
4. Legal are always looking to win the case for the most money. They won't be thinking about what happens after.

Are you talking about a personal injury claim (i.e. via PIAB) or suing your employer? There is a difference and in the case of the former there is no public record that can be googled etc so the negative damage outside your own org is very limited if any (short of the grapevine)

Different industries will have different attitudes and different appetites for risk.

Employing a whistle blower is no threat to the line manager's career, unless the line manager is hiding something that they wouldn't want to be whistle blown.