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 Victimisation at work

Don't suffer in silence

 

rc select350blVictimisation or penalisation at work is prohibited under a number of enactments of Irish Employment legislation. Sometimes the word penalisation is used. We will use the term victimisation as referring to both words.

Victimisation at work arises where a worker seeks to enforce their employment law rights and finds that they are being penalised in some way. For example, moved to a different work area, a reduction in work hours. It amounts to being treated unfairly as a result of availing of your rights under legislation.

It also may arise where a worker is treating a member of management unfairly, simply because they were carrying out their managerial functions.

Victimisation is defined in general terms as any adverse or unfavourable treatment that cannot be justified on objective grounds.

 

Legislation banning victimisation in Ireland

The following pieces of legislation prohibit victimisation at work:

  • The National Minimum Wage Act 2000

  • Employment Equality Acts 1998 – 2011 For more see

  • Safety, Health and Welfare at Work Act 2005 For more see

  • Carer's leave Act 2001 For more see

  • Protection of Employees (Part-Time Work) Act 2001 .

  • Employees (Fixed – Term Work ) Act 2003 . For more see

  • Protection of Employees (Temporary Agency Work) Act 2012 . For more see

  • Protected Disclosures Act 2014 . For more see

  • Criminal Justice Act 2011

  • Maternity protection legislation . For more see

  • Adoptive See , parental See or force majeure leave See

 


Code of Practice on Victimisation in the Workplace, Download here


 

I am being victimised at work, but not as a result of enforcing my employment law rights. What can I do?

Where the victimisation takes place, but it is not because you took any action to enforce your workers rights, then you should look at incidents to see if they constitute harassment or bullying at work. For more see 

 

What should I do next?

If you believe that you are being victimised because of an action which you took to protect your employment rights, you should talk to one of our experienced specialist consultants.

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