when should an employee speak out against their employer’s actions course hero

by Hosea Marvin II 9 min read

Why don’t employees speak up?

“Most of the time, the reason [people] fail to speak up is they feel the stakes are so high and other people are so opposed to what they might say that it doesn’t feel safe to speak up,” he explains. This insecurity and the employee reticence it engenders are more than corporate inconveniences.

Can NHS workers be disciplined/sacked for speaking out against their employers?

Several NHS trade union activists have been suspended and/or sacked for speaking out about actions taken by their managements. Normally they are alleged to have brought the trust into disrepute. Health workers are told they will be disciplined/sacked if they talk to the press or if they are reported as criticising the trust.

What happens when an employee fails to raise a concern?

This insecurity and the employee reticence it engenders are more than corporate inconveniences. According to Maxfield and Grenny’s research, an employee’s failure to raise their concerns about a project or workplace situation costs an organization an average of $7,500 in lost time and resources.

Can a trade union representative comment on an employee's actions?

The legislation would only apply if the employee was "speaking out" in the course of union activities, so the employee would have to persuade an employment tribunal that it was a legitimate part of his or her functions as a trade union representative to comment on the issue.

Unfair or unlawful dismissal

Dismissal is when your employer ends your employment. It is not illegal for an employer to fire an employee but is unlawful if they do it without good reason or without following the proper protocol. Being dismissed for the following would be seen as an example of unfair or unlawful dismissal:

Discrimination

Discrimination is one of the most common reasons that employees take out legal action against their employer. Discrimination is when your employer treats you unfairly or differently because of personal characteristics or who you are as a person. In the UK, The Equality Act 2010 highlights 9 protected characteristics, these are:

Harassment

Harassment in the workplace can be of a sexual nature, such as touching or inappropriate comments but can also include workplace violence and bullying. Taking legal action against harassment is important to not only stop the current harassment from continuing but for preventing future occurrences of harassment against others.

Workplace injury

As an employee, you have the right to a safe working environment and it’s your employer’s responsibility to put measures in place to keep you safe while on the job.

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