Advice where raising a concern or exercising a protected right leads to adverse treatment.
If your treatment at work changes after you raise a concern, it is important to understand the reason for that change and which legal protections may apply. Crushell & Co advises on penalisation complaints, the evidence needed and the available routes for resolving a dispute.
Penalisation can include a disadvantage imposed because a person undertook an activity protected by law. Depending on the legislation, this may involve dismissal, suspension, reduced pay, changed duties, loss of promotion or intimidation.
Not every disagreement or unfavourable management decision amounts to unlawful penalisation. The protected activity, the alleged detriment and the link between them need to be identified under the relevant legislation.
Section 27 of the Safety, Health and Welfare at Work Act 2005 protects employees against penalisation for certain health and safety activities, including raising a safety concern with their employer, safety representative or the Health and Safety Authority.
We can review the complaint made, who knew about it, the employer’s response and the reasons given for any subsequent action. Read section 27 for the statutory provisions.
Workers who make a qualifying protected disclosure may have protection against retaliation under the Protected Disclosures Act. Whether a report qualifies depends on its content and the circumstances; a personal grievance is not automatically a protected disclosure.
Different employment statutes protect different activities. We can help identify the appropriate legal basis rather than assuming that all complaints fall under the same rules. See our Protected Disclosures service and the WRC’s guidance on whistleblower protection.
Keep a dated chronology of the concern you raised and the treatment that followed. Preserve relevant emails, messages, meeting notes, payslips, rosters and disciplinary documents. Record the explanation provided for changes to your role, pay or working arrangements.
Advice can help you assess the evidence, respond to correspondence and consider internal resolution, negotiation or a complaint to the Workplace Relations Commission, where appropriate.
Strict deadlines apply and vary with the legal route. Certain applications for urgent court relief have particularly short time limits. Seek advice promptly; an internal grievance process should not be assumed to stop a statutory deadline.
The available remedy depends on the legislation and the findings in the case. We explain the options, legal fees and other costs before you decide to proceed.
Speak with Crushell & Co about your employment concerns and the options available to you.
Call 01 611 1546
1 Arran Square, Smithfield,
Dublin 7, D07 PA0D
Reviews from Google
Ryan Foster
I fully recommend Barry and his team. Barry's services are of the highest quality and he achieved an extraordinary outcome on my behalf. He also has integrity, and I clearly saw the value of his services every step of the way, which means that he has earned my trust. I also appreciate Tracy who made it possible to arrange time sensitive meetings quickly. Thank you, Barry and team
dean robinson
Dealing with Barry and his team over the past couple of months has been an absolute pleasure. Not once did he try to take advantage in any way and always made sure I had the best information to deal with the problems ahead of me. I would recommend this law firm in a heartbeat to anybody seeking legal advice.
brian
I was nervous taking legal action for the first time but Barry,s professionalism and confidence in his abilities put my mind at ease straight away. Crushell & Co solicitor's are a pleasure to deal with, very efficient and the knowledge and advice provided is second to none.
John Hurley
As an ex Sgt in the Defence Forces I was unfortunate to have met this man too late for him to progress my case but I wish I had sought his advice earlier. I would recommend any serving or vet to contact Barry as his knowledge of Irish and military law is outstanding. Thank you Barry and all your staff
Arahman Satar
★★★★★
Thanks to Barry and the team for helping me go through the hassle of documents. Barry made it easy to understand what it means and which area we need to focus on. Highly recommend to anyone who is looking for a legal advisor.
Veronika Genovese
★★★★★
Barry and his team were incredibly responsive and extremely helpful regarding an employment matter. Their professionalism and support made all the difference, and I’m truly glad I chose their firm!
Talk to Crushell & Co
Tell us about the concern you raised and the treatment that followed. We will contact you to discuss your enquiry.
Crushell & Co Solicitors
Tell us about your situation and we'll talk you through your options.
Crushell & Co Solicitors
Tell us about your situation and we'll talk you through your options.