You cannot legally be sacked or fired for making a claim against your employer in the UK. Employment law protects workers from unfair dismissal or victimisation when asserting their legal rights, including making personal injury, stress, or workplace accident claims.
If you’ve been injured at work, are suffering from stress due to employer negligence, or have experienced an unsafe working environment, you might be considering making a claim. However, a common and very real fear among employees is: “Can I be sacked for claiming against my employer?“ Let’s break this down in simple terms.
Are You Protected by Law If You Make a Claim?
Yes, absolutely. UK employment law protects workers from being dismissed or treated unfairly because they’ve exercised their legal right to make a claim. The Employment Rights Act 1996 ensures that you cannot be legally sacked or fired for making a workplace injury or stress-related claim.
According to gov.uk, if you are dismissed for asserting a statutory right—such as seeking compensation following an accident at work—that dismissal may be considered automatically unfair.
Can I Be Sacked for Claiming Against My Employer?
No, you cannot be legally sacked for making a claim. Your employer would be acting unlawfully if they dismiss you solely because you pursued compensation. However, if there are other unrelated reasons for your dismissal, your employer may try to justify their decision under different grounds.
If you suspect your employer is retaliating, speak with a solicitor right away. National Claims can help put you in touch with experienced solicitors who specialise in these types of cases.
Can I Claim Against My Employer for Stress?
Yes, you can. Workplace stress that results from negligence—such as excessive workloads, bullying, lack of support, or unsafe working conditions—can be grounds for a claim. Mental health is just as important as physical safety at work.
To be successful, you’ll need to show that:
- Your employer failed in their duty of care
- The stress caused you measurable harm
- The issue was foreseeable, and you raised concerns
Find more about your employer’s duty of care from the Health and Safety Executive.
How Do I File a Claim Against My Employer?
Here’s a simplified step-by-step process:
- Report the incident: Notify your employer about the issue in writing.
- Document everything: Keep records of emails, witness statements, and medical reports.
- Seek medical advice: Get professional evidence of any injury or mental health impact.
- Contact a solicitor: Speak with a legal expert about your rights and the best steps forward.
You don’t need to navigate this alone. National Claims connects you with expert solicitors who can handle your case and ensure your rights are protected.
Can I Make a Claim Against My Employer Without Losing My Job?
Yes. In many cases, employees continue working while the claim is ongoing. Your employer may not even need to be directly involved, as most claims are dealt with by their insurer. It’s in the interest of fairness and legality that you’re not penalised for seeking justice.
Moreover, employers are required to have liability insurance, which covers compensation claims made by employees. This means the financial burden does not fall directly on your employer.
Can I Be Fired for Claiming Against My Employer?
No. Being fired for making a claim is classed as unfair dismissal. If your employer terminates your employment due to a claim, you may also be eligible for an employment tribunal case in addition to your compensation claim.
Your employer might attempt subtle retaliation—such as reducing hours, demoting you, or creating a hostile work environment. These actions are also illegal and should be reported to your solicitor immediately.
How Much Compensation Can You Claim?
The amount of compensation depends on several factors:
- The severity of your physical or psychological injury
- Loss of earnings
- Medical expenses
- Impact on future employment
Typical average ranges:
- Minor workplace injuries: £1,000 – £4,000
- Serious injuries or mental health issues: £5,000 – £20,000+
- Long-term or life-altering injuries: £25,000 and above
Your solicitor will assess the full impact of your situation before advising on the potential value of your claim.
Why Use National Claims?
National Claims offers expert support by connecting you with experienced solicitors who handle personal injury, stress-related, and workplace accident claims.
- No win, no fee options available
- Friendly, professional advice
- Help every step of the way
You don’t need to suffer in silence or worry about losing your job. Let National Claims guide you through the process and help you assert your rights.
People Also Ask
1. Can I claim against my employer for bullying at work?
Yes, if the bullying has led to psychological harm or a breakdown in your mental health.
2. Do I need to leave my job to claim against my employer?
No, many people claim while still employed. It’s your legal right.
3. Is there a time limit to make a claim?
Yes. Typically, you have 3 years from the date of the incident or diagnosis to file a claim.
4. Will my employer be informed of the claim immediately?
The solicitor handles most communication with the employer’s insurance, not directly with the employer.
5. What if I’m on a zero-hour contract?
You still have legal rights and may be able to claim depending on your employment status.
Final Thoughts
If you’re asking: “Can I make a claim against my employer and still keep my job?”—the answer is yes. You have rights. The law is on your side. Don’t let fear stop you from seeking justice.
With the help of National Claims, you can take action confidently. Our team will ensure you are treated fairly, your claim is handled professionally, and your compensation is maximised.
Contact National Claims today, and we will put you in touch with an expert solicitor who can guide you through the claims process.📞 Call us now free 0800 029 3849 or 📩 Submit an online enquiry to speak to our team. Your safety and well-being matter, and we’re here to help.
Take the first step—get in touch today.
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