Disaplinary, Potential Discrimination, Not sure what to do. Need help.

[maccamac]

Sorry don't think I was very clear in what I wrote there.

So the disciplinary outcome was dismissal and the appeal didn't go in my favour.

And as for the greivance, I've literally got nowhere with it. I'd have to double check on the emails when I submitted it as I can't quite remember sorry. They just will not respond to it, if I contact them to ask what is happening regarding it, they still don't get back to me. I have only had one response from them where they vaguely acknowledge it, but it's only to say they offered me two attempts to attend. I'm just getting apsaloutley no where, it's really strange. And frustrating.

Thank you

[ULA]

I would appreciate the information on the grievance process.

Please can you also confirm the date of termination and what the arrangement is regarding notice?

[maccamac]

I submitted it using the online template from ACAS on 22/06 via email to the people team. I had asked for a copy of the employee handbook which tells you the process but they were unable to provide one. If I haven't followed the correct process then they haven't let me know otherwise.

So on the letter it appears date of termination is 18/06. And without notice.

Thank you.

[ULA]

It sounds like your dismissal has been done on the basis of summary dismissal for gross misconduct for there to have been no notice paid.

The company may have decided that since you submitted your grievance after your employment ended then as an ex-employee, they had no requirement to deal it. This is consistent with the fact that the ACAS Code of Practice on Disciplinary and Grievance procedures does not expressly state that it applies to grievances raised by employees who have already left the organisation. However, the Trade Union and Labour Relations (Consolidation) Act 1992, under which the code is issued, does apply to former employees. Therefore, it is arguable that employers should follow the code when they receive a grievance from an ex-employee.

I think what you need to do is decide is whether:

1. You believe you have a claim for unfair dismissal based on disability discrimination.
2. You want to pursue your employer with an Employment Tribunal (ET) claim which will start with a process of Early Conciliation via ACAS. Although please do not underestimate how stressful this process can be nor the length of time it will take to get to a hearing over 12 months given the current ET backlog.

If you do decide you have an ET claim to progress, then you will need to start this within 3 months less a day from termination.

[maccamac]

Okay thank you. I did have a further response from them stating they did pass my concerns onto the disciplinary manager but they didn't elaborate so I think that is the best answer I'm going to get.

Thank you for all you help and advice. As much as I potentially may have a claim from everything I have read it sounds as if going through an ET is not a pleasent or easy experience and my time is probably going to be better spent moving forwards and re building my mental health. Until this I had no idea disciplinarys could even be this long or difficult and I think that may be enough stress for me.

[ULA]

Indeed an ET process, especially if you to be a litigant in person representing yourself, can be stressful and unfortunately, as I have mentioned the process is not a quick one due to the case backlog. You still have time to consider what you want to do but please be mindful of the deadline for making a claim set out in my post #19.

I wish you all the best.