Grievance appeal ongoing Tribunal application submitted

[redstar]

Hi hoping someone can help disability ignored grievance appeal ongoing very large company refused conciliation in N.Ireland so slightly different laws with rest of UK now await tribunal submission and grievance appeal .Can I contact case handler for grievance appeal as to when I should have a conclusion .. no estimated conclusion date given ..sorry if more details needed please advise but don't want to expose case .. also will have to represent myself until a certain body in NI can confirm they can represent the case.Ita been horridious even looking at no win no fee options even though you as the individual get basically bought .. very little advise it's seems in NI not in Union as theyir rep had a relationship with person involved and are ERM very good friends

[ULA]

So the law is not always the same between NI and the English/Welsh. However we will try to to help as much as we can.

So when did you have your grievance appeal heard?
Was it complex and was there any indication from the hearing as to how long you may need to wait for an outcome?
Do you know if there was any requirement to carry out any further investigations?

[redstar]

Grievance was dismissed end of December and the Appeal is ongoing with no estimated updates or conclusion basically they failed to enforce ons discrimination on disability .The appeal grievance have declined inclination .I submitted tribunal form yesterday praying filled out correctly.In main it's disability discrimination but had to resign as it was making me I'll other factors bullying ageism etc .Appeal grievance have not confirmed if further investigation.I believe they be stringing it out hoping I will go away.Very large company .

[ULA]

I am not sure what you mean by "The appeal grievance have declined inclination." Can you explain this in a bit more detail.

Did you resign before or after you submitted your grievance appeal?

What was the reason you gave in your letter of resignation for leaving the company?

[redstar]

I resigned while grievance was ongoing .The grievance was dismissed and awaiting Appeal of grievance decision. The company declined conciliation with labour relations. sorry hopes that's better terrible typos

[ULA]

Thank you that is better.

Given that you have resigned, have probably left the company and now submitted a tribunal claim there is less incentive for them to rush to complete the process. Although given you have submitted a claim it would be good practice for them to finish the process as they can set out in their defence they acted fair and reasonably in completing an internal grievance procedure.

If they have declined conciliation then the next thing that will happen is that you will be given a certificate which you will be required to reference in your claim form.

I would in the meantime suggest you need to think about starting to put together everything you need to support the claim you are making.

If you have any further questions as you go through your claim please just come back to this thread. There are similarities between the Tribunals in England and Wales and how they operate in NI, so can try to give you some guidance.

[redstar]

Hi I have the certificate and submitted the tribunal et1.They have asked me for email address or they will post papers.I don't know if I should give them the grievance case handlers email as the company is huge and no email for this sort of thing ? Thanks again Ula

[ULA]

I would suggest they just post the papers but please make sure the correct company name and address is on the claim form.

Alternatively it could be the email address of the HR department or legal department if they have either but you need to know it is an email that is monitored.

[redstar]

Yesterday, 14:17:PM
Sorry maybe should have used existing thread not sure? Submitted ET1 how long before I know if accepted and that papers wil be served to employer ...or if rejected by tribunal

[ULA]

Unfortunately there is no definitive timescale which the ET has to check your ET1 form. What the ET will be checking is whether your claim/ET1 form is:

• Completed on the standard ET1 form
• In time
• Fully completed and contains the required information
• Within the jurisdiction of the employment tribunal
• In a form which can sensibly be responded to
• Otherwise an abuse of process.

If any of these arises, then you will be notified that your claim has been rejected with an explanation of why and how to apply for a reconsideration, if this is applicable. If, the defect is capable of being rectified and the claim is still within the limitation period, then you can rectify the defect/error, and the ET1 can be resubmitted.

If the claim is accepted then they will not confirm this they will just sent your ET1 form together together with an ET3 form for the employer to complete. The employer then has 28 days to respond back to the ET.

[redstar]

Thanks again Ula.Appeal of grievance conclusion received today they ignored the main part about failure to provide ons equipment disgraceful !!

[redstar]

So ET1 was submitted just over a month ago.Received this response from tribunal but what does it mean ?? Anyone able to help please?


The below email has been referred to an Employment Judge who has advised that the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (NI) 2020 places a statutory duty on the Secretary to send a copy of the claim form to the respondents.

Specifically, “Rule 14. Unless a claim is rejected, the Secretary shall send a copy of the claim form, together with a prescribed response form, to each respondent with a notice which includes information on—

(a) whether any part of the claim has been rejected;
(b) how to submit a response to the claim;
(c) the time limit for doing so;
(d) what will happen if a response is not presented within that time limit; and
(e) the availability of alternative means of resolving the issues raised in the claim, including conciliation.”


Yours sincerely,

[redstar]

It's accepted .so now awaiting response from former employer guess that's the 14 days for them to receive papers then 28 days to respond or is it 28 days in total as I will not know when they served ?

[ULA]

If the respondent wants to respond to the claim/s against them that you have presented in your ET1, then they must respond to the Office of the Tribunals within 28 days of the date they were sent a copy of your form.

[redstar]

Thanks again Ula.Is there a way of me knowing when they receive the ET1 so I can keep track of the time limits etc ?