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I am attempting to assist a friend with disability discrimination. They are currently on long term sick leave.
They filed a grievance which having heard nothing for over 9 weeks has now come back with some small points partially upheld but the discrimination/ harassment aspects either not addressed at all or denied.
We notified Acas two weeks after the grievance letter (due to the time limit for claims) and we have now received the certificate.
The claimant is considering resigning and adding constructive dismissal to the claim.
I would appreciate it if someone could advise on the following:
If they do resign, can we add constructive dismissal to the ET1 form which has not been submitted yet or does a new Acas notification needs to take place?
The company is defending the manager that subjected the claimant to the harassment which for example included mocking him for taking antidepressants and saying they won't help him, stating he behaved within company policy.
Is it unwise to resign before appealing the grievance considering the above? Bearing in mind we need to submit the ET1 form within the next week?
The claimant really wants to resign at this point as he considers his employment over anyway but is there any benefit in remaining employed while the claim goes to court?
Also, with regards to the claims timescales, does each type of discrimination need to fall within the 3 month less 1 day timescale ie. the harassment aspect and discrimination arising from a disability, It has been continuing acts of discrimination some were arising from disability and some harassment. So with regards to the 'last act' does both these discrimination types have to be in the last act to bring both these claims or does it all fall under discrimination?
Any advise offered would be greatly appreciated.
They filed a grievance which having heard nothing for over 9 weeks has now come back with some small points partially upheld but the discrimination/ harassment aspects either not addressed at all or denied.
We notified Acas two weeks after the grievance letter (due to the time limit for claims) and we have now received the certificate.
The claimant is considering resigning and adding constructive dismissal to the claim.
I would appreciate it if someone could advise on the following:
If they do resign, can we add constructive dismissal to the ET1 form which has not been submitted yet or does a new Acas notification needs to take place?
The company is defending the manager that subjected the claimant to the harassment which for example included mocking him for taking antidepressants and saying they won't help him, stating he behaved within company policy.
Is it unwise to resign before appealing the grievance considering the above? Bearing in mind we need to submit the ET1 form within the next week?
The claimant really wants to resign at this point as he considers his employment over anyway but is there any benefit in remaining employed while the claim goes to court?
Also, with regards to the claims timescales, does each type of discrimination need to fall within the 3 month less 1 day timescale ie. the harassment aspect and discrimination arising from a disability, It has been continuing acts of discrimination some were arising from disability and some harassment. So with regards to the 'last act' does both these discrimination types have to be in the last act to bring both these claims or does it all fall under discrimination?
Any advise offered would be greatly appreciated.
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