Representation urgently required

[cbreesy124]

Hi legal beagle,

My employers have recently accelerated a minor issue that i reported as minor incivility and has used this to hide behaving a performance system that is guaranteed to have me failed.

She has reached out to a senior to give authority to not confirm me in my post and wants me to attend this meeting however I have no one take with me and it’s due on the 29/11/2023 as it stands.

I have asked her that since I’m off work due to work related stress that is intrinsically linked to the recent overload of work - I have asked for a reasonable adjustment of attending this meeting on the 18/12/2023 when I’m due back at work but she has yet to confirm this.

I would be in a much stronger position had I had someone to join this meeting on Microsoft as I don’t have representation and fear that as a result of next week I could legally be out the door with no Xmas money

I would appreciate anyone help at this stage

Thank you

[ULA]

Can I ask how long have you been employed at the company?

You mention that you believe actions being taken by your employer are do you raising an issue, was this on an informal basis or did you raise a grievance? I presume this was before you went off sick?

How long have you been off work for?

What type of meeting has your employer asked you to attend?

[cbreesy124]

Hi so basically - it’s for Camden council, currently with unison however denying me representation due to the fact that I have not met the 4 week joining criteria - I’m only 4.5 months into the role but somehow have upset the natural order of things but my rights are limited, they clearly not taking me seriously for all of the above and even less should I go to this meeting alone, the last I left it was sent an email asking for a reasonable request to wait for a decision to this meeting namely termination until I return

[ULA]

Since you have not had 2 years employment, unfortunately unless there is any grounds for discrimination, then the council can "fairly dismiss" you.

Most unions as far as I understand have a minimum period requirement after joining before you can get access to some services and I presume this includes representation. Are you are signed off work until 18 Dec and I presume by this time you may have met your union qualifying period to be able to have them at the meeting.

If you are being invited to a disciplinary meeting then you have the right to be accompanied but that can equally be a colleague if the union cannot attend.

[cbreesy124]

Yes but my employer is insistent on continuing proceedings on the 29th even though she is aware of my current sickness - I have stated that I would equally raise a grievance to that of discrimination as i at the very least have a right to have my representation time to consider the information as well as the convenient time to meet this requirement.

[ULA]

Your post of 22 Nov says that your employer is considering the reasonable adjustment, have they now come back to you to say that they still want to continue.

What protected characteristic do you believe covers any discrimination?

[cbreesy124]

My employers are not considering any reasonable adjustment and just exerting intolerable pressures knowing I don’t have enough service to possibly bring a claim with potential success, a pretty tough situation to be in, I’m seriously considering to hand in my notice as soon as my sickness certificate expires

[ULA]

At the very outset I post that with less than two years service you could be dismissed fairly unless there was any potential for a discrimination claim.


I did ask in my last post "What protected characteristic do you believe covers any discrimination?" as you stated in your post #5 " I would equally raise a grievance to that of discrimination ..." However you have not answered this question.

[cbreesy124]

To raise a grievance for discrimination only puts a monkey on my back especially that the manager decided 6 weeks ago to hide behind “performance management” to manoeuvre me out of the council - I have already submitted my notice and looking for other positions as nothing I do will be enough in that team

[ULA]

Thanks for the update and wish you success in finding a new position.