Grievance Case

[Rks2020]

Hi,

Is this considered a disability related? I thought one had to have the condition for a year?

Thanks

[Rks2020]

Hi,

Would like some help please with ET1, want to make sure I am within time, my latest grievance I put in was a month ago regarding 2 incidences and there was one I put in I Dec 23 can all these linked up to one ET case as they are all related?
The 1st incident is due to have final mediation in next month but I do not see a resolution.
I was told that the they can be all linked as the countdown timer is from last incident?

[Benny8902]

Hi,

Would like some help please with ET1, want to make sure I am within time, my latest grievance I put in was a month ago regarding 2 incidences and there was one I put in I Dec 23 can all these linked up to one ET case as they are all related?
The 1st incident is due to have final mediation in next month but I do not see a resolution.
I was told that the they can be all linked as the countdown timer is from last incident?

It would be formed as a continuum, but are you sure you know the exact pleadings you wish to bring?

Have you also notified ACAS? If not you MUST do this before completing your ET1.

[Rks2020]

Hi,
Not sure what my 1st incident would come under?

1. Accusation of fabricating a document?

2. The case of accusing me of taking unauthorised leave. Manager failed to communicate to operations that it was agreed.
3. Removal of my shift allowance, revengfull act.
Where I had agreed part of me taking up new role, agreed by HR at the time.

2 and 3 I would say are victimisation as that's what I put in the 2nd grievance for as these were I believe brought about after me taking out grievance against manager. Not sure what the 1st one would come under but it has resulted in triggering mental health issues I never had before and now under medication and been suffering episodes of anxiety and depression almost on daily basis.

So I have just filled in the initial form where it's says to accept and submit to acas. I presume I fill out all detailed paperwork after hearing back from them?
I don't see any point in conciliation as I have been through a unfair process of appeal and now mediation. But I will do it if it will help my case?

[ULA]

Sorry to say the advice from your union is incorrect. The first thing you would need to do is undertake Early Conciliation (EC) via ACAS even if the process does not reach a settlement or you say you do not want to engage in the EC process (not a wise idea in my opinion), since without obtaining a certificate number you cannot go on to submit an ET1 to an employment Tribunal. This is because you are required to fill in this information when completing the ET1 form.

Time limits are 3 months less a day for the majority of employment tribunal claims. You need to be very clear about what your complaint is and explain on the ET1 form the events leading up to your claim, including any relevant dates. You would also need to provide the relevant law which applies to your claim.

[Rks2020]

Thanks ULA,

So I should be within the time frames as the last episode of the continuum was in beginning of Feb this year as was the letter for removal of allowances.

So the correct pleadings and relevant laws will have to be in place on Et1?
I will need the help of union legal team, they will overlook this, failing that I can use my insurance legal services whom I have already spoken to.

I Guess in both cases they will need to be sure I have over 50% chance of winning my case before they take this further?

I will use the EC process and notify Acas.

Thanks

[ULA]

The ET1 form that you complete, unless later in the process you are allowed to present what is called Further and Better Particulars, is the only opportunity for you to present the full details of your claim. Unfortunately sometimes litigants in person do not understand this and think they can add details at a later stage and they may not be given leave by a Judge to do this. So my advice is to set out your claim in full detail and give an indication of the relevant law you will be relying on.

Indeed you are correct, there are thresholds that legal services insurance and the union apply in terms of the merits of the claim and the % chance of winning in order for them to represent you.

[Rks2020]

Just filling out the form for Acas Early conciliation, it's asking name of person who might be willing to take part in early EC, should this be the senior manager who chaired the griev3 appeal?
Also should I instruct union rep or legal representative from my insurance or take the questions myself when Acas call me?

Obviously if EC is not successful I will have to engage Union legal services or insurance legal cover.

Thanks

[Rks2020]

Actually, I'm not thinking straight, Acas cannot be surely talking to the same group within the Site, it has to be someone outside, so I'm not sure who to name, I guess HR will have to put someone forward?
Can I request this?

Thanks

[Benny8902]

Actually, I'm not thinking straight, Acas cannot be surely talking to the same group within the Site, it has to be someone outside, so I'm not sure who to name, I guess HR will have to put someone forward?
Can I request this?

Thanks

Just filling out the form for Acas Early conciliation, it's asking name of person who might be willing to take part in early EC, should this be the senior manager who chaired the griev3 appeal?
Also should I instruct union rep or legal representative from my insurance or take the questions myself when Acas call me?

Obviously if EC is not successful I will have to engage Union legal services or insurance legal cover.

Thanks

As I am going through tribunal I can provide some assistance on this.

You would put the contact detail down for someone senior so that would be someone high-up within the HR department. They then can pass this along to whoever the correct individual is who has the "authority" to deal with "potential" legal discussions. DO NOT under any circumstances put you line managers or a senior manager down, you pick someone from the HR department, even use the work system to pick the most senior one, preferably one you've not dealt with.

You will receive an email from ACAS - and then assigned a conciliator, remember these conversations are "privileged" so don't discuss them with anyone at work. I would also advice that you don't make any disparaging comments about the "respondent" employer while going through this process now. Professional is key.




But without saying, sock it to the basta*ds "professionally", goodluck.

[Rks2020]

Only problem is we do not have HR dept on site,
Will have to do some research and find some names
from head quarters, but insist on the form that talks must be from staff outside the site.

Thanks

[Benny8902]

Only problem is we do not have HR dept on site,
Will have to do some research and find some names
from head quarters, but insist on the form that talks must be from staff outside the site.

Thanks

Just the main HR department. You will have one it should be within contract, would make sure you find one ASAP and then get ACAS submitted this afternoon.

Time is of essence so you can use the ACAS EC including negotiating part of ACAS EC to stop the time-limit on needing to complete ET1.


While ACAS EC is ongoing and you get the email introducing your early conciliator (they will want to set up a meeting with you) reach out to your legal insurance and get the ball rolling with them, remember you have legal right with your legal insurance to pick a solicitor of your choice who offers this type of service.

on the point of "talks outside the site", generally the HR department will speak with everyone involved, and what not..

another thing the early concilliation person will ask is what compensation you want, be realistic, but don't undervalue yourself.

It's a game of offer tennis, go in as "high" as you can, and go from their. Don't turn around and say you want a million, as that would be considered very unreasonable.

[Rks2020]

I have started the Acas process for EC, but doe sthos mean if I'm asking for some kind of compensation for the injury caused that the employer will be looking to terminate my employment?

It's not what I want, I just want recognition for what's happened the way I have been treated and to be treated fairly, to acknowledge I will need reasonable adjustments, hope that's not too much to ask for as to date my grievance has not been handled fairly. Though I guess employer may want to go to ET.

[ULA]

Your employer will either engage in the EC process or not. In terms of your employment then you will continue to be employed by the company.

There would need to be a fair and reasonable process if they did terminate your employment.

How long have you been employed there?

[Rks2020]

Hi,

Can the employer just terminate my employment?

I have been employed for 44 years this coming May.
I have a clear sick record for 16 years. The system does not show any sickness as it only goes back the last 10 years.

I do not want my employment terminated because of my actions of trying to get a resolution and adjustments.

Thanks