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Hi everyone..
I'm trying to put together an ET1 for my husband, as I know his case inside out due to supporting him throughout because of his poor mental health. I'm confused regarding section 8.2. and could with some guidance please.
How detailed does this section need to be...Do I just say what happened or do I say what happened, how it affected the outcome and what employment laws, internal policies and ACAS codes were breached and why?
I'm happy to do either, but I don't want to provide too much info and legal details if not required, on the flip side I don't want it just to read he did this, they did that and not substantiate my points.
This is an example of what I have drafted, but now I'm thinking I shouldn't be including the legal references. Any help or feedback would be great thanks.
8. The Respondent's actions following the incident demonstrate a concerning disregard for my safety and well-being, breaching internal policies and statutory obligations under health and safety legislation. The Respondent's failure to follow their own policy and their legal duty of care directly endangered my safety and created a hostile work environment, contributing to my unfair dismissal.
Despite serious threats made by xxx, including a direct verbal threat over the telephone on xxxx, the Respondent failed to notify me at the time, report the threats to the police, or adequately inform internal safety teams.
This not only placed me and my family at risk, as xx could have potentially used information to locate and harm us, but also created a situation of significant distress and anxiety due to the delayed notification. This contributed to an environment of fear and insecurity, further impacting my well-being and contributing to my unfair dismissal.
The Respondent's failure to report the telephone threat to the police directly violates the internal "Procedure for dealing with abusive or threatening phone calls" policy, showing a disregard for established safety protocols. This neglect also breaches their duty of care under the Health and Safety at Work Act 1974, as they failed to ensure a safe working environment by not addressing the threats or protecting me from potential harm. Specifically, Section 2(1) of the Act highlights their failure to ensure, so far as reasonably practicable, my health, safety, and welfare at work, while Section 7(a) underscores their neglect in preventing foreseeable risks to my safety. Additionally, the Respondent failed to conduct a sufficient risk assessment under the Management of Health and Safety at Work Regulations 1999, Regulation 3(1). Their inaction also breaches the Protection from Harassment Act 1997, as their failure to address xxx threats may constitute neglect in preventing harassment likely to cause alarm or distress. Finally, under Section 98(4) of the Employment Rights Act 1996, their failure to ensure my safety rendered my dismissal unfair, as their actions were unreasonable under the circumstances.
I'm trying to put together an ET1 for my husband, as I know his case inside out due to supporting him throughout because of his poor mental health. I'm confused regarding section 8.2. and could with some guidance please.
How detailed does this section need to be...Do I just say what happened or do I say what happened, how it affected the outcome and what employment laws, internal policies and ACAS codes were breached and why?
I'm happy to do either, but I don't want to provide too much info and legal details if not required, on the flip side I don't want it just to read he did this, they did that and not substantiate my points.
This is an example of what I have drafted, but now I'm thinking I shouldn't be including the legal references. Any help or feedback would be great thanks.
8. The Respondent's actions following the incident demonstrate a concerning disregard for my safety and well-being, breaching internal policies and statutory obligations under health and safety legislation. The Respondent's failure to follow their own policy and their legal duty of care directly endangered my safety and created a hostile work environment, contributing to my unfair dismissal.
Despite serious threats made by xxx, including a direct verbal threat over the telephone on xxxx, the Respondent failed to notify me at the time, report the threats to the police, or adequately inform internal safety teams.
This not only placed me and my family at risk, as xx could have potentially used information to locate and harm us, but also created a situation of significant distress and anxiety due to the delayed notification. This contributed to an environment of fear and insecurity, further impacting my well-being and contributing to my unfair dismissal.
The Respondent's failure to report the telephone threat to the police directly violates the internal "Procedure for dealing with abusive or threatening phone calls" policy, showing a disregard for established safety protocols. This neglect also breaches their duty of care under the Health and Safety at Work Act 1974, as they failed to ensure a safe working environment by not addressing the threats or protecting me from potential harm. Specifically, Section 2(1) of the Act highlights their failure to ensure, so far as reasonably practicable, my health, safety, and welfare at work, while Section 7(a) underscores their neglect in preventing foreseeable risks to my safety. Additionally, the Respondent failed to conduct a sufficient risk assessment under the Management of Health and Safety at Work Regulations 1999, Regulation 3(1). Their inaction also breaches the Protection from Harassment Act 1997, as their failure to address xxx threats may constitute neglect in preventing harassment likely to cause alarm or distress. Finally, under Section 98(4) of the Employment Rights Act 1996, their failure to ensure my safety rendered my dismissal unfair, as their actions were unreasonable under the circumstances.
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