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ET after grievance appeal meeting

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  • ET after grievance appeal meeting

    Hi, I wonder if anyone can help or advise me.

    I'll give you a brief run down. I was at work last year when I was attacked in an armed robbery. The robbers had used a master key taken from the hotel managers unlocked safe. After the robbery they had done nothing to improve security or change the locks. I raised a grievance and the day before that took place, the robbers had come back but I'm unsure if they took anything that time. I raised my grievance over my health and safety and that there was known previous thefts which later showed that the robbers had been using this key for sometime. I had my first meeting and my points weren't upheld. I asked for the minutes which were incorrect and I forwarded to them a summary account of what I actually recorded. I then had another meeting which seemed more professional but my points were again not upheld nor all answered. I then provided further proof of previous thefts and emails from hotel manager stating they were thefts and asked why my points raised were not all answered.

    I finally had a grievance appeal meeting with a Director at work some 8 months later. Before the first two meetings they failed to provide me with a copy of and policies and procedures saying everything I need is in the employee handbook - that only gives a brief summary. They say they have no discrimination policy and they are unaware where any risk assessments are kept (and still not provided me with any, although they claim to have updated them afterwards). In the meeting this person refuses to allow me to revisit grievance points or allow new points and also admits my appeal will be unsucessful. A lot of other things were said by this person including that they had not carried out any investigation to how or who took the key. They claimed the site was safe to return to but I provided proof that was untrue.

    I have been classed as disabled (by the industrial accident benefits - off with ptsd and other injury) and been unable to work since after the robbery at work. The company sick pay stopped after I disagreed with the previous meetings outcome (not inline with what the policy states and not informing me it was going to stop), when I provided my employer with proof that my points should of been upheld. After this appeal meeting they refused to allow the minutes to be amended and once they have served me with the outcome, I then stated I wanted to make a formal complaint about the contents and how the meeting was conducted. They refused, then blocked my emails.

    Luckily, I recorded the appeal meeting and have since filed an ET1 for failure to carry out grievance procedures correctly, making a disclosure, diasbility discrimination, victimisation and harassment. My employer has now invited me to attend numerous meetings since I submitted ET1 inc a possible constructive dismissal for use of inapproriate use of company email and possible dismissal for capability. I basically sent every works site an email to be forwarded to the Director after they blocked my emails of me requesting to make a formal complaint about them including a local journalist, although i did put a disclaimer at the top of the email. Not the smartest move, I know but how else could I get point across when stressed and frustrated - now they have invited me to another meeting to possibly hear my grievance.

    Do I have to meet with them since starting my ET claim? I really don't trust them and they have shown that they are incapable of doing things fairly and correctly.

    I worked there for over 3 years, I am not a member of a union nor do I have insurance to cover legal costs so i'm doing this on my own.
    Tags: None

  • #2
    Re: ET after grievance appeal meeting

    Hi Billabong and welcome to Legal Beagles.

    Your employers seem to have broken every rule in the book. You can obtain free or very low-cost legal advice from your local Law Centre or Community Legal Service office or, alternatively, your local CAB, to whom I would strongly advise you to speak asap. You should also speak to ACAS.

    Failing to carry out a risk assessment is a breach of Regulation 3, Management of Health and Safety at Work Regulations 1999. From what you say, your employers have been alarmingly lax in their compliance with Employment Law and Health and Safety at Work legislation.
    Life is a journey on which we all travel, sometimes together, but never alone.

    Comment


    • #3
      Re: ET after grievance appeal meeting

      under the Management of Health and Safety at Work Regulations 1999, every commercial business needs to have a

      SAFE SYSTEMS OF WORK IN PLACE

      from the SSOW, a risk assessmant then needs to be carried out EVERY 12 MONTHS.

      these risk assessmants have to be made avaliable when requested immediately and are kept in the managers office with the accident book etc

      if your grievance has been unsuccessful or ignored, go straight to a stage three grievance

      how can they say they are going to use constructive dismissal to sack you.
      you bring the claim for constructive dismissal, not the employer

      if you have made a protective disclosure under the whistleblowing act, then any dismissal because of it would be automatically unfair

      the only people you should be dealing with as you have instigated an ET 1 claim would be the company solicitor handling the claim

      i would do everything in writing, you need to put pen to paper and state what you require to put things right. mark the letter "without prejudice" so it cant be used in the tribunal and see what they come back with

      awards at a tribunal are not that high unless you are an airline pilot for example. the average payout for unfair dismissal is six grand. if they order your reinstatment and they refuse, you will only be entitled to a 25 % uplift

      dont be scared of costs, costs are only applicable if the judge states that he thinks the claim is without merit (vexatious)


      ARE YOU STILL EMPLOYED BY THIS COMPANY AS I WOULD BE CONSIDERING A CIVIL CLAIM FOR DAMAGES AS WELL

      Comment


      • #4
        Re: ET after grievance appeal meeting

        Hi, thanks for the replies and welcome.

        I am still employed and have been advised by various people not to resign, no matter how they conduct themselves. It is pretty clear that they have bent or broken a lot of rules. All communication has been done by email so there is a full paper trail along with a few recordings.
        With regards to the RA, they claim there was one in place before, then amended after the robbery but I've never seen one and the Director admitted to not having a clue where it is and stating "it's got to be somewhere." I requested a copy but have never seen it, although that wouldn't stop them producing amended or backdated copies at any stage.
        Surely they would need to have a discrimination policy and procedures, wouldn't they?

        Trying to get in to my local CAB take some doing but I will check if having IAB entitles me to any further legal advice.

        The company don't use Solicitors and appear to do it all themselves, which is maybe why there has been so many mistakes made. There a real devious bunch but I'm not worried about hurting there feelings and all that seems to be happening is there driving a bigger wedge and losing any creditabilty they did have. I'm unsure to attend any of the proposed meetings as I know there doing them as a formaility and to show an ET that they have tried to amend any wrongs? I know what ever I do they will still either deny or not uphold any points I have raised.

        Comment


        • #5
          Re: ET after grievance appeal meeting

          Originally posted by miliitant View Post

          if your grievance has been unsuccessful or ignored, go straight to a stage three grievance
          What's a stage three grievance?

          Comment

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