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I have posted on another thread some time ago about my daughter being charged with misconduct by the police, her then employer, in relation to an attendance at my home of a police civilian investigation officer in connection with an assault/public order issue that I reported. In essence, due to police errors, no charges were brought, the offender committed a further offence against my daughter and was later found guilty of a section 4a Public Order Act offence.
In the interim, my daughter, a civilian employee disagreed with the investigator who insisted the original offence was civil (tort) and nothing to do with the police. Daughter was alleged to be unfit to deal with the public (she was one of those responding to and dealing with calls to the police on the 101 service) and charged with misconduct that dragged on for eight months until she was found guilty (of an offence that was worded differently than that she was originally charged with) . Because of the misconduct itself, the allegation that she was unfit to do her job and the multiple refusals of her request for temporary transfer to another department, she became so ill (multiple breakdowns but diagnosed with stress, anxiety and depression) that it was impossible for her to do her job. GP's advice was that it was a psychological issue and that in the GP's experience, my daughter would not recover whilst she remained in her job. She handed in her notice on 29 November, last employment date 28 December.
She has been a member of Unison for twelve years. There were many times during the misconduct issue that she felt Unison was being less than helpful - the main thing was their insistence on treating the misconduct as a stand-alone issue that was nothing whatever to do with the background (briefly explained above). She filled in her Unison claim form re a potential employment tribunal in mid December, Unison "sat on" this until mid February despite daughter chasing it up several times, and now say their solicitor says there are no grounds for a constructive unfair dismissal claim.
Because Unison were so tardy, on my daughter's behalf I took the matter up with ACAS, whose negotiator informed that the ACAS helpline had identified three grounds for a tribunal - constructive unfair dismissal, breach of contract and sexual discrimination/ harassment (I have asked for confirmation of whether it was discrimination or harassment). The police declined to negotiate and the 76 EC(c) was issued giving my daughter until 2 April to put in her ET1. So you can see the pressure here.
What I am asking is can anyone advise about Unison's stance please? How is it possible that a Unison solicitor says there are no grounds for constructive unfair dismissal whilst overlooking the issues of breach of contract and sexual discrimination/harassment? Given the short time left to put in her ET1, any advice will be welcome.
Thank you.
In the interim, my daughter, a civilian employee disagreed with the investigator who insisted the original offence was civil (tort) and nothing to do with the police. Daughter was alleged to be unfit to deal with the public (she was one of those responding to and dealing with calls to the police on the 101 service) and charged with misconduct that dragged on for eight months until she was found guilty (of an offence that was worded differently than that she was originally charged with) . Because of the misconduct itself, the allegation that she was unfit to do her job and the multiple refusals of her request for temporary transfer to another department, she became so ill (multiple breakdowns but diagnosed with stress, anxiety and depression) that it was impossible for her to do her job. GP's advice was that it was a psychological issue and that in the GP's experience, my daughter would not recover whilst she remained in her job. She handed in her notice on 29 November, last employment date 28 December.
She has been a member of Unison for twelve years. There were many times during the misconduct issue that she felt Unison was being less than helpful - the main thing was their insistence on treating the misconduct as a stand-alone issue that was nothing whatever to do with the background (briefly explained above). She filled in her Unison claim form re a potential employment tribunal in mid December, Unison "sat on" this until mid February despite daughter chasing it up several times, and now say their solicitor says there are no grounds for a constructive unfair dismissal claim.
Because Unison were so tardy, on my daughter's behalf I took the matter up with ACAS, whose negotiator informed that the ACAS helpline had identified three grounds for a tribunal - constructive unfair dismissal, breach of contract and sexual discrimination/ harassment (I have asked for confirmation of whether it was discrimination or harassment). The police declined to negotiate and the 76 EC(c) was issued giving my daughter until 2 April to put in her ET1. So you can see the pressure here.
What I am asking is can anyone advise about Unison's stance please? How is it possible that a Unison solicitor says there are no grounds for constructive unfair dismissal whilst overlooking the issues of breach of contract and sexual discrimination/harassment? Given the short time left to put in her ET1, any advice will be welcome.
Thank you.
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