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Some of you have helped me greatly in the thread "Difference of opinion between Unison & Acas". Taking the matter further, I complained to Unison on behalf of my daughter and would appreciate any further assistance please.
My above thread explains why we thought daughter had grounds for a Tribunal against her employer. Unison, having obtained legal advice, refused to fund her claim and daughter became too distressed to even consider bringing a tribunal on her own without representation. Hence our Stage 2 complaint - grounds, mainly that the branch secretary provided too few documents for an informed decision to be made, untruthfully wrote on the application that she resigned without consulting Unison, delayed her application for Unison assistance for two months and that the Regional Organiser should have known that the branch official had provided too few documents for an informed decision to be made.
First problem - Unison are apparently not following complaint procedure - we correctly sent the Stage 2 complaint to the Regional Secretary (Maggie Ferncombe, Unison South East, Brighton) and received her 17 March reply informing that she had requested investigation by Ron Harley, Regional Manager for the Representation Resources and Systems Management Team, Brighton. Today, 31 March, daughter has received an email from Peter Terry, Regional Organiser, Southampton saying that Maggie Ferncombe has asked him to investigate the complaint. Given that the complaint concerns a Southampton Unison Branch, and an Area Organiser in the same office as Peter Terry, and also that Peter Terry wrote to my daughter on 21 March saying (amongst other things) that "It is with regret that I have to inform you that Unison will be unable to lodge a claim on your behalf or to provide you with any representation at the Employment Tribunal" AND " must also advise that as it is Unison's view that any claims you may have would have no or very little prospects of success at the Employment Tribunal you are strongly advised not to lodge them", isn't it unreasonable for Peter Terry to investigate the complaint and shouldn't we request that they follow procedure, including Ms Ferncombe's letter that the complaint be investigated by Ron Harley, Brighton? If for no other reason than that Peter Terry, being someone who was previously involved in the refusal of daughter's claim to Unison for legal representation in bring an employment claim, is not impartial and therefore cannot be expected to properly investigate her complaint?
Second problem - My daughter has been invited to provide any documents for Unison's consideration of her complaint. Given that the complaint is that Unison refused to fund her reasonable expectations re an Employment Tribunal Case (that ACAS had previously advised she had good grounds to bring), how far should we go with the evidence? IE, if we prove the case against her employer, we reasonably prove that she had a winnable case for an employment tribunal and that Unison let her down by refusing to take the case. Further, given that the work situation that caused my daughter to so distrust her employer that she resigned, arose entirely as a consequence of police failures in a criminal matter, should we also provide Unison with evidence about the police failures and the criminal offence for which my daughter's assailant was later found guilty?
Third problem - Daughter lost the opportunity to go to an employment tribunal (last date for the E1 form is 2 April). Unison let how down badly and she had neither the confidence nor the money to instruct solicitors herself. Am I right in thinking that she may have some rights against her employer in a civil court and if so, is the limitation period three years?
I would appreciate any advice/opinion. Thank you.
Some of you have helped me greatly in the thread "Difference of opinion between Unison & Acas". Taking the matter further, I complained to Unison on behalf of my daughter and would appreciate any further assistance please.
My above thread explains why we thought daughter had grounds for a Tribunal against her employer. Unison, having obtained legal advice, refused to fund her claim and daughter became too distressed to even consider bringing a tribunal on her own without representation. Hence our Stage 2 complaint - grounds, mainly that the branch secretary provided too few documents for an informed decision to be made, untruthfully wrote on the application that she resigned without consulting Unison, delayed her application for Unison assistance for two months and that the Regional Organiser should have known that the branch official had provided too few documents for an informed decision to be made.
First problem - Unison are apparently not following complaint procedure - we correctly sent the Stage 2 complaint to the Regional Secretary (Maggie Ferncombe, Unison South East, Brighton) and received her 17 March reply informing that she had requested investigation by Ron Harley, Regional Manager for the Representation Resources and Systems Management Team, Brighton. Today, 31 March, daughter has received an email from Peter Terry, Regional Organiser, Southampton saying that Maggie Ferncombe has asked him to investigate the complaint. Given that the complaint concerns a Southampton Unison Branch, and an Area Organiser in the same office as Peter Terry, and also that Peter Terry wrote to my daughter on 21 March saying (amongst other things) that "It is with regret that I have to inform you that Unison will be unable to lodge a claim on your behalf or to provide you with any representation at the Employment Tribunal" AND " must also advise that as it is Unison's view that any claims you may have would have no or very little prospects of success at the Employment Tribunal you are strongly advised not to lodge them", isn't it unreasonable for Peter Terry to investigate the complaint and shouldn't we request that they follow procedure, including Ms Ferncombe's letter that the complaint be investigated by Ron Harley, Brighton? If for no other reason than that Peter Terry, being someone who was previously involved in the refusal of daughter's claim to Unison for legal representation in bring an employment claim, is not impartial and therefore cannot be expected to properly investigate her complaint?
Second problem - My daughter has been invited to provide any documents for Unison's consideration of her complaint. Given that the complaint is that Unison refused to fund her reasonable expectations re an Employment Tribunal Case (that ACAS had previously advised she had good grounds to bring), how far should we go with the evidence? IE, if we prove the case against her employer, we reasonably prove that she had a winnable case for an employment tribunal and that Unison let her down by refusing to take the case. Further, given that the work situation that caused my daughter to so distrust her employer that she resigned, arose entirely as a consequence of police failures in a criminal matter, should we also provide Unison with evidence about the police failures and the criminal offence for which my daughter's assailant was later found guilty?
Third problem - Daughter lost the opportunity to go to an employment tribunal (last date for the E1 form is 2 April). Unison let how down badly and she had neither the confidence nor the money to instruct solicitors herself. Am I right in thinking that she may have some rights against her employer in a civil court and if so, is the limitation period three years?
I would appreciate any advice/opinion. Thank you.
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