grievance procedure

[tastyjane]

Re: grievance procedure

It's still the same today Tech Clerk - the majority of a payment is based on loss of earnings so say you get removed from a company and lodge a tribunal claim but manage to secure a new job a couple of weeks after your payment would only be based on the loss of earnings for those two weeks - they will also award an amount if you have had to incur a drop in wages and of course there may be a payment for distress caused but these aren't usually very high - I know so many people that get to tribunal having turned down a without prejudice offer of a couple of K and then are shocked that they only get a very small payout!

In the case of the friend I am currently working with we are setting out at the outset to gain an out of tribunal settlement through compromise to be honest as although the situation she was involved with was awful I have seen tribunals swing both ways on sexual harassment cases. Having said that if she had just left she would have got nothing so submitting a claim is worth it I feel.

Jane x

[fredbare]

Re: grievance procedure

Thank you both

Hi Tastyjane, Understood, will write as a story, facts only. Thats a nasty case your dealing with, I hope it goes well for your friend. My family members claim is unimportant compared to yours, ignoring complaints and grievances, h&s issues, treating him like shxxt, I have warned him not to expect too much from the tribunal, if it gets that far. Good luck with yours.

Hi TC

So you would have been better off taking the 50% then. I believe all tribunal cases go straight to acas now for conciliation before going to the actual tribunal hearing. I think family member wants the chance to have his say more than anything else as he was denied this in his grievance hearing and has been ignored since.

Thanks to you both #Fredbare

[The Tech Clerk]

Re: grievance procedure

Trouble is was the 50% of £149.64 after all the deductions.

[fredbare]

Re: grievance procedure

Maths was never my strong point. Do you know the answer to that one TC?

My best guess would be that the 50% would have been 3 months at 21 pound pw = about 250 less anything you had already claimed from the dole office.

Still confused, useless at maths.

Fredbare

[The Tech Clerk]

Re: grievance procedure

Maths was never my strong point. Do you know the answer to that one TC?

My best guess would be that the 50% would have been 3 months at 21 pound pw = about 250 less anything you had already claimed from the dole office.

Still confused, useless at maths.

Fredbare

No = Nothing from Doe Office hence £21.00 per week social security payments, as the Doe office was saying I got myself dismissed from Job, that was why eventually a Tribunal application was made, but takes ages after they investigate reports from employer and me, so until they admitted unfair dismissal then according to them I was not entitled to Doe money only social security payments. I worked out if no deduction except the £21.00 per week social payments then I would of received £650+ unemployment money over that time.

[fredbare]

Re: grievance procedure

Even more confused now TC. Did you have the unemployment benefit bit backdated? Hope so, as you won your et they should have made it up to your full benefit.

We all moan about the dwp today, but the benefits office back then were heartless gits.
They had me in tears more than once. They were like a secret society, if you dont know what your entitled to dont ask us, ignorance is no excuse.

[The Tech Clerk]

Re: grievance procedure

backdated but they took under section this that other so ended up with what I said.

[fredbare]

Re: grievance procedure

blxxdy hell that was a lot of deductions! Makes you evil. Hope things got better for you and all ok now.

Still confused though Would you have been better off taking the 50%.

Me+Maths=Stoopid

[The Tech Clerk]

Re: grievance procedure

blxxdy hell that was a lot of deductions! Makes you evil. Hope things got better for you and all ok now.

Still confused though Would you have been better off taking the 50%.

Me+Maths=Stoopid

was in the 80s.

[fredbare]

Re: grievance procedure

In the 80s that was a lot of deductions, and I hoped things got better for you after that. It was in the 80s they had me crying on the steps of the social security office.

[fredbare]

Re: grievance procedure

Fredbare; on ET1 form you need to list the key points and then conclude with what grounds you are applying for compensation (sexual discrimination; unfair dismissal; constructive dismissal etc).

It is a brief overview of the facts - I find it is best to be clear and concise and use a clear timeline, try not to overcomplicate matters so stick to the main issues at this stage.

Hope that helps.

Jane x

Morning,

I wouldn't, just set out your case factually (tell the story but keep to the point and don't waffle )

Then summarise with why you are claiming, they will have to respond with an ET3 which a copy should be sent to you. You would then put evidence in a "bundle" and submit to tribunal once you have a date. Obviously refer to important correspondence but the ET1 is just to lodge your intent and the reasons why.

Going down the same path with a friend of mine so I will watch this thread with interest (mine has only 11 months service but has been treated appallingly, firstly in an instance of sexual harassment and bullying then compounded by company's handling of the situation, claiming constructive dismissal on these grounds.)

Good luck.

Jane x

Hi everyone

A quick update. Phoned acas for help with et1 form. They wanted us to try conciliation before submitting et1 form. Asked me to discuss it with family member and ring them back if we wanted to go ahead. Family member said he would go after et1 form is submitted, acas will automatically get a copy of et1 form.

Finished the draft and submitted, have to wait now.

Will keep you informed

Thanks Fredbare

[tastyjane]

Re: grievance procedure

Good luck Fredbare; I will watch with interest as I have not been involved with the ACAS conciliation service so it will be interesting to see how this goes. The feedback I have had from other HR Managers is that it can work well and often will keep their cases out of full tribunal hearings.

Jane x

[fredbare]

Re: grievance procedure

Hi Tastyjane

Claim was accepted and have date for CMD, bit concerned about this, information I have found on web says this is usual if the claim needs clarifying. Does anyone know about this please? Will they expect us to quote regulations or anything?.

Opinions always welcome, thanks again

Fredbare

[fredbare]

Re: grievance procedure

Hi everyone

If an employer has the old employment act 2002 (dispute resolution) regulations 2004 in force as their internal grievance procedure and still following them, could this help the employee in any employment tribunal if the employee has been following the acas code of conduct.

Would welcome opinions on this please. I am helping with an et1 form.

Many thanks

Hi Tastyjane

Claim was accepted and have date for CMD, bit concerned about this, information I have found on web says this is usual if the claim needs clarifying. Does anyone know about this please? Will they expect us to quote regulations or anything?.

Opinions always welcome, thanks again

Fredbare

Hi everyone

Have spoken to acas, they dont seem that concerned about the employer following a non existant procedure as long as they follow something? They havent even complied with that!

So it seems that I have to prove that the constructive dismissal was fair before the tribunal takes the acas code into consideration and then they can decide if the employers actions were responsible or not.

Would appreciate any thoughts or opinions and any help on the question of quoting regulations at the cmd.

Thanks again

Fredbare

Would appreciate

[tastyjane]

Re: grievance procedure

Oh Fredbare, I am going to be honest here, it is usually very difficult to prove constructive dismissal unless it is a clear breach of contract - change in pay conditions etc. To be honest even the lady I am helping who has followed the grievance procedure and the company has agreed she has suffered sexual harassment would not be guaranteed that ACAS would uphold a constructive dismissal claim. I have worked with her so that throughout the process we have been really looking for a compromise agreement from the company to make her go away .

It is difficult to comment as I am not sure of the grounds in which your friend resigned from their job - perhaps you could pm me with the detail if you feel comfortable to do so and I could be a bit more help.

Jane x