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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44919
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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What action can I take when an employer has refused to hear

Customer Question

What action can I take when an employer has refused to hear my grievance during a dismissal hearing?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long you have worked there.

JACUSTOMER-1a3y7dxv- :

I began employment in April 2002

JACUSTOMER-1a3y7dxv- :

I have worked there for 11 years

Ben Jones :

Thanks for your patience. When did the dismissal take place?

JACUSTOMER-1a3y7dxv- :

I had the hearing today - dismissal imminent, but it is fair to say it hasn't happened yet

Ben Jones :

Whilst an employer has a legal duty to hear a grievance when one is formally submitted, failure to do so would not give you the automatic right to make a claim. To be able to challenge that you would need to make another valid claim that you can make on its own, such as for unfair dismissal. If you them make that claim and include in it failure by the employer to follow the ACAS Code of Conduct because they refused to hear your grievance, the tribunal can increase any award you are entitled to by up to 25%. however, you cannot just make a claim against the employer for failing to hear your grievance. Such a claim does not exist on its own

JACUSTOMER-1a3y7dxv- :

Thanks for that. So it should be included in any tribunal claim?

JACUSTOMER-1a3y7dxv- :

What is your feeling about dismissal based on SOSR for 'incompatibility' with the school. I am a teacher

Ben Jones :

well SOSR is a 'catch all' term that could include just about anything as long as it is fair and reasonable in the circumstances. Incompatibility can be used as a reason but only if it can be shown that you clearly are not compatible with the employer's culture and this is adversely affecting both your and your colleagues' work, and there is nothing that you can be offered to do instead that would alleviate these effects

JACUSTOMER-1a3y7dxv- :

If they have failed to offer anything else in the school to me, would that then amount to unfair dismissal? This has never been offered to me as an option

Ben Jones :

only if it actually existed

JACUSTOMER-1a3y7dxv- :

I see. Thank you. Could I argue that failure to help me adapt to the culture would be a failure to make unreasonable adjustments. I suffer form disabilities which come under Equalities Act 2010 and was 'suspended' from school in 2006 ostensibly because of illness. The real reason is that they wouldn't make adjustments. They kept me out of work for 7 years and wanted me to go back at the end of last year.

Ben Jones :

they will have a strict duty to make reasonable adjustments and can only really get away from this if they can show no such adjustments could have been made

JACUSTOMER-1a3y7dxv- :

How might they do that?

JACUSTOMER-1a3y7dxv- :

They are arguing that I wouldn't tell them

Ben Jones :

Well there is no specific list of factors that would make an adjustment unreasonable, it always depends on the individual circumstances. For example, what would be needed to introduce these adjustments, the costs involved, the effect it would have on others etc

Ben Jones :

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

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