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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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What value does an ex employees evidence hold during a grievance

Resolved Question:

What value does an ex employees evidence hold during a grievance appeal hearing? The case is discriminative against a bullying manager. This manager has experienced a similar grievance case within the last 12 months. The process caused my colleague to be chronically ill with depression and anxiety and she eventually reached compromise but he is at his tricks again and my employer is doing nothing. Can I submit a statement from her in support of my case?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. To be clear you are the ex employee in this scenario?

Customer:

No I am a current employee. I am the one raising the grievances and going through the procedures.

taratill :

Ok if the other employee is leaving there is nothing that they employer can do in retribution if she supports your grievance. Were the employer to take action and dismiss her then it would amount to unfair dismissal.

taratill :

Also they cannot give a bad reference or take any other action as a result of this.

taratill :

If you have any further questions please do ask.

Customer:

Ok so that takes care of the rights of my current colleague. But my other colleague who signed the compromise agreement and left 12 months ago after a discrimination case. She signed a compromise agreement at the time. However is willing to write me a statement about her situation to support my case. Is her evidence as an ex employee of value to my current case?

taratill :

Yes it would be although it is possible that it would be contrary to the terms of their compromise agreement to assist you or disclose matters relating to their termination.

Customer:

Ok thanks. That is very helpful.

taratill :

No problem, all the best with it. If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you.

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