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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45339
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My name is***** and I have an employment problem.

Resolved Question:

Hi! My name is***** and I have an employment problem. I started work for this employer from 04/01/2012.At this moment I have a grievance meeting with my employer which never give me an answer and right to appeal decision. I was advised by ACAS, Citizen Advice Bureau and Employment solicitor to call the employer to Small County Court for unlawful deduction from wage which I've done. I have Early Conciliation Certificate from ACAS.
When employer done the defend to the Court they breach trust and confidence and 2 express term of my contract. Grievance and Company Sick Pay scheme are contractual. On the defence my employer told me they post grievance answer to me and I don't want to do an appeal, and in 2013 they implemented new terms in my contract and I'm aware of this formal notification.
When I saw this defence I wrote another grievance letter and I told them they breach trust and confidence and 2 express term of my contract. I request to see proof of postage for grievance letter and my signature where I signed to accept new terms in my contract. I told them ,, Introducing changes to an employee's terms and conditions requires agreement by both parties; leading me into working under the new terms in protest''.
My employer refuse to call me for a meeting after second grievance letter and send me a letter home which they told me they post the grievance answer and they don't remember the date when was sent and they don't change the terms and condition.
They try to intimidate me to not continue anymore with Small County Court as they get legal advice and I don't have any chance to win and if I want to do an appeal of this letter to do in 5 days and they will arrange another meeting in 5 working days.
I've done the appeal and told them I believe my contract has been unlawfully breached and my trust and confidence in the Company has been lost. This include:
• Failure to investigate properly an employees grievances.
• Failure to follow company procedures
• Introducing changes to an employee's terms and conditions without my agreement
They never call me for an appeal meeting (15 days already).They discriminated all this time (I have audio records) and they breach my contract again with Health and Safety which I have documents and pictures.
I would like to know if you can help me with advice to go for Employment Tribunal or to continue with Small County Court.
If I claim now breach of contract or constructive dismissal I can do with the claim what I've done with Small County Court or I have to do this wit Employment Tribunal
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How have they discriminated against you?
Customer: replied 1 year ago.

They offered me to write with red pen and all others to write with black pen.All my orders to be checked and others no,and all people from my country they are not called anymore for interview job.They do interview with others but not with people from my country and they hide jobs when they offered to other nationality

Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. if you were continuing with the claim in the small claims court then you would only be able to pursue that for the breach of contract and only if you have suffered losses as a result, such as for example a deduction in pay. You cannot make a claim for constructive dismissal or breach of trust and confidence. These are claims you have to make in the employment tribunal. So if you decided to resign then you would need to make a separate claim in the employment tribunal to pursue the constructive dismissal issue, as well as any potential discrimination you speak of. There is nothing stopping you from continuing with the court claim at the same time as a tribunal claim – it is possible to have both ongoing at the same time. Whether you have a strong claim for either is impossible to say just from the information provided. You need to see a solicitor in person who would perform a detailed case analysis and advise you as necessary. As I only have basic information I can just advise you of your options and the laws that apply, but whether you decide to make a claim is up to you. Even if you were to withdraw the court claim and make a tribunal claim you could make a similar claim alongside the constructive dismissal and discrimination claims so you have all three in one place rather than having to use two different venues for them.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45339
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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