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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48719
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have recently been made redundant (6 weeks ago) from

Resolved Question:

Hi
I have recently been made redundant (6 weeks ago) from my job, was employed for 9 years.
In the run up to the redundancy I was excluded from emails regarding training and extra hours, for example I asked to do extra hours and was told they had been taken, then a few hours later another email was sent round, which I was excluded from, asking for these same hours to be filled. I was also excluded from other email updates and training opportunities.
I've also uncovered evidence that contradicts part of the rationale for the closure of my site, namely that falling visitor numbers was a reason. The evidence I have is that these numbers were the same or even higher than previously.
This followed on from a grievance I lodged last year regarding discrimination as I have a health issue classed under the Equality Act. I recorded some of the comments I complained about covertly, comments that were denied by those responsible. I did not mention I had recorded these comments but I submitted the notes I made in case the recording were deemed misconduct. The grievance was not upheld. Two of the comments I recorded were made by separate people, which I believe show I was not wanted in the service; one, a OH nurse, said HR were looking at sacking me for being too expensive to keep on when I went to see her about my health issue; another senior manager said I was not trusted and didn't want me in the service. I am wondering if I can mention I have these recordings and the other evidence as part of the ACAS conciliation procedure I am intending to start, or whether this could provoke retaliation by my former employer. Thank you.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. What kind of retaliation are you concerned about?
Customer: replied 2 years ago.

Hi Ben

The fact that I made these recordings covertly in the meeting concerned and I didn't disclose this at the time. I just submitted the notes I made of these incidents (which had the same comments on as the recording). Could they sue me for breach of contract? The employer is a university.

Expert:  Ben Jones replied 2 years ago.
They can’t really sue you for breach of contract. I would not be too concerned about that. Making secret recordings is not necessarily illegal and there is actually case law which supports the use of covert recordings as evidence, as long as it is linked to you and you have not recorded personal or confidential data about others. So you could use this as a negotiating tool in the conciliation process. You may not necessarily want to disclose everything you have and show all your cards at once but you could mention that there is recorded evidence that shows specific points that would make the employer likely guilty of discrimination and unfair dismissal. So whilst you should not use this as a form of blackmail, you can make it clear that conciliation may be the best outcome as if faced with a tribunal there would be a lot of evidence, which would not only make your case stronger but also put them in a bad light publically.
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
Customer: replied 2 years ago.

Ok thanks that makes sense - so just a final point, would it help to get a solicitor's letter to back up what I am saying to give it more credence or do solicitors generally not do letters like that?

Expert:  Ben Jones replied 2 years ago.
There is no need, it will cost you money and will not necessarily change anything. You have ACAS for free and can discuss this with them, they can then use this as part of their negotiations and the effect could still be the same. I would say not to use a solicitor until you actually get to the tribunal stage.
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