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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46764
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I'm currently going through a grievance procedure with my employer.

Customer Question

I'm currently going through a grievance procedure with my employer. I've lodged a formal written grievance, after several informal grievances were made. I've been signed off work since the 11th of December with work related stress, depression and Trigeminal Neuralgia. My depression and trigeminal neuralgia were preexisting conditions that my employer was aware of, but have been increased in severity due to work related stress. In my opinion i have suffered from a systematic campaign of harassment from my line manager. The amount of hours that i worked exceeded the working time regulations and I worked 22 days without a day off. There is also evidence that my employer ignored a myriad of objectives in their work related stress policy. I've had an initial meeting with my employer. They are really pushing me to make it clear what resolution i would ideally like from the situation. I'm struggling to answer this as I'm still mentally ill and don't think i could face working for the company again. Could you please advise what to suggest as a reasonable outcome that i can suggest?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
11 years
Customer: replied 1 year ago.
Hi Ben, my name is Matt.
Expert:  Ben Jones replied 1 year ago.
Thank you. Ideally how do you see this being resolved?
Customer: replied 1 year ago.
A financial settlement. I would like to know what would be a reasonable amount to request?
Expert:  Ben Jones replied 1 year ago.
Ok thanks leave it with me please I will respond fully today on here
Customer: replied 1 year ago.
thank you
Expert:  Ben Jones replied 1 year ago.
Hello Matt, thanks for your patience. This situation could potentially amount to constructive dismissal, which occurs when the following two elements are present:· Serious breach of contract by the employer; and· An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long. A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario). The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. You have already done that so no issues there. If resignation appears to be the only option, it must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal. Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal. An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you. So I would strongly suggest you discuss the settlement agreement option as that would be the best way out on the assumption you no longer wish to continue working there. As to what amount you can go for, it really depends on what the employer is willing to settle for. You may have an idea in your head but they may have something completely different in mind and you could be unable to reach a resolution. So have a figure you would be willing to walk away with and obviously start higher, working your way down as needed. As a minimum for starting negotiations you should be looking at your contractual notice period, which cannot be less than 11 weeks, any outstanding holidays and compensation for future losses, such as several months’ pay to cover you until you are likely to get a new job. You could also add compensation for failure to make reasonable adjustments to help with your medical conditions and this could be a few thousand on top. Make it very clear that this is what a tribunal would be looking at when considering a potential claim so they could easily end up paying all of that, plus legal costs, so the easy way out is to pay you this and avoid the additional legal expenses. It is all part of the negotiating though so see how it goes. This is your main legal position. I have more advice for you in terms of other negotiating assistance you have from a third party organisation, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46764
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you. Can you please advise in terms of other negotiating assistance?
Expert:  Ben Jones replied 1 year ago.
Thank you. This is provided by ACAS. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal. If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement. The conciliation procedure and the form to fill in can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits. So you can only really use this if you have been unable to reach a resolution directly with the employer and have been forced to resign and must use this procedure before you are allowed to make a claim, such as for constructive dismissal.
Customer: replied 1 year ago.
thank you very much.
Expert:  Ben Jones replied 1 year ago.
You are most welcome

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