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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47340
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have recently heard the outcome of a formal internal

Resolved Question:

I have recently heard the outcome of a formal internal grievance with regards ***** ***** concerns about racial discrimination, bullying and harassment at work but it was not upheld. The grievance was a lengthy one as was the investigation process. Although my grievance was not upheld several different areas were identified where my line managers and senior management have, over the years, acted in a way that was avoidable and effectively poor management. I believe that even though my grievance wasn't upheld that each of the incidents that were deemed avoidable represent a breach in my contract in terms of the duty of care owed to me and the implied terms of trust and confidence. I therefore want to appeal on this basis as although these incidents have been identified nothing is going to happen to those employees and the reason that I have been given so far is that this is because my grievance was about racial discrimination, bullying and harassment and not about their competence. I am deeply concerned that I am now expected to continue working with these same employees who have treated me this way – I am questioning the duty of care owed to me by my employer. Additionally, I believe that many of the responses given by the named parties in my grievance do not justify their actions and the way that they have conducted themselves - as a result of their actions/behaviour I have suffered a detriment in terms of my pay and progression at work. Are these sufficient grounds to appeal internally and/or take this case further to a county court? I have suffered considerable stress throughout this process and would appreciate some external advice on the matter.
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.
Hello Ben, I am going into my seventh year
Expert:  Ben Jones replied 1 year ago.
You may certainly use these grounds to launch an appeal and in act you have nothing to lose by doing so. It is your legal right to appeal the outcome, on whatever grounds you feel appropriate in the circumstances. As to making a claim, I would not suggest you do so in the county court – the usual venue for this is the employment tribunal. You have two possible claims there – ne s for constructive dismissal, where you are forced to resign as a result of a breach on the employer’s part (including breach of trust and confidence) and race discrimination. You will have to resign to claim constructive dismissal though and a claim for discrimination must be submitted within 3 months of the alleged discriminatory act (or within 3 months of the last of a series of discriminatory acts, if you are trying to link them all historically). This is your basic legal position. I have more detailed advice for you in terms of the law on constructive dismissal and how you can apply it here, plus your options to try and negotiate something with them, 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, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
The reason that I would have to go to a county court instead of an employment tribunal is due to the fact that my last incident of discrimination was in September 2016 and I put my grievance in shortly after this and received the reply in March so from that perspective it is out of time. At this stage I'm not sure that constructive dismissal is an option as this means resigning. On this basis I have been informed that employees who are still employed by the organisation with which they have concerns should go to a county court - is this the case?
Customer: replied 1 year ago.
I mean September 2015 was the last incident of disctimination!
Expert:  Ben Jones replied 1 year ago.
County court has 6 months time limit so you may be out of time there too to claim discrimination
Customer: replied 1 year ago.
I have been told that the limit is 6 years for civil courts for breach of contract
Expert:  Ben Jones replied 1 year ago.
This is not a breach of contract, this is a case of discrimination with a 6 month time limit - you do not claim for a breach of the implied trust and confidence as a breach of contract claim in the county court - this is something which allow you to claim constructive dismissal but not a separate claim of breach of contract. I know the wording may confuse things but it is not the type of breach which you may claim for as a standalone breach of contract
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
So you can't claim for a breach of contract as a stand alone issue - I need to get more advice on this matter. Many thanks for your help.
Expert:  Ben Jones replied 1 year ago.
You can but not for a breach of trust and confidence in an employment setting