How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46795
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I have been bullied and victimised at work last 8 or so yrs,

Customer Question

I have been bullied and victimised at work for the last 8 or so yrs, I have had meetings with management, and have always been fobbed of, with its a misunderstanding, or its me, have had counselling, so I have had a quite considerable time off with work related stress. In Feb 2015 I was told I breached a stage 2warning, so had to attend a meeting with my ream leader, we went through the process, and was told at the end of the meeting I would recieve a written warning, I asked if I could have a review of the warning, and was informed that I could only apply for that when I had received the written warning, and was informed I would only have 7 days after receiving the letter. I work for a local authority, so it's not a small company. Weeks went by, and I hadn't recieved no letter, I approached my team leader and informed him. He said he would chase it up,, months went by, and still nothing, so informed my team leader again, I had the same response. Still recieved nothing, so i thought maybe they had been lenient and quashed it, as I had only just breached by 3 days,, sometime last year I had to go off with work related stress again, management putting extra work on me with no notification. I then recieved a letter stating I had breached the third and final warning, and that my job was at jeopardy. I informed HR and personal about how I hadn't recieved my stage 2 written warning, but they practically said tough, the disciplinary was still going ahead. I attended the disciplinary with a shop steward, who said right at the beginning that this shouldn't go ahead, they practically laughed at him so it went ahead. I explained why I had breached, told them how can I work when management are making up lies about me and getting away with it when I had proven it,,I explained they had taken my right of a review away, and was informed it was carried out a few weeks prior to the discipline and been upheld. When I asked who had asked for this review, and what grounds did they go on, no one could answer, because I never applied for the review,, and this was done 15 months after the so called stage 2 written warning,, can they do that without me applying for it, and so long after. anyway outcome was I lost my job.i have appealed against the decision, and have received a letter stating I will hear in due course, but this was 2 months ago, and still heard nothing, and I only have 3 months to apply for a tribunal. Just another thing I need to state, the manager I have stated who was bullying and victimised me, has been suspended for such things, plus a supervisor too,,, so what I'm asking is, is there grounds to go to tribunal
Submitted: 10 months ago.
Category: Employment Law
Expert:  Remus2004 replied 10 months ago.

How long have you worked there?

Expert:  Ben Jones replied 10 months ago.

Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. If you can please confirm how long you have worked there for, I will reply to you later today, as I am in tribunal myself for most of the day, thank you

Customer: replied 10 months ago.
Since 2002
Expert:  Ben Jones replied 10 months ago.

Many thanks for your patience. If you wanted to consider a claim in tribunal then your only option would be for unfair dismissal. You would be arguing that you were dismissed either for an unfair reason or for the employer not following a fair procedure. There are certainly potential reasons to do so here – whilst a dismissal could have eventually taken place, you should have been given the chance to appeal any of the previous warnings, before they were used in a top up procedure to result in your dismissal. What a tribunal may look at though is whether in the circumstances even if you had appealed, would the outcome have been the same. If that is more likely than not, then they could potentially look at reducing your compensation. So even if you are successful and win your claim for unfair dismissal, the tribunal could reduce any compensation you are entitled to if they find that you would have likely ended up being dismissed even if they had followed a fair procedure.

At this stage you are quickly running out of time and you do not need to wait for the outcome letter or any appeal outcome. You must start the process within the specified time limit regardless of all of this. So start looking at this soon to ensure you do not miss the deadline.

This is your basic legal position. I have more detailed advice for you in terms of the procedure you must follow to take this further, 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 is no extra cost and 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: 46795
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 10 months ago.

Thank you. 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.

Customer: replied 10 months ago.
Thank you, ***** ***** I enquired with you is, the union is fighting my case, and they say they have informed their solicitors, who have replied stating they didn't think I had a case, but the decision was reached by them only going on the termination letter I had from my employer.no arranging a meeting with me to get the full information, I quickly arranged another meeting with the union rep, and explained everything, he seems to think now he can update the solicitors who they use, so I will be showing them your response to say that I do have a case to take to tribunal,,
Many thanks Phillip Lerwell
Expert:  Ben Jones replied 10 months ago.

You are welcome, best of luck

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    672
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.co.uk/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    24
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.co.uk/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions