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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45392
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have mental health problems and put in a grievance for

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I have mental health problems and put in a grievance for indirect discrimination after being given a final written warning for absence 10 days later I put in a second grievance for victimisation harassment and bullying due to being accused of things I did not do during this process I put to the hearing manager a case for direct discrimination with a comparator I told the hearing manager I could no longer work with my manager because he had distroyed my trust in him and that I was scared of him not physically but what he will allow to happen to me mentally the manager was not in my next shift but was in after that I'm now on sick because I feel they didn't take a duty of care towards me in allowing me to work in conditions that affected my mental health are they allowed to do this
Submitted: 5 months ago.
Category: Employment Law
Expert:  Ben Jones replied 5 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. How long have you worked there for?

Customer: replied 5 months ago.
10 years but only had mental health problems since october2014
Expert:  Ben Jones replied 5 months ago.

ok thanks leave it with me please I am not on full time today so will likely reply in the evening, thanks

Expert:  Ben Jones replied 5 months ago.

Many thanks for your patience. As someone who suffers from a disability and as an employee you will get certain rights. First of all you have protection against disability discrimination and victimisation, which means that you should not be treated detrimentally because of your disability or because you have raised a complaint in relation to it. In addition the employer has a duty to make reasonable adjustments to ensure you are not placed at a disadvantage or adversely affected because of it. For example it could be a reasonable adjustment to ensure that you and the manager guilty of the discriminatory conduct to not work together. In addition the employer will have a duty under health and safety regulations and common law to ensure the health, safety and welfare of its employees and failure to do so could amount to negligence.

You have already raised formal grievances in relation to this. This is all you can do internally. If they do not resolve the situation you could consider the disability discrimination or constructive dismissal routes to get some legal remedies.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you wish to take this matter 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: 45392
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 5 months ago.

Thank you. if you have already raised a formal internal grievance and that has not resolve the matter you need to consider you next steps. You can either stay in the job and make a claim for disability discrimination and victimisation, or you can resign and claim constructive dismissal and discrimination/victimisation.

You have 3 months from the date of the alleged discriminatory act to make the discrimination claim or 3 months from the date your employment ends for the constructive dismissal claim.

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.

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