Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
No problem at all. What reason has she provided for requesting a copy of the email? Also, based on what you have described, what would be the ideal outcome for you, so that I can advise? Thank you
OK thank you, ***** ***** it with me. I am in court today for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
No problem at all.
Thanks for your patience. Just before I finalise my response can I check if you are considering making an employment tribunal claim against them and if so, when did you resign?
Thank you. So you have 3 months from date of termination to make a claim. Therefore time runs out on Christmas Eve.
Your claim would be for 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).
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:
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.
In terms of the FOI request, there is nothing stopping the new manger requesting a copy of the request but you do not have to give your consent to release that. Even if she does see it, it should not affect the impartiality of considering the complaint.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you
You are most welcome and best of luck - if you need further assistance you know where to find me