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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47600
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work for the NHS. I am autistic. in Sept this year all. I

Customer Question

I work for the NHS . I am autistic . in Sept this year all.
I am aware of the 3 months minus one day rule. But when is that time period deemed to have started...September 12 or possivly last week .given that was the last alleged act of discrimination. As a result of discrimination i have become mentally unwell and am seeing a psychiatrist. I am off on the sick. My case is being examined by union solicitors but i would like clarification in realtion to how long i have now to submit claim to ACAS
Thank you
Submitted: 8 months ago.
Category: Employment Law
Customer: replied 8 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 8 months ago.
A written respose in phone call needed
Expert:  Ben Jones replied 8 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 8 months ago.

What exactly are you trying to claim for -what types of incidents and can you give me a brief timeline of these please?

Customer: replied 8 months ago.
Customer: replied 8 months ago.
Disability discrimination - harrassement. My employers actions during the initial meeting on Sept 12th and at least once since were discriminatory. This was in the course of thier investigation into the allegations made against me due to alleged behaviours which they attribute to my autisum
Customer: replied 8 months ago.
I just trying to establish if the three months minus one day started on sept 12th or the last act of discrimination on Oct 4th
Expert:  Ben Jones replied 8 months ago.

Thank you. It would depend to be honest – on whether this was an isolated act of discrimination or one of a series of linked discriminatory acts. Sometimes there would be ongoing discrimination due to a protected characteristic, which involves a series of acts, all of which are linked together. In these circumstances the time limit starts to run from the time the last of a series of acts was committed. If, however, the incident on the 12th Sept was an isolated one and not linked to the others, then the time limit will start from that date.

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

Customer: replied 8 months ago.
Thanks..the acts of discrimination on September 12th were all linked to the investigation process againgst me. The act on 4th Oct was again directly linked to the trusts actions whilst undertaking investiagtion. I have taken out grievances on both counts..does this clarify
Customer: replied 8 months ago.
Thank you
Expert:  Ben Jones replied 8 months ago.

thanks, ***** ***** look likely that the two acts are linked so the time limit would start from the date the last act had occurred. There could still be ongoing issues which means the deadline could continue shifting based on when the last act had taken place but obviously the sooner the better you make a claim as you don't always want to risk a tribunal potentially saying some acts are not linked. Hope this clarifies?

Customer: replied 8 months ago.
im best getting the claim on by dec 9th as dec 12th is 3 months and then minus one day (sunday 11th) ?
Expert:  Ben Jones replied 8 months ago.

If that is the main act f discrimination you are wishing to complain about then yes to ensure you are not later told you cannot claim you should start the process before the 11th Dec. Whilst it could be part of a series of acts, you would not know if that is the case until a tribunal looks at it, by which time it could be too late

Expert:  Ben Jones replied 8 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 8 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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