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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48751
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Assistant: How can we help? I would like some advice on work

Resolved Question:

Hi,
Assistant: Hi. How can we help?
Customer: I would like some advice on work tribunal, I have had a grievance and an appeal have been off sick for 2 months with work related stress through bullying, harassment. This was against my line manager and in the last 2 years 83 people have left our department because of this, What do I have to do to start the process? Many thanks Michelle
Assistant: Where are you located? It matters because laws vary by location.
Customer: Coventry
Assistant: Has anything been filed or reported?
Customer: Yes had grievance and had to go to appeal used a solicitor to help write the grievance, then I appealed as did not agree with the outcome.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: To go through ACAS do I have to leave?
Submitted: 21 days ago.
Category: Employment Law
Expert:  Ben Jones replied 21 days ago.

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

Customer: replied 21 days ago.
Hello my name is Michelle
Expert:  Ben Jones replied 21 days ago.

How long have you worked there for please?

Please note I am in tribunal today so may not be able to reply fully until later in the day, many thanks

Customer: replied 21 days ago.
I have been there 7 years and 8 months
Customer: replied 21 days ago.
Would it be worth me attaching the documents re my grievance and their response and then my appeal and there response? It saves typing all the notes up for you to read?
Expert:  Ben Jones replied 21 days ago.
I can discuss the process without them thanks
Expert:  Ben Jones replied 21 days ago.
Many thanks for your patience. If you wanted to take this further by submitting a formal claim then in the circumstances you would hath to resign your employment before you can go to tribunal. That is because the only playing you can make for this is of constructive dismissal. In order to claim for constructive dismissal you have to resign first and then submit your claim. The only time you do not have to resign to claim is if your claim is for discrimination which occurs if you’re treated detrimentally because of a protected characteristic, such as gender, age, disability, race or religion.Therefore if the workplace stress is as a result of discrimination that is when you can claim discrimination whilst remaining in employment. However if there was no discriminatory element to the employers behaviour then you would have to resign and claim constructive dismissal instead.Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow in order to pursue a claim. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 21 days ago.

Thank you and sorry for the spelling mistakes earlier, which I have just noticed - autocorrect obviously got the better of me.

As mentioned, this could potentially amount to 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 resigns in response to it.

Whilst the alleged breach could be a breach of a specific contractual term, it is also common for a breach to occur when the implied term of trust and confidence has been broken. The conduct relied on could be a serious 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).

Before constructive dismissal is contemplated, it is recommended that a formal grievance is raised in order to officially bring the concerns to the employer's attention and give them an opportunity to try and resolve them.

If resignation appears to be the only option going forward, it must be done in response to the alleged breaches (i.e. without unreasonable delay after they have occurred). Whilst not legally required, a resignation would normally be with immediate effect and without serving any notice period. It is also advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal.

Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service with the employer. There is a time limit of 3 months from the date of termination of employment to submit a claim in the employment tribunal.

It is worth mentioning that there is a possible alternative solution, where the employer is approached on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under such an agreement, the employee gets compensated for leaving the company with no fuss and in return promises not to make any claims against the employer in the future. It is essentially a clean break, where both parties move on without the need for going to tribunal. However, it is an entirely voluntary process and the employer does not have to participate in such negotiations or agree to anything. It just means that these discussions cannot be brought up in any subsequent tribunal claim and prejudice either party. So there is nothing to lose by raising this possibility with them as the worst outcome is they say no, whereas if successful it can mean being allowed to leave in accordance with any pre-agreed terms, such as with compensation and an agreed reference.

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####