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Jenny, Solicitor
Category: Law
Satisfied Customers: 6264
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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im 66 the firm retained me 18/2/13 i made an error in the proccess

Customer Question

im 66 the firm retained me 18/2/13 i made an error in the proccess on my shift on the 21/5/13 i work nights ive worked there 11yrs this is my first error.After we chatted about about the error and i held my hand up he give me a warning no problem.he then said maybe with my age my memory might be waining.At this point i pointed out that this was a human error nothing more and his implications was unfounded and im willing to take any tests.I left his office and proceeded to go back to my machine and 2 other workmates when i was confronted by my manager whom started asking a similar line of questioning.I went back to my machine spoke with my foreman whom i work with whom said there is nothing wrong with my work and it could have happened to anyone as it happened to my manager in the past.I had to go home last as it played on my mind to the respect that every time i make a mistake its down to me going ga ga.can i proceed legaly wih a case against this company with constructive dismissal.
Submitted: 3 years ago.
Category: Law
Expert:  Jenny replied 3 years ago.
Hello and welcome to Just Answer, have you raised a formal complaint about this?
Customer: replied 3 years ago.

i told him at the time that i resented his implications,but even if i raise a formal complaint it still leaves me in a position whereby ive been put in a position where i could make mistakes and all he has to do to shut me is proceed with the warnings.

Expert:  Jenny replied 3 years ago.
Hello, I understand your concern and on the face of it the fact that there is an implication that your age has caused the mistake to occur amounts to discrimination on the basis of age contrary to the Equality Act 2010.

You clearly have grounds to feel aggrieved, however were you to resign now and bring a claim without first raising a formal complaint you would be criticised (and your claim might fail) on the basis that you have not attempted to exhaust internal processes first.

My advice would therefore be to raise a formal grievance stating that you believe that this statement amounts to age discrimination and that you find it hurtful and you feel that the fact that it has been made puts you in a position whereby you can no longer work for fear that if anything else occurs your age will be blamed and unless you receive assurances to the contrary you will be in a position where you have no alternative but to resign and to claim constructive dismissal and age discrimination.

Obviously you do not have to follow my advice and could go on to resign immediately but I feel that this would put you at some risk if you do claim now.

If you have any further questions about this please do ask. If I have answered your question I would be grateful if you would give my answer a positive rating.

Thank you and all the best.
Customer: replied 3 years ago.

it has already cost me a nights pay plus mental anguish i doubt whether i can get my head together to fulfill a focused shift.

Expert:  Jenny replied 3 years ago.
I can see why you feel that way. I would go to the doctors and get signed off with work related stress if you feel to ill to work and you can put in a grievance without being present.

If you feel that you can no longer work there you could resign with immediate effect. I do feel that this would be taking a risk though as, as I described earlier, employment tribunals expect employees to try to resolve matters internally before resigning and bringing a claim.

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