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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46170
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi I recently submitted a grievance with my work due to

Customer Question

Hi I recently submitted a grievance with my work due to sexual harrasment and harrasment. The company I work for are one of the biggest  insurance providers in the Uk.The company have so far stalled in hearing my grievance by late replies and assigning an independent manager to my case who knew me so changed him and put meeting back by two weeks. This would make one  incident out of date when going to a tribunal. I have not mentioned to them yet that the last three weeks I was in work I carried a voice recorder with me and have everything that's in my grievance including sexual remark on file. Would I have to tell them before or after meeting or before or after tribunal.
Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What do you actually wish to achieve in this situation?

Customer:

For some one to get sacked for gross misconduct and for me to be compensated

Ben Jones :

How long have you worked there for?

Customer:

7 years

Ben Jones :

And what specific questions would you like me to deal with in this respect?

Customer:

The recordings are they legal i have been informed they can be used in a tribunal if judge on day allows it. Am I withholding evidence if I don't tell them straight away. If I were to get the most compensation how would I do it. Tribunal or before ?

Ben Jones :

Yes such recordings may indeed be legally allowed as evidence in a tribunal. The key is that you should not be recording private meetings, which you were not present at and where private issues were discussed, even if they related to you. However, if you were present at the time of the recordings then it would usually be no problem.


 


You do not have to disclose the recordings now, but if you want to rely on them as evidence in your meetings then you should do. Also, if they are highly incriminating, you may wish to disclose them to assist you in any negotiations before you decide to go to tribunal. It is impossible to predict where you may get better compensation – if you manage to agree a reasonable settlement with the employer then that is at least guaranteed, because if you go to tribunal there is also a risk you may lose and walk away with nothing.

Customer:

I was present at the time of all recordings so I will make them aware of them. Ideally I would want the investigation to take place and for all people to lie and then produce the recordings and then threaten a tribunal. Is that underhanded ben ?

Ben Jones :

No, as long as you do not mislead them in the process, basically just allow them to lie themselves first and then you can challenge them

Customer:

It is being dealt with by an independindependent manager who will question these people without me so he will or shoukdshould ask did you say these things and if they say no hethen feeds back to me all answers after ten days and his descison is final

Ben Jones :

if this is a grievance then once a decision is made you have the legal right to appeal

Customer:

Tribunal. Well thanks for your help Ben drop me your email and I can let you know how I get on if you want or look out for me on the front page of the sun crying into a hanky

Ben Jones :

Hah, I am sure it won't get to that...you can always come back on this page to post an update, best of luck!

Customer:

Cheers

Customer:

Won't let me Submit a rating

Ben Jones :

It's a bug you can just type it on here instead, many thanks

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46170
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Ben


 


Thanks again for advice I have been in touch with acas and they have asked me to get advice on filling in an et1 form. if I go for constructive dismissal would I then lose out on the other cases I have bought up like the sexual harassment?

Expert:  Ben Jones replied 2 years ago.
Hi, making a claim for constructive dismissal would not prejudice you making any other claims and you can also consider making them at the same time if you want. So for example a claim for discrimination based on gender, including harassment, can be made at the same time as the constructive dismissal claim and on the same form
Customer: replied 2 years ago.

just to inform you Ben they sent the head of liability to meeting who basically said its all office banter and going to check legality of recordings and they want a copy

Expert:  Ben Jones replied 2 years ago.
Thanks for the update

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