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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48718
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I had to attend an investigation hearing on 9th june 2014.i

Resolved Question:

I had to attend an investigation hearing on 9th june 2014.i have already written 4 letters of grievance/concerns for management committee to deal with.to date nothing has been done. false accusations have been made regarding money being taken from till and barrels missing from cellar and being sold to my local landlady.i have been subject to victimisation which was agreed by 4 committee members at investigation hearing.as far as I am aware employer is in breach of confidentiality,breach of trust and confidence,duty of care,victimisation,bullying and harassment.a barrel fell and hit my knee in cellar we have not had any trained first aiders since my employment 2 years ago.employer I breaking health and safety as our safety policy statement requires 2 trained first aiders.i holidayed to Tenerife 24th june and while on holiday a letter dated 3rd july gives me notice of redundancy on 17th july due to a drop in takings.no reason has been given why I have been chosen to be made redundant over my colleague on same contract they have not followed procedure but believe I am being forced to leave because of whistleblowing.4 weeks have passed and I have still not had a reply of outcome of investigation hearing advice appreciated
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. When exactly did you start working there?
Customer:

contract shows employment commenced 29th may 2012

Customer:

unable to give rating as am waiting for reply while you are offline

Ben Jones :

Hi sorry I was offline by the time you had replied last night. Can I just check what specific queries you have about this so I can direct my response better. Thanks

Customer:

I'm back driving shortly will have to contact you later

Ben Jones :

no problem, come back to me any time

Customer:

hello,i need advice whether to go via acas for early conciliation or the legal route to claim compensation for unfair dismissal even though I am due to be made redundant next thursday if you believe I have a strong enough case. my employer is in breach of numerous factors having been made aware of harassment,bullying,false accusations,breach of trust and confidence and breach of confidentiality.they have also admitted I have been subject to victimisation and my employer hasn't followed proper procedure for redundancy having been discriminated.

Ben Jones :

Hello, in terms of early conciliation this is now mandatory before you are allowed to make a claim in the tribunal so even if you are considering making an unfair dismissal claim, you would be required to go through the conciliation service first. Only if the conciliation is unsuccessful would you be allowed to proceed with your claim.

In terms of the potential claim, it is still possible for the employer to legally make you redundant even with all the issues that have been going on, as long as they can show that there was actually a genuine redundancy situation and they had followed a fair procedure. However, if you were selected for redundancy because of what has happened then that could potentially amount to further discrimination, victimisation or detrimental treatment due to whistleblowing. In an unfair dismissal claim it would be for the employer to justify that you were selected for redundancy fairly and that a fair procedure was followed and if they cannot do so then the tribunal could find that the dismissal was unfair and award compensation.

So for the time being you are expected to pursue the internal routes to challenge this, such as appeal fails, then you would be looking at early conciliation, followed by a tribunal claim, assuming the conciliation proves fruitless.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

explains much of what I had already found on web.thanks anyway for clarifying advice.

Ben Jones :

you are most welcome

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