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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Hi There,I have raised a grievance at work and wanted to

Resolved Question:

Hi There,
I have raised a grievance at work and wanted to find out if it is worth seeking legal advice?
The grievance was raised in relation to discrimination at work arising from disability. I disclosed my mental health condition to them last December and from January 14 to June 14 reasonable adjustments were made to my working environment which enabled me to carry out the job. These included 1-2-1 monthly meetings and constant updates on changes which were taking place in the team. In June 14 we had a new manager start and a hand over was done where we discussed my mental health problem and the help that I would need.
When I requested my first 1-2-1 with the new manager in the middle of July 14 he told me he was too new and could it wait a few months. In Aug 14 I was told the review could happen after my holiday, while still not having had a review since June 14, which was with my existing manager. When I came back from my holiday they told me my manager had changed again, this time with no prior warning and I ended up taking a couple of days off sick. This new manager had been in the company a while, so I feel a handover process could have been done in a similar way to the last handover.
In September I became increasingly anxious with the way I was being managed and tried to seek help from managers in putting more support in place, but was told this wasn't possible.
I took 4.5 weeks off sick as a consequence and my second sick note listed my disability. I received a letter in the post 2 days later saying my client base had been distributed to the team and I would need to build a new base on my return. I work in sales, so this has caused a loss in earnings, not just through basic pay, but also commission.
Up until this point I have always exceeded in the role and brought a lot of money into the company. They are saying I shouldn't have had such high expectations on the new manager and should have asked other people to conduct my 1-2-1's.
Can I ask for compensation during the grievance process? Or am I best of following procedure and taking this to a tribunal? I've had the first grievance meeting today and will get an answer in writing in 5 days.
They are now back-tracking on the letter too, saying of course my client base is still mine and I was always going to get it back. It's all really confusing and I think they are trying to do damage limitation since receiving my letters.
My argument is that if they had put the right support in place I wouldnt have taken 4 weeks off sick and would have been able to serve my client base well and wouldnt be at a disadvantage now.
Any help would be appreciated.
Nicole
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?

Customer:

I've been working there since January 2013

Ben Jones :

Whilst there is nothing stopping you from asking for compensation directly from the employer, it is highly unlikely they will agree to that and you also cannot force them to compensate you in any way. Any such compensation would be done entirely at their discretion and I have not really seen any employers willing to just do that, so whilst you have nothing to lose by as*****, *****’t have any major expectations that it will lead to anything.

It therefore means that to have any chance of compensation you should pursue them for disability discrimination through the tribunal. You do not have to leave your job to do this and can submit a claim whilst still employed by them. However, you would first have to go through ACAS and use their early conciliation service. This is a free service where ACAS act as a mediator between the two parties and try to reach some sort of compensation agreement without the need to go to tribunal. If that fails then they will give you the go ahead to make your claim if you still wanted to pursue that.

You must also consider whether you are still within time to make a claim – this must be done within 3 months of the discriminatory act complained of. This is likely to be a refusal to make reasonable adjustments, so the latest occurrence when they failed to hold a 1-2-1 meeting with you. The conciliation process places that deadline on hold until it is completed so you will get an extension on the deadline to claim.

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

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Customer:

Hi ben,

Customer:

Your answer has been a great help. Really appreciate the advice.

Customer:

Feel free to close the ticket

Ben Jones :

Thanks for getting back to me and will do, all the best

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