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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47375
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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In September 2014 I made a whistle blowing complaint to my

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In September 2014 I made a whistle blowing complaint to my employers. Since then I had been subjected to continual discipliners until I was sacked on 17the April 2015.I was under stress at the time due to lack of resources and staff (I was the manager of a department at a charity). My condition got worse due to the lack of support bullying and constant harassment. I took two periods of sick leave December2014 for 3 days and again in February 2015 for 3 weeks and 1 week’s holiday. Prior to these two periods of sick leave I had not had any sick leave in my four years with the charity (The department was tuped to the current charity three years previously). Due to stress and now depression I have been unable to deal with my affairs. I have not completed the union forms, or triggered acas to conciliate. I need help because time is now critical as I need to make a tribunal claim as I understand within 3 months which will be by the 16 July 2015. I do not have sufficient funds to do this. I need help with advocacy where do I go? What are my options now at this late stage? I live in the Preston Lancashire area. I am using my partners pc. Regards Kath
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long did you work there for?
Customer: replied 2 years ago.

4 years in total. One year at a previous Charity. The department was then tuped to the charity I was sacked from. I was there 3 years.

Expert:  Ben Jones replied 2 years ago.
Before you are able to make a claim at tribunal you are required to engage ACAS and use their free conciliation service to try and reach a settlement with the employer. Only after ACAS have tried to conciliate and have been unsuccessful would you be issued with a reference number which you can then use to submit a claim. Once you lodge your claim with ACAS it places a stop on the time limits for claiming so that period would not be used towards counting how long you have left before you can claim at tribunal. As an example, if you have a week left to make a tribunal claim and lodge your claim with ACAS today, once that process completes and you have the reference number from them, you still have a week within which to make the tribunal claim. So at this stage you would be required to lodge your case with ACAS and use their free conciliation service to try and reach some sort of settlement with the employer. The process can be commenced here: https://ec.acas.org.uk/Submission/SingleClaimantPage As mentioned it is free and they will help you in your negotiations and hopefully you may reach an agreement for financial settlement without the need for tribunal action. If you eventually have to go to tribunal then there is unfortunately no legal aid available for such claims. You either represent yourself, which many claimants do, or you find a local solicitor who may be able to assist you. Not many employment lawyers work on a no win no fee basis so that may be difficult to find but you can search for local solicitors in your area here: http://solicitors.lawsociety.org.uk/ It is a matter of ringing around and trying to see if anyone would take up your case and agree the fee structure with them – there is no other way around it really. There is also an organisation called the Free Representation Unit which may provide free assistance in tribunal claims. However to be able to use their help you must be referred by one of their referral agencies, a list of which you can find here: http://www.thefru.org.uk/get-advice/list-of-agencies You need to find one local to you and pay them a visit and they can discuss whether your situation is one which could benefit from the FRU and if you would be eligible for such free representation. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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