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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46196
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Good afternoonI would like to ask you about the procedure

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Good afternoon I would like to ask you about the procedure I should follow to submit a case against my ex-employer.I have been working for XXXX division for over 9 years. Due to too heavy work, lack of support from my line manager i got sick. I wanted to make a progress within a company and change the job I was doing but my manager successfully prevented it and as a result i am diagnose with depression, panic disorder and anxiety plus lower back problems. For the 10 moths of my illness my ex-employer was paying my sick pay and when I was almost ready to gradually come back to work i made unofficial complain to HR about the situation and in their respond my postilion has been made redundant. i know they made sure that everything looks good and comply with law. I haven't made any official complain due to fear of loosing my job, and unfortunately I was right about it. I am now unemployed and not able to look for new employment due to my health condition, I am under neurological care and on psychiatric therapy. I raised issues to my manager I have with my health on many occasions while I was working but she did not care. I've been leaving a life of"vegetable" for the last year and would like to go to the court but do not know who I should I turn to as It seems there might not be a case of unfair dismissal but rather my manager did not filled out her responsibilities enabling me to make a progress, I felt powerless in that case and more.... in the end I am unable to live normal life and have normal employment because of her. Please advise. I am looking forward to your reply. XXX

Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today.Firstly can you tell me when you were made unemployed and the reasons you company gave you for your dismissal please.
Customer: replied 1 year ago.

Hi, thank you for coming back to me, on the 28th of May this year and the reason is that my responsibilities are moved to external supplier.

Expert:  Ben Jones replied 1 year ago.
OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you
Customer: replied 1 year ago.

Is our conversation been seen to public?

Expert:  Ben Jones replied 1 year ago.
Hello no this is a confidential site. I will get back to you later this evening with my advice on how to proceed with this regards Ben
Customer: replied 1 year ago.

thank you.

Expert:  Ben Jones replied 1 year ago.
OK no problem thank you.
Expert:  Ben Jones replied 1 year ago.
Just to clarify about the confidentiality I probably wasn't clear - the initial discussion is public but once we finish we can lock it for privacy. When I say public it is not actually broadcast anywhere only someone looking for the specific term within could potentially find it. Let me know if that is ok please
Customer: replied 1 year ago.

Can we lock it as I used my real surname and I've named company I've worked for. Sorry. is that ok?

ax

Expert:  Ben Jones replied 1 year ago.

What we could do is edit the current question so that your personal details are removed and leave the rest of the question open so I can assist you with it - is that acceptable?

Customer: replied 1 year ago.

That's great, sure yes.

ax

Expert:  Ben Jones replied 1 year ago.
Ok as soon as that is done I will get back to you with my response. No need to reply in the meantime thank you
Customer: replied 1 year ago.

Good afternoon, I know my case is not straight forward,first important metter for me is what law applays to it employment law or civil law. That will help to turn to the right person.

Thank you

Ax

Expert:  Ben Jones replied 1 year ago.
Hello, I can see that the initial question has been modified and your personal details are no longer visible. Going back to your query if you wanted to make a claim against the employer you would have been looking at claiming unfair dismissal and/or discrimination based on disability grounds. You would be arguing that you were either dismissed unfairly, either because there was no fair reason to dismiss you or a fair procedure was not followed, or that you were being treated detrimentally due to a disability. In fact the dismissal could be automatically unfair if it was done because of a disability. First of all you need to establish if your condition(s) amounted to a disability, although I do not think this will be an issue here. In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’. The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”. I will break this definition down:Physical or mental impairment – this can include nearly any medical condition;Substantial effect – the effect must be more than minor or trivial;Long-term - the effect of the impairment must either have lasted or be likely to last for at least 12 months;Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. walking, driving, speaking, eating, washing, etc.) If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees. So the only thing you can do now is consider making a claim for unfair dismissal and/or disability discrimination., You can make both of them at the same time and on the same form. However, you only have 3 months from the dismissal date so it should be done by 27 August. Just so you know, a new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal. If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement. The conciliation procedure and the form to fill in can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits. 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
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46196
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much, your reply is clear to me and i do inderstand my position.

Thank you for your help.

Regards

Aneta

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