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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49866
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi Ben You have all the details of my issues from before!

Customer Question

Hi Ben

You have all the details of my issues from before! I am still off sick ad nothing has been resolved. My employer has called a first stage sickness absence meeting and I have been informed that I cannot put in a formal grievance prior to my sickness absence management procedure?? Is this right and why?

Many thanks
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. I'm mobile right now so I can't look at this immediately but I can help at about 10pm tonight if thats helpful?

Customer : Yes that will be fine, I will look forward to your answer! You also have all the background history to my situation as I have discussed in detail with you before!
Customer : many thanks
Ben Jones :

Many thanks for your patience. Do you know of any policy that says you cannot raise a grievance at this stage? Has the employer said why you cannot raise a grievance now?

Customer : No! It is my union negotiating secretary that has said this on a letter? I have a feeling that they are conversing! What such policy would say this? Have you read through my past corrspondence with you
Ben Jones :

Yes I have seen our previous correspondence. If the employer is trying to rely on rules that state you cannot raise a grievance at this stage, then you need to ask them to specifically refer you to the policy that says this. Generally you are able to raise a grievance at any stage, although sometimes the employer could have a set of policies or rules that state certain complaints should be resolved informally at first or setting out steps that should be followed before a grievance is raised. But a total ban on raising a grievance is unlikely to be fair and will remove your basic rights as an employee so be pushy and ask them to be shown the specific policy that says this is not possible.

Customer : Ok! But as you have seen I did send an email to my headteacher with 'raising a grievance in the title months ago? Problem is the head is now off sick and there is an acting head dealing with it or Not! They are concentrating on getting me back to work and have suggested a resolution meeting with the bully acting head Myself and union reprensentation! Which the say will give me an opportunity to air my concerns and to put strategies in place! But this has gone on for 4 years now and I feel it's too late for this! Could they dismiss me if I don't agree to this?
Ben Jones :

dismissing you fairly for this could be difficult considering they are only suggesting this 4 years too late

Ben Jones :

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?

Customer : Ok. But my union Rep is saying that they could dismiss me if I don't go back to work soon? Page first stage absence meeting had already been held, the actions was for the acting head to investigate the location of my stuff, conclusion is that there is not enough evidence that my stuff has been destroyed and thrown out, staff concerned denying seen personal stuff and lying about what was in the locked cupboard! They have not answered the questions regarding who authorised this to happen and refuse to accept that it has been done maliciously and with contempt!
Customer : Although he as apologised in his report on behalf of the School, but I am not happy with the outcome and still do not feel I can go back to work! There is a reconvene of the last meeting soon!
Customer : look forward to your reply
Customer :

hi Ben

Customer :

Could you please reply/

Customer :

hi Ben

Customer :

hi Ben could you please reply!