Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Can you please explain your situaiton in some more detail?
How long have you worked there for?
Was that the start of your employment with them or did you work before that part time or in another capacity?
Unfair treatment at work can encompass an unlimited number of scenarios so it is difficult to pinpoint specific factors which must be present for that to happen. It really depends on what the unfair treatment complained is of and what the reasons for it are.
For example in bullying, that is defined as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.” Whatever form it takes, it is unwarranted and unwelcome to the individual subjected to it.
In constructive dismissal, there has to be a breach of contract and a common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).
In any event you cannot just claim for unfair treatment at work. You have to be able to identify the grounds on which it is happening and pursue it that way. The issue for you is that with less than 2 years’ service you are not protected against constructive dismissal. This wold be the most common way of making a claim for things like bullying, general unfair treatment, etc. So to be able to claim you must really be able to show that it was on grounds of discrimination, which does not require a minimum service to claim. This could be things like gender, race, age, religion, etc.
You have mentioned your age may be a factor here but you must be able to show that there was indeed referential treatment for younger workers when compared to you, as an older one. As you can imagine it could be pure coincidence that you were treated the way you were and it may have nothing to do with your age so some evidence that may suggest they had preference for younger workers will be needed.
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Thank you. So in the first instance you can raise a formal internal grievance. Check if you have a grievance policy to see it says how you should do this, if not then it is a formal written complaint sent to your manager. If you wish to make a claim for age discrimination in the tribunal you only have 3 months from the date of the discriminatory behaviour to do so.
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:
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.