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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50158
Experience:  Qualified Employment Solicitor
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I have been bullied and victimised at work last 8 or so yrs,

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I have been bullied and victimised at work for the last 8 or so yrs, I have had meetings with management, and have always been fobbed of, with its a misunderstanding, or its me, have had counselling, so I have had a quite considerable time off with work related stress. In Feb 2015 I was told I breached a stage 2warning, so had to attend a meeting with my ream leader, we went through the process, and was told at the end of the meeting I would recieve a written warning, I asked if I could have a review of the warning, and was informed that I could only apply for that when I had received the written warning, and was informed I would only have 7 days after receiving the letter. I work for a local authority, so it's not a small company. Weeks went by, and I hadn't recieved no letter, I approached my team leader and informed him. He said he would chase it up,, months went by, and still nothing, so informed my team leader again, I had the same response. Still recieved nothing, so i thought maybe they had been lenient and quashed it, as I had only just breached by 3 days,, sometime last year I had to go off with work related stress again, management putting extra work on me with no notification. I then recieved a letter stating I had breached the third and final warning, and that my job was at jeopardy. I informed HR and personal about how I hadn't recieved my stage 2 written warning, but they practically said tough, the disciplinary was still going ahead. I attended the disciplinary with a shop steward, who said right at the beginning that this shouldn't go ahead, they practically laughed at him so it went ahead. I explained why I had breached, told them how can I work when management are making up lies about me and getting away with it when I had proven it,,I explained they had taken my right of a review away, and was informed it was carried out a few weeks prior to the discipline and been upheld. When I asked who had asked for this review, and what grounds did they go on, no one could answer, because I never applied for the review,, and this was done 15 months after the so called stage 2 written warning,, can they do that without me applying for it, and so long after. anyway outcome was I lost my job.i have appealed against the decision, and have received a letter stating I will hear in due course, but this was 2 months ago, and still heard nothing, and I only have 3 months to apply for a tribunal. Just another thing I need to state, the manager I have stated who was bullying and victimised me, has been suspended for such things, plus a supervisor too,,, so what I'm asking is, is there grounds to go to tribunal

How long have you worked there?

Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. If you can please confirm how long you have worked there for, I will reply to you later today, as I am in tribunal myself for most of the day, thank you

Customer: replied 1 year ago.
Since 2002

Many thanks for your patience. If you wanted to consider a claim in tribunal then your only option would be for unfair dismissal. You would be arguing that you were dismissed either for an unfair reason or for the employer not following a fair procedure. There are certainly potential reasons to do so here – whilst a dismissal could have eventually taken place, you should have been given the chance to appeal any of the previous warnings, before they were used in a top up procedure to result in your dismissal. What a tribunal may look at though is whether in the circumstances even if you had appealed, would the outcome have been the same. If that is more likely than not, then they could potentially look at reducing your compensation. So even if you are successful and win your claim for unfair dismissal, the tribunal could reduce any compensation you are entitled to if they find that you would have likely ended up being dismissed even if they had followed a fair procedure.

At this stage you are quickly running out of time and you do not need to wait for the outcome letter or any appeal outcome. You must start the process within the specified time limit regardless of all of this. So start looking at this soon to ensure you do not miss the deadline.

This is your basic legal position. I have more detailed advice for you in terms of the procedure you must follow to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50158
Experience: Qualified Employment Solicitor
Ben Jones and other Employment Law Specialists are ready to help you

Thank you. 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.

Customer: replied 1 year ago.
Thank you, ***** ***** I enquired with you is, the union is fighting my case, and they say they have informed their solicitors, who have replied stating they didn't think I had a case, but the decision was reached by them only going on the termination letter I had from my arranging a meeting with me to get the full information, I quickly arranged another meeting with the union rep, and explained everything, he seems to think now he can update the solicitors who they use, so I will be showing them your response to say that I do have a case to take to tribunal,,
Many thanks Phillip Lerwell

You are welcome, best of luck