How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 53231
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I’m currently waiting on the outcome of a formal grievance

This answer was rated:

I’m currently waiting on the outcome of a formal grievance which is nearing its 10th working day since I had the grievance meeting. It’s in relation to my manager bullying and harassing me for over the last year. Im currently of on work related stress now into my 6th week. As a result of my treatment I had been applying for jobs in the background and I have just received confirmation that I have been accepted into a new job which begins In 3 weeks. a. Do I need to give any notice to leave? And will this affect my grievance outcome? b. Can I take a case to an employment tribunal without appealing their decision as I’ll be in a new job?
Customer: replied 9 months ago.
I’ve also no written contract and been in the job 3 years.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

On what grounds have you been bullied, is it to do with race, religion, gender, age?

Customer: replied 9 months ago.
I feel it’s to do with gender. I’m the only male in a female office. On occasions I’ve been subjected to verbal abuse and threats in front of my female colleagues from my manager.

Usually you would be required to give notice and work it. However, there are circumstances when an employee may be entitled to leave with immediate effect and without honouring their notice period. This occurs when an employer has committed a serious breach of contract first. The whole contract, including the notice periods, then becomes immediately void and the employee would be treated as being 'constructively dismissed'. So if there are reasons to believe the employer has acted in breach of contract, whether a breach of an express contractual term, or other breaches such as bullying, exposing the employee to unreasonable stress, discriminating against them, etc. this reason can be relied on in order to leave with immediate effect.

Once you have left though they no longer have a duty to deal with a grievance so that may be dropped.

You can still make a claim for sex discrimination without appealing anything and this needs to be made within 3 months of the alleged discriminatory act.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow if you were to make a claim . There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 9 months ago.
Is their a legal timeframe that my work need to get back to me with a resolution on my grievance? In their policy they state it will usually be within 10 working days? It’s currently been 8.

Hi there I will deal with the above query in the separate question on the other thread you started. In terms of taking this further to a claim, Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####