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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 7736
Experience:  15 years experience of advising on employment law matters
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30/05/19 Informal grievance - asked by regional and 2 X

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30/05/19 Informal grievance - asked by regional and 2 X deputy managers to assist with transition of service user to a different unit - I was clearly shocked to be chosen. This is a very challenging service user and I stated that I was frightened of him and I felt unable to support him in an effective way I said it wasnt fair on the service user or the other staff member i said female staff can be a trigger and that the staff ratio of 2-1 simply wasn't safe when he goes into incident (which is almost daily) the Incidents I've witnessed /experienced with him have required 4 staff members to safely manage and de-esculate, I was pressured and and agreed to give it a go. i worried myself sick and was very anxious about it when i heard that the service user had punched 1 staff member and dislocated the fingers of another whike being supported by 2 male staff atv this pointv I decidecI simply could not go
05/06/2019 Written grievance - I sent email explaining why I felt unable to assist with service user transfer to new location outlining my concerns over safety of service user, colleagues and myself, I asked if my job was under threat if I declined. I addressed my letter to the regional manager, both in house deputy's I included head of HR as all line managers were present at previous meeting on 30/05/2019 when my fears were ignored. I included HR in order to escalate accordingly as my managers hadn't offered any reassurance or addressed my concerns. in the email I refused to go on shift that afternoon at new location as I felt I would be injured (The 2 staff who were sent there that day were both injured in a prolonged incident) - see attached docs
I remained at my current unit 'The Beach' for the rest of the week awaiting a reply.
10/06/2019 received response from regional manager simply stating that I had to go over as it was a requirement of my role but not addressing any of my fears/concerns. I feel this should have been responded to by HR and at this point I should have been offered the opportunity to attend a grievance meeting, Had I been invited to a greivace meeting at this point I would have felt that I had been listened to and am certain that a solution could've been agreed upon. Instead I now feel under valued and bullied they wanted to send me knowing I would leave or be injured/fail discrimination especially when others had been able to decline without reprimand or consequence see attahed docs
12/06/2019 I felt I had no choice but to resign in writing via email addressed to Company director, head of HR, Health & Safety rep, I explained that I felt I was being disciminated against and I considered this to be constructive dismissal.
13/06/2019 I received a response from HR inviting me to a grievance meeting on the 20th
20/06/2019 I attended meeting at head office with my chosen companian.
the chair (head of HR) got it down to 3 questions which he said he would investigate
1) the selection process of team members to assist with the trransistion
2)The response to my concerns (grievance) from regional manager simply saying that 'it is a requirement of my role'
3)Why wasnt I invited to attend a grievance meeting before the 20/6/2019
(as this could have been redolved without me resigning)
I was told I would hear the outcome by the end of the following week.
28/06/2019 I chased up the outcome of the meeting
28/06/2019 reply came saying he had been unable to conclude and would advise me of the timeframe by 03/07/2019
01/07/2019 I chased up the outstanding notes from the meeting
03/07/2019 I recieved the notes from my meeting requesting I amend where i felt it wasn't a fair reflection of what was said
05/07/2019 returned noted with sugested amendments and chased up the greivance outcome
11/07/2019 I received the Grievance outcome (3 weeks after meeting)
points 1 & 2 were not upheld however point 3 (why wasn't i invited to attend a grievance meeting before 20/06 was upheld, they say they are going to offer more trai
JA: Have you discussed this workplace safety issue with a manager or HR? Or with a lawyer?
Customer: do you think this is constructive dismissal
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee
JA: Anything else you want the lawyer to know before I connect you?
Customer: he will need to read the grievance otcome and also my appeal
Hello my name is ***** ***** I am a solicitor and I will be helping you with this, how long have you worked there for ?
Customer: replied 4 months ago.
Over 2 years

Has your employment actually ended? it is unclear from your question/ notes?

Customer: replied 4 months ago.
I resigned with immediate effect 12/6

you need to act promptly to start early conciliation proceedings with ACAS at www.acas.org.uk to start your claim as you have 3 months from the 'effective date of termination' - your resignation to pursue.

If that does not result in a successful resolution then you can pursue the claim in the Employment Tribunal using the form you will find at www.employmenttribunals.gov.uk

Is there anything further I can help you with this evening?

Customer: replied 4 months ago.
I've already sent the form to begin EC i, ACAS phoned me and have a certificate number ready to give me I am due to attend my grievance appeal meeting ' tomorrow ACAS are going to call me tomorrow to see if I want to start EC or wait for outcome of investigations. They called me on the 8th Aug, I sent the form a few days before that.

I would suggest given the time frame that you commence EC, this will not prejudice the grievance or your claim.

Is there anything else I can help you with?

Customer: replied 4 months ago.
My main question at the moment is, in your opinion do I have a case for constructive dismissal? and would you say 'it's a strong case'?

You definitely have a claim and on the face of it it seems a reasonable claim. I cannot comment on the merits with any certainty as I do not have the employer's version of events.

There is no cost in bringing an employment tribunal claim so there is absolutely nothing to lose and defintitely there is a case to answer.

Do you have any further questions please?

Customer: replied 4 months ago.
That's all at the moment, thank you for your help

No problem , please take the time to rate my answer before leaving the site so that I can be credited for my time thank you and all the best.

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