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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 73837
Experience:  Qualified Employment Solicitor
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Have been contacting acas since last year in March and been

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Hi have been contacting acas since last year in March and been taking advise from them I was being bullied at work and then went off with stress and was then furloughed I was advised to keep a diary for day to day events which I did when I went off sick and returned my locker had been broken into and I believe my diary was read because then my boss made allegations against me and I was suspended in October I was charged with gross misconduct in after many meetings with the bursar and domestic bursar I was fired I appealed on acas advice and had a meeting nearly two weeks ago either the fellows was told I would get an answer after 7 working days but haven’t heard anything but hr phoned me last week and asked if I would come in for a chat I went in with my mother and he offered me 1750 pounds and a months wages if I agreed to be reinstated and immediately resign I thought about it he gave me one week I really do not think this is fair as I’ve worked at the college for thirteen years and never had a problem in the past but we have a new manager and new bursar and domestic bursar all I wanted was my job back. Still have no news of appeal was just wondering if acas would help me now as I’m at a loss what to do I have declined there offer
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: yes have discussed with hr and busar
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I was self employed for seven years then they asked me to go on the books six years ago
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i am sending this to you on behalf of my son as he gets very nervous on the phone and has dyslexia so difficult for him to read messages and write them which is also an issue with the work because he feels he was discriminated against for this

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

What do you specifically want to know about this, please? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 7 days ago.
When we last spoke to acas they said if things were not resolved that they would mediate for us
Customer: replied 7 days ago.
please would be easier on the phone

ok no problem, if you prefer to chat please select the phone call option

Customer: replied 7 days ago.
I already did

No request has come through unfortunately, can you please try again

Customer: replied 7 days ago.
How

I am not sure what you see at your end unfortunately, if you cannot see any call options we may have to continue in writing instead

Customer: replied 7 days ago.
It says I sent my phone no to my private expert

there is definitely no phone reqwuest on this question page

Customer: replied 7 days ago.
Ok then was just wondering how we go about a mediation

Ok thanks, ***** ***** were you actually dismissed?

Customer: replied 7 days ago.
In april
Customer: replied 7 days ago.
We have been contacting acas since last March a year ago this has been going on this long

Thank you very much for clarifying. What has happened with ACAS in the past is largely irrelevant as it does not determine your legal, rights and options. What matters is that you have been dismissed now and you will be making a claim for unfair dismissal against the employer. That will also cover the claim for bullying, which you cannot make by itself and have to pursue under another claim, such as unfair dismissal in this case.

To tart the claims process you have to go back to ACAS. Before a claim can be made against the employer in the Employment Tribunal, the affected employee would be required to participate in a process known as ‘early conciliation’, which is administered through the them.

The purpose of this process is to allow ACAS to mediate between the employee and their employer to agree on an out-of-court settlement in order to avoid the need for legal action in the Employment Tribunal. The employer does not have to engage in these discussions and the process is voluntary for them. If they refuse to participate, or the conciliation is unsuccessful, the employee will be issued with a certificate by ACAS allowing them to make a claim.

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

In order to initiate the early conciliation procedure, ACAS must be contacted, either online by filling in the following form (https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute), or by phone on 0300(###) ###-#### They will explain the process and what happens next and get the ball rolling on your behalf.

If the early conciliation process was not successful, ACAS have issued a certificate to confirm that and you still wanted to make a formal claim in the Employment Tribunal, the claim can be initiated via the following link:

https://www.employmenttribunals.service.gov.uk/apply

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 7 days ago.
Thank you

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best

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