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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49865
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have undergone a greivance procedure with my employer, I

Customer Question

I have undergone a greivance procedure with my employer, I have now left after handing in my notice. There was a grievance appeal which was not upheld and an appeal. The letter advising the grievance not being upheld had many contradictions.
I quote: "Although I do not uphold your grievance, I acknowledge that there has sometimes been a lack of support and management regarding your performance."
Earlier in the letter
"After a full investigation I believe that you have been subject to behaviour outlined in your letter more than other members of staff in the department. But, having concluded my investigation, I do not feel that this behaviour is malicious, intended to abuse or intended to intimidate you. I do believe that this persons behaviour is a result of a lack of ability to deal with pressurised situations and her poor management of your performance."
At no time was I offered further training regarding my performance nor was anything documented. This person was my Line Manager, there were many witness names given but the company did not interview all of my witnesses.

I wish to claim a compromise agreement due to the time I had to take off work sick [ 10 weeks by my doctor], the company advised me during the Appeal meeting they do not do compromise agreements.

I have complete correspondence regarding this grievance appeal.

Please advise.

Kind regards
Beverley Paffett
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know how long you have worked there?

JACUSTOMER-f2wih8wu- :

Hello Ben, I worked there from June 2011 to 30/4/13

Ben Jones :

The starting point is that you cannot force your employer to enter into a compromise agreement. That is an entirely voluntary process and it is their prerogative to refuse to agree to one if they want to. If that is the case you will have to consider whether to make a legal claim against them instead. You may then either seek compensation from that if it is accepted and you win, or that action itself could prompt the employer to reconsider their position and agree on a compromise agreement in order to settle the claim you have brought against them.

As you have resigned now due to these issues the only claim you can make against the employer would be for constructive dismissal. This is where you have been forced to leave your employment due to a fundamental breach of contract by your employer or its employees.

A common breach by the employer occurs when they, or their employees, have broken the implied 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).

You have 3 months from the last day of your employment to make the claim in the employment tribunal.

Ben Jones :

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you