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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 51163
Experience:  Qualified Solicitor
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Ben...my request is on the page before. Can you please

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Hello Ben...my request is on the page before. Can you please respond to me. Thank you!

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

I will copy the new question here for reference:

ello Ben. Kindly brief me on how to go about the claim. My resignation finishes Friday 11th May 2018.
I actually want to claim for unfair Treatment given me, which has led to why I resigned. The Line Manager in question has denied he didn't bullied and harassed as stated in the HR response in the letter of result of the meeting I had on the 26th March. This wasn't true as I have a recorded audio of the harassment and the bullying he gave me on that day 26th February 2018, which I did not show on the day of the meeting of 29th March 2018.
You can hear him (Manger) clearly and all that happened while he pushed me asking me to leave the depot by force.
Please l need your support at this time.
How so I go, with the filling.

Customer: replied 3 months ago.
Hope you got those requests please?
Customer: replied 3 months ago.
Hi Ben...

Hi there, sorry I have been in court all day. If you wanted to make a claim you need to do so within 3 months of the end of your employment.

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(###) ###-####

If ACAS cannot resolve this, you would be issued with a reference number, with which you can then make your tribunal claim here:

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

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 3 months ago.
I am not clear about my case. Does it mean I cannot make any claim now, having not invOlveston ACAS right from the beginning.
I had been called to a meeting with the HR, on the 29th March 2018. The outcome of the meeting was that the time of suspension from work was paid, and was asked to come back to work. But what I am filling claim for is the unfair treatment of 28th February 2018. The inconvenience caused me and the discomfort and hardship during the whole month of suspension was too much.
I have a recorded audio to support my argument for a claim, if needed.
Can I still claim...?

You must involve ACAS before you can make a claim in tribunal, however it is not to late to engage them now, once your employment ends. So if you are resigning because of all this and going to claim constructive dismissal, assuming you have 2 years service, you can make a claim within 3 months of the end of your employment. You would therefore engage ACAS as soon as your employment ends and once that process finishes, if you still want to claim, you can then proceed to the tribunal. Does this clarify?

Customer: replied 3 months ago.
It is cleared now. I can go online for the ACAS Claim form.
There was a thing I noticed now please; the payment for the month April was made today 10th May 2018; but its very disappointing that my full wages was not paid having worked throughout the Month of April even till today.
All effort to talk to this aggressive Manager this morning he turned down as he shunned me and said he's got no time to see me; that I should talk to the Supervisor. And that was when I wanted to discuss the issue of shortage in my wages with him.
This man is just too rude in the way he treats me and even some people in this place!!!!
Anyway, I will fill up the ACAS Claim forms. .......

the wages issue can be dealt with by acas as well so mention it to them that you will potentially be pursuing an unlawful deduction of wages claim as well as constructive dismissal

Customer: replied 3 months ago.
That's great!
I've just sent for the payslip for the month from the Payroll which will come to me in the post by tomorrow Friday 11th May 2018. From this I can ascertain the times that was not paid. But I believe it was the last holiday from 18th April 2018-2nd May 2018.
I believe all of these should be in my last pay of the 10th of May 2018 as I had given 2 week notice. ???
Thanks immensely as I look forward to briefing you as events unfolds........

if this was your last pay then yes, all outstanding payments should have been made by then. If it was an error on their part they can make an additional payment at any time, so check to see if this was indeed an error.

If your original query has been answered I would be grateful if you could please quickly rate the service so far by selecting 3, 4 or 5 stars above as it is an important part of our process. I can still answer follow up questions if needed and the question will remain open. Thank you

Ben Jones and other Law Specialists are ready to help you
Customer: replied 3 months ago.
It's okay for now. Thank you!
Customer: replied 3 months ago.
I am really enjoying your support and I promise it will not go uncompensated. ....
Thank you.

thank you and no problem at all

Customer: replied 3 months ago.
Can I mention about the Audio voice of the Manager I recorded as proof for bully and haarasment on theach 28th February 2018 ...?

you can say you have recorded evidence which you will use if necessary

Customer: replied 3 months ago.
Okay.....just waiting for the Payslip from the payroll....
Customer: replied 3 months ago.
Hi, just got the Payslip now and the manager who was supposed to send the hours I worked has decided to hold my pay from 1st April 2018 to 17th before I started my holiday. He only paid 56 hours of the holidays from 18th April to 2nd May. The days after the holidays even till today the last day was not paid....
We have the sign in sheet to contest this. He was actually playing a game with me, which I can't understand.

well whatever he has done and whatever hours you are owed, you can always just claim through ACAS first then the tribunal if no resolution is reached that way, so just make two claims at the same time - one for the constructive dismissal and one for the owed pay

Customer: replied 3 months ago.
Okay...thanks
Customer: replied 3 months ago.
I had filled one Individual Claim notification form, when a case Reference Number was given to me.
I hope this is the only firm I should fill for a start with ACAS Counciliation Service for now.
I had their number which was given after I submitted the former to call Monday-Friday between 8 am & 6pm.
I will call on Monday.

I suggest you still call them today just to make sure that they have them received your notification and all relevant details

Customer: replied 3 months ago.
Thank you Ben. I will call ACAS later in the day.

No problem, thanks

Customer: replied 3 months ago.
Hello Ben. I have been given a conciliator and they don't mind if I can appoint someone to deal with the matter on my behalf. I will not mind to have you to deal with the matter on myour behalf if you can.?
Are you able to do that? ??

Unfortunately I won't be able to do that - we are just an online Q&A service and all I can do is just chat to you on here, I cannot actually represent you formally in any way, sorry

Customer: replied 3 months ago.
Do I necessarily need to appoint someone to represent me? If not that I might be a bit busy around this time because I am arranging a new job this week.....
I don't mind facing it though, but please stay by me.....throughout!

Legally you do not need anyone to represent you, a claim can be made by you personally and pursued all the way to the end. Many people make tribunal claims alone and get no formal legal representation. And don't worry, I am always on here can ask questions whenever needed.

Customer: replied 3 months ago.
Okay Ben. Thank you.
I had been assigned a conciliator already. We had spoken this morning. ...
He promised to get to my employer.
I've told him I am claiming for Constructive Dismissal and the Short payment of my wages. They had really inconvenienced me by holding my salary for no reason.

ok good the whole thing is progressing as it should

Customer: replied 3 months ago.
Thank you.

no problem

Customer: replied 2 months ago.
Hi Ben.
I got a mail from the conciliator yesterday and he said my former employer are happy to pay all that they owed me from the 30th March 2018. He wants me to send him the supposed hours for the period of time.
Can I mention all the inconvenience claims and the claim for the constructive dismissal. .?
Give me a breakdown of how I can request for the claims please.
Thank you.

Hello, thanks for getting in touch. We do ask that customers post any related follow up queries within 7 days of submitting their original question if they want it to be covered by the initial fee. After that time, if you need further support, we kindly request that a new question is posted as we cannot offer indefinite assistance under one fee. If you need any further help on this matter please post it as a new question on our site, starting it with 'for Ben Jones' as I am familiar with your case and can deal with it most efficiently. Many thanks