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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61056
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

I hope so. I have submitted a grievance, it has not yet been

Customer Question

Hi there, I hope so. I have submitted a grievance, it has not yet been heard in the meantime i was made redundant, is it appropriate to have a without prejudice conversation about settlement before grievance is heard or after?
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: HR informed me of redundancy dismissal I mean
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee. Union yes
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 6 days ago.
Category: Law
Expert:  Ben Jones replied 6 days ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Expert:  Ben Jones replied 6 days ago.

How long have you worked there for? Please note I am mobile today so may not be able to reply until later today thanks

Expert:  Ben Jones replied 5 days ago.

Hello, I am not sure if you saw my query above: How long have you worked there for?

Customer: replied 5 days ago.
Over 12 years
Expert:  Ben Jones replied 5 days ago.

Are they still proceeding with the grievance even though you have been made redundant?

 

Customer: replied 5 days ago.
For the moment yes. I was denied access to information on my work pc and my office to prepare for grievance as I was dismissed before grievance hearing
Customer: replied 5 days ago.
My question is do I think right that first I do grievance then appeal of grievance outcome if needed then acas and only then without prejudice?
Expert:  Ben Jones replied 5 days ago.

Depends on what you are trying to get out of the WP meeting to be honest. In general, such meetings can happen at any stage and they can be paused and restarted as and when the parties see fit. So there is no legal restriction on you initiating these discussions now, before the grievance has been completed, but at the same time there is no need for you to initiate the WP chats at this stage and can still wait until the grievance is complete. It is entirely up to you.

 

Does this answer your query?

Customer: replied 5 days ago.
Thank you. I have just appealed redundancy. Aim of WP would be to get a settlement in addition to the statutory pay based on various allegations in the grievance.
Customer: replied 5 days ago.
Is there such a thing as a coefficient between what a tribunal would award if one went to it and a settlement amount to ask for?
Expert:  Ben Jones replied 5 days ago.

Not a scientifically calculated one….but usually you would be expected to settle for less than what you may recover at tribunal, because it is the easy way out, you get a guaranteed payment and do not risk going through a claim and losing, so you have to give something up for that

 

Customer: replied 5 days ago.
Understood. In your experience are employers more likely to have settlement conversations if there is a threat of tribunal ( like you are already registered with ACAS) or not?
Expert:  Ben Jones replied 5 days ago.

Yes in general they would be more willing to consider that as no one wants to get embroiled in legal action and if there is a commercially viable way out then it would make sense for them to at least consider it

Customer: replied 5 days ago.
Thank you. Is it possible that if I get a lawyer now to start WP before grievance employer could say there is no proposal to be made on considered re settlement as there is no case/we did nothing wrong etc?
Customer: replied 5 days ago.
I am basically trying to weigh up what would be the best course of action to get max settlement
Expert:  Ben Jones replied 5 days ago.

You will likely get the best chance of a favourable settlement when you have a good idea of what claim you have against them and they feel most exposed…

Customer: replied 5 days ago.
Thank you. Do I have to articulate these claims at grievance or a lawyer can do that for me after grievance appeal?
Expert:  Ben Jones replied 5 days ago.

No there is no specific need to mention them in the grievance – you either have them or you don’t, it makes no difference if you mention them in a grievance

Customer: replied 5 days ago.
I see. I thought it was for the tribunal to decide whether you have them. Is it a good indication that you hace them if ACAS agrees to register your claims or if they don't you don't? Obviously this is in addition to legal advice not instead of.
Expert:  Ben Jones replied 5 days ago.

Well obviously the tribunal has the final say but what I mean is that your right to claim does not depend on what you say in a grievance. ACAS would register any complaint as long as it is within time, they do not really make a judgment on whether you have a good case or not, all they do is try to negotiate between you and the employer – the merits of a case are determined in tribunal

Customer: replied 5 days ago.
Within time obviously being 3 months minus 1 day or such. I assume if I have a number of claims eg discrimination, unfair dismissal, personal injury they can register all of them? Or is it too complicated.
Customer: replied 5 days ago.
And if I do not have full evidence I'd like to present at grievance because I was made redundant before grievance hearing and was denied access to systems, is it important to record that at the grievance hearing, include in grievance appeal to be used later, tactically speaking? To me it feels like frustrating my grievance but obviously I am not a legal professional.
Expert:  Ben Jones replied 5 days ago.

Yes they would deal with all of them, it is not uncommon for various claims to be made at once

Expert:  Ben Jones replied 3 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 3 days ago.
Hello Ben. Apologies I thought I had. Yes, thank you very much for useful, clear and helpful response.
Expert:  Ben Jones replied 3 days ago.

All the best