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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 63450
Experience:  Qualified Solicitor
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I would like to speak with someone regarding employment law.

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Hello, I would like to speak with someone regarding employment law. I have been harassed at work & insulted for my religion and beliefs. People have also accessed my personal email from the work computer, invaded my privacy and all my google searches, maps and everything possible. Would it be possible to please speak with someone regarding how to quit my job and what legal rights do I have?
JA: Have you discussed this harassment issue with a manager or HR? Or with a lawyer?
Customer: I haven't discussed it with anyone yet, but the management has been aware and defended me already 2 times. Now everything has gotten out of hand
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: I think this is everything, the harassment was bad enough that it caused me a panic attack as I have anxiety issues

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

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

Ben Jones and other Law Specialists are ready to help you
Customer: replied 11 days ago.
Thank you very much. I have been working there for 3 months and I have just passed my probation period.

Many thanks for your patience. The starting point is that as someone who has worked there for less than 2 years, you generally do not have many rights, especially not the tight to claim for constructive dismissal (which would have been the usual claim to make in these circumstances).

 

However, if you have been treated detrimentally because of your religion, then that could amount to discrimination, for which the 2 year limit does not apply. So you could consider resigning and making a claim for religious belief discrimination in the Employment Tribunal.

 

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 123 1100.

 

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

 

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

 

Customer: replied 11 days ago.
Thank you very much for your response and for providing all the details. I will keep this in mind and discuss with the management on Monday. Based on their response, I will make a decision if I want to go forward with the formal claim or not. Thank you so much for your time and help. Wishing you a good evening!

Many thanks and all the best