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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.
How long have you worked there for? 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
Many thanks for your patience. Yes I am a UK solicitor.
There is no specific right or wrong way for you to deal with this next and it very much depends on how you feel about it and what you are prepared to do. You can continue with the grievance procedure, or raise a new one if new grounds have appeared to do so. You can still try and resolve the matter with the employer if you believe there is a chance that will happen.
On the other hand, if you believe that this is now a futile exercise and that no matter what you do the employer will unlikely resolve this then it is a case of considering whether to resign and claim constructive dismissal, together with discrimination.
It is worth mentioning that there is a possible alternative solution, where the employer is approached on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under such an agreement, the employee gets compensated for leaving the company with no fuss and in return promises not to make any claims against the employer in the future. It is essentially a clean break, where both parties move on without the need for going to tribunal. However, it is an entirely voluntary process and the employer does not have to participate in such negotiations or agree to anything. It just means that these discussions cannot be brought up in any subsequent tribunal claim and prejudice either party. So there is nothing to lose by raising this possibility with the employer as the worst outcome is they say no, whereas if successful it can mean being allowed to leave in accordance with any pre-agreed terms, such as with compensation and an agreed reference.
Does this answer your query?
Yes, the main point of such a settlement is to compensate you for at least part of the issues you have experienced. You have to appreciate that it will unlikely be the full amount you ay be able to recover in tribunal but then this is because you are removing the risk of claiming and this is guaranteed compensation so you are expected to compromise from your side too
Does this clarify things a bit more for you?
replies crossed I think...
Just a quick clarification on phone calls – the pop-up offering you the chance to request one is automatic and I have no control over it. Therefore, if you request a call back there is no guarantee that I, or anyone else, would be available to fulfil it. At present, due to outside commitments, I cannot take calls but your request is open and visible to all other experts. If someone is available, they will accept it and call you, but if no one is free, then it will remain open until it is accepted or you decide to cancel it. In the meantime, you have already paid for a written response and that is the part I will continue helping you with. DO you have any follow up queries in relation to my response?
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
Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you