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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70335
Experience:  Qualified Solicitor
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I have been off work due to work related stress brought

Customer Question

I have been off work due to work related stress brought about by racial harassment and disability discrimination; for which I have raised a grievance. I believe my employer has failed in their duty of care. Despite this I returned to work on a conditional fit note requesting specific reasonable adjustments. Today I believe I was victimised as a result of my complaint and left work, having made it clear this was the reason for my departure. I have two days annual leave Mon/Friday and want to know what my next move should be. They have already begun to reduce my pay in half despite requests to treat my absence from work as disability related absence.
JA: Have you discussed harassment at work with a manager or HR? Or with a lawyer?
Customer: No
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Permanent employee belong to trade union, who are doing their best but no legal support has been given.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The racist abuse was along the lines of mixed race people are the product of rape and I am a rape survivor, so this has been very traumatic.
Submitted: 13 days ago.
Category: Law
Expert:  Ben Jones replied 13 days ago.

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.

Expert:  Ben Jones replied 13 days ago.

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

Customer: replied 13 days ago.
Since January
Customer: replied 13 days ago.
Hi Ben are you a qualified UK solicitor?
Expert:  Ben Jones replied 13 days ago.

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?

Customer: replied 13 days ago.
I do not have any confidence the employer will behave any better than they are now. Would a without prejudice discussion and consequent settlement include financial reparation for all the tortes?
Expert:  Ben Jones replied 13 days ago.

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?

Customer: replied 13 days ago.
Importantly, I am 50 years old. In the middle of a pandemic, with historic unemployment levels on the horizon, leaving my job, however awful, would be quite a gamble. Seeing this out I have no doubt they will continue to dig an ever deeper hole for themselves, but the process is causing extreme psychiatric harm.
Expert:  Ben Jones replied 13 days ago.

replies crossed I think...

Customer: replied 13 days ago.
I sent a payment for a phone discussion please let me know when you will call
Expert:  Ben Jones replied 13 days ago.

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?

Expert:  Ben Jones replied 12 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

Expert:  Ben Jones replied 10 days ago.

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