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cutiepie22

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  1. Hiya Another useful website that could help is www.swarb.co.uk who have solicitors on site in the law discussion forums.
  2. A final note it seems that you have been dismissed with notice and dismissal date is imminent. From my understanding this means that you do not need to undergo the grievance procedures and can submit your ET1 and application for interim relief on date of dimissal. Should you wish to seek resolution (or not!) with your employers then it may be worth submitting a grievance (detailing the claims you will make on ET1)under the modified proceures on the date of your dismissal or included with response to solicitors letter which they should respond to in 28 days without a hearing. This could be tactical also as their response will give you an indication of their defence on the hearing day prior to awaiting an ET3 response given that solicitors have already been instructed.... I would suggest that you submit ET1 on date of dismissal claiming possibly: Unfair and wrongful dismissal Failure to protect you suffering a detriment eg dismissal for making a public interest disclosure, detriment of possible gross misconduct charges on your work record for asserting your statutory rights Failure to provide reasonable support to prevent you being bullied Failure to protect your health, safety and welfare under various h + s leg (if for example you are suffering stress as a result of dismissal and have no job to go to so loss of income) Like I say, just from my own experience so still get independent help from here, acas, pcaw, employee advice line, CAB etc with the specifics of your case. Good Luck!
  3. Hi I am going through a similar experience and would offer the following advice if you are considering self litigating to keep costs to a minimum- Post on here! (obviously) Purchase Employment Tribunal tactics and precedents- invaluable. First chapter free on Employment Tribunal Claims Familiarise yourself with standard disciplinary and dismissal procedures/ grievance procedures (acas website) Acas - How can we help? Contact PCAW (Public concerns at work) and view their website. Lot of whistleblowing case histories on there www.pcaw.co.uk Throughout any grievance or disciplinary process seek advice from employee advice - redundancy, dismissal, discrimination, bullying, harassment Professional HR advice on side of employees, just £5 per question. CAB just printed off info which you can download from their website anyway re constructive/unfair/ wrongful dismissal without an appointment Only once you have submitted ET1 to tribunal (make sure you are sure of the deadline- acas can advise) and have received ET3 consider legal advice to keep legal costs to a minimum- nick hannings is the best in the field re bullying and can do a full review of your case for approx £500 if you send all supporting documents www.reynoldswilliams.co.uk Check out also the late Tim Fields bullying website either bully online or bully offine which is a fantastic resource. Consider joining the yahoo group bully online- loads of postings on there which could help. Most important advice, you have just 7 days from date of employment terminating to submit an application for interim relief (to protect your salary until full hearing) if you are claiming that you have suffered a detriment for making a protected disclosure. The ET have no power to extend this. (This advice is just from my own personal experience as a self litigant, I am awaiting a hearing date and have not incurred any legal costs to date) Lastly look after yourself and dont get too stessed you will need to dance like a butterfly and sting like a bee especially when the heavy handed tactics start.... Hearing dates can be anything up to 6 months away and beyond so be prepared for a lot of waiting around......unless you apply for interim relief within 7 days in which case a pre hearing review is likely to be very fast (within 2 weeks) to consider the continuation of contract/ salary pending full hearing Very Best Wishes + Good Luck
  4. Hi everyone I tried to resign with immediate effect following a breach of trust by my manager but my resignation letter wasnt accepted by HR as they were "hopeful they could resolve my concerns and I would return to the business" which I agreed to. Following grievance outcome, which didnt uphold or resolve the concerns contained within my resignation letter, I was advised that should I not wish to appeal the outcome I could come back to work on account that my concerns had been addressed. (I was off sick at this point) As my concerns hadnt been addressed, I had no option but to appeal. Once an appeal date was confimed I was forced out of the organisation (decision made that my original resignation letter still stood) even though there was an agreement in writing that my original notice was retracted and also it was made clear by HR that this was the decision of the manager who didnt take my concerns seriously causing me to resign in the first instance! I was also covered by a medical cert- this was first sickness in 5 year. At the time my contract terminated the grievance appeal hadnt been heard (still hasnt) and no dismissal proceedings had been instigated. 6 weeks after my contract terminated and after their receipt of my ET1 claim I received a letter from HR inviting me to an internal appeal hearing due to severity of my concerns, yet I am no longer an employee???? so see little point in attending at this stage. I submitted the grounds to my appeal over 3 months ago. Further, the ET3 denies all my claims in their entirety and counterclaims against me for damage to company car (????). Any one more understanding than me of tactics in employment tribunal claims able to offer any advice?? The ACAS conciliator recommends that I attend but I really dont see any point....my employment terminated nearly 3 months ago. Also, counterclaim for damage to company car??? Surely any wear and tear is insured... Even the concilliator has never heard of a counter claim for company car damage. Is this just a tactic? A notice of hearing date is due any time. Any advice apreciated.
  5. This is great news! I am going through a similar experience so good to hear there is light! Can I pm u later?
  6. Can an employer accept resignation submitted with grievance whilst off with work related stress, prior to investigating grievance?
  7. Basically I brought a qualifying disclosure to line management attention which resulted in a dismissal and have suffered victimisation since eg lack of support from line manager, labelled a grass etc by colleagues/staff, malicious phone calls, undermining behaviour, unfounded complaints against me etc with the usual pack mentality approach. No actions put in place to offer additional support to me although difficulties I would face were recognised by management at the time of disclosure a couple of years ago. Latest lack of support from manager when I reported latest example of the above behaviour wasnt taken seriously and prompted me to resign and I submitted notice of resignaion, doctors note (WRStress) and 2 page grievance letter. Resignation accepted by line manager verbally although not confirmed in writing. My staff team informed by my manager and my job subsequently advertised and appointed to -prior to me receiving written confirmation that resignation had been accepted. Due back from sickness absence soon prior to contract end date. Grievance being investigated but not resolved. (28 days have elapsed) When do I submit a claim to tribunal Do I need to go back once sick period expires if no job to go to Can employer accept resignation with grievance prior to investigating grievance Can employer advertise and appoint to my job prior to formally accepting resignation Can employer mis and pre inform my staff of reasons of departure (prior to formally accepting resignation) Where does PIDA fit in? What should I be claiming for on ET1 form and confirmation of timescales Any one represented themselves at a similar claim? Grateful for any advice and support. Im not in a union.
  8. Has anyone suffered victimisation at work following blowing the whistle on mal practise Advice needed on pursuing a claim for constructive dismissal.
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