ET1 & Grievance

[gmail]

Can i submit an ET1 form whilst a grievance is on going?

 

It's just because im very close to the time limits for submitting an ET1 form

[Sidewinder]

Normally it is wise to to have exhausted disciplinary and grievance processes before proceeding to Tribunal, as any award can be affected where employees go straight to ET without due process. It doesn't though exclude you from making a claim, and if you suspect that the employer is dragging their heels in responding in order to time out a claim then the Tribunal will take a dim view of the employer's actions.

 

Depending on just how 'close' the time limit is, then it would be appropriate to give the employer a nudge by Recorded Delivery giving them a final time period in which to respond. That would certainly be taken into account and would most probably work in your favour in any judgement.

[bed32]

You can, and probably should.

 

There is an odd gap in the regulations in that if the grievance is still on-going when the usual deadline expires then you get a automatic extension. However if you get the final response to the grievance only a short time before the deadline, the same does not apply.

 

It is not unknown for employers to delay the response to the grievance to such a point where you only have a couple of days to submit the ET1.

 

At the very least you should have it all written, in the envelope and ready to post, and if you get close to the date then send it in anyway.

[hanzo]

You cannot submit your ET1 until 28 days after the grievance has been lodged, unless it's a very particular set of circumstances involving 2 separate claims. After the 28 days have expired then you should submit the ET1, and request a stay (sist in scotland) if the grievance procedures are still being gone through.

[gmail]

Thanks for the advice guys

 

Looks like im going to have to submit it anyway as im going to resign, i can't see a way forward

 

One of the most frustrating things about my whole ordeal is that i've been trying to get legal advice through my union and four months on i am still being denied it. I guess being harrased, bullied, intimidated and not to mention being denied my rights according to the DDA for well over a year isn't that serious to them.

 

Makes me wonder why i bothered paying my subs when i could have saved them up and maybe i would have been able to afford some legal advice.

[hanzo]

Well, if you resign and don't have any income or savings, you should be able to get legal aid for a Solicitor to do at least the preliminary stages. If the case is complex enough you might even get legal aid for the full hearing.

[inline66]

Have you advised your employer that you believe that you suffer a disability in accordance with the DDA.

[gmail]

They knew of my disability well over a year ago, they also had occupational health reports over a year ago with advice regarding what would cause me problems and what would not.

The advice has been ignored numerous times by putting me on jobs that was advised for me not to do even though i always told them time and time again. It kinda chips away at you having to keep saying that you can't do X due to pain and difficulty even though they were fully aware, even more so when they take no notice and put me on the jobs anyway.

 

I never knew about the DDA until recently, this was after a breakdown at work and the doctor had signed me on the sick for work related stress/depression which i am still off for at present.

 

I had to go back to the occupational health and they said that their advice from the original report remains unchanged with regards to work. They also said that i am likely to be covered by the DDA.

 

This is when i looked into the DDA and i couldn't believe my eyes. If they had followed the act i wouldn't be in the position i am in now.

 

That's just part of what's been going on, there's a whole lot more

 

I'm annoyed with myself for allowing this to happen over such a long period of time, kidding myself that everything will be ok one day.

[gmail]

Is there anywhere that i can find examples of completed ET1 forms or pointers?

 

Can there be a massive difference with the outcome depending on how i fill it in?

I just don't want to make a mistake that would be in their favour because of my non existent experience with tribunals.

 

Looks like i'm on my own with this so need to do some speed swatting

[inline66]

It is not clear to me if your employer has been advised that you have a disability in accordance with the DDA.

 

Has the occupational health specialist actually advised your employer that you suffer a disability in accordance with the DDA and do you have that advise in writing. Alternatively have you written to your employer and advised them that you suffer a disability in accordance with the DDA.

 

You mention that your employer was advised "regarding what would cause me problems and what would not.". Were these day to day activities or work related activities.

 

When you complete the ET1 I advise

1. Write it as a story

2. Include each incident

3. Include time and date of each incident

4. For each incident include the way it made you feel

5. Include everything for which you want a remedy including everything you want compensation for

[gmail]

During a recent grievance meeting my employer said they were aware of my disability around Oct06 (witnessed) which i was surprised at as i was expecting them to say from the date of the occupational health report which was several months later.. Oct 06 is when i was finally diagnosed with my condition.

 

The advice from occupational health was regarding work activities but those activities are also day to day activities. I have copies of these reports.

 

Thanks again for your advice, it's all very appreciated