What to do now?

[BelayingTheLeader]

Edited March 29, 2010 by BelayingTheLeader
Spoken to a professional!

[R&J]

Hi,

 

Is your 'lawyer' actually a Solicitor? Whilst they cannot tell you what to do they should be able to give you enough information to make an informed decision.

 

The reason I ask is that there are a lot of companies out there offering Employment Law services. They claim to be Solicitors / Barristers, but on further investigation it often transpires that the people they employ to represent you have no formal legal qualifications, and have gained their 'expertise' by doing a short course in Employment Law. Obviously these people are not registered with the Solicitors Regulation Authority or Bar Council, they will have no insurance, and if they make a hash of your case you will have no real redress against them.

 

If you have used one of these companies I would strongly consider ditching them and getting a Solicitor on board.

Edited March 24, 2010 by R&J

[BelayingTheLeader]

8)

Edited March 29, 2010 by BelayingTheLeader
Spoken to a professional!

[R&J]

Only you can make the decision if to go back to work or not. No-one on this forum can make that for you, and since we don't know you we can't really advise.

 

I am also somewhat confused - you seem to state that you are still in Employment yet that you have been told it is too late to claim Constructive Dismissal. Given that you can only claim for dismissal once you are actually dismissed I don't really see how that works. Might also be worth noting here that there is no such claim as Constructive Dismissal, you resign and claim Unfair Dismissal, but that is just me being pedantic ;-). In any event 98% of people who run a Constructive Dismissal argument lose their cases, and it would be a very brave person to advise you to resign.

 

If you are signed off sick but have not resigned or been dismissed then you are technically still employed. If someone has advised you otherwise I would be interested to know on what basis.

[BelayingTheLeader]

I am still employed by the employer that have not provided my with workable reasonable adjustments.

 

I have bee advised that when an employer does not provide your reasonable adjustments, I could off resigned (in good time) and claimed constructive dismissal. Given that by not providing the recommended support my employer has made a serious breach of the employment contract. I did not resign after the grievance appeal outcome because, I was trying to sort out lawyers and was on full sick pay still. I could not afford to resign and then claim constructive dismissal.

 

But now they have halved the pay and I need to move on due to their lack of support and or advising an appropriate way forward i.e. make reasonable adjustments in full with training, gradual return to work etc.

 

Should, I make an attempt to return work so that if they were to refuse it would improve my ET case? They do not keep in regular contact with me and my point of contact with HR is the person who was involved in refusing my reasonable adjustments in the first place. When my employer investigated the grievance they could not be involved because allegedly they give the advise to my manager on what should be provided.

[R&J]

Check your PM inbox.

[BelayingTheLeader]

8)

Edited March 29, 2010 by BelayingTheLeader
Spoken to a professional!

[R&J]

This is often the problem with sole practitioners. I have used them in the past and it is very difficult to get hold of them.

[BelayingTheLeader]

8)

Edited March 29, 2010 by BelayingTheLeader
Spoken to a professional!

[R&J]

I am not dissing your Solicitor, but:

 

I instructed a sole practitoner on a fairly complicated matter. It eventually became apparent that he was completely out of his depth, he was missing deadlines to file papers and all sorts.

 

Eventually had to instruct a firm to sort out the mess he created, paying more money in the process.

 

I reiterate my original point, your Solicitor should be giving you advice in this matter.

[honeybee13]

Hello there. I apologise if I missed something in your thread, but have you looked at the ACAS website or rung their confidential helpline? They may have some pointers for you.

 

HB

[BelayingTheLeader]

8)

Edited March 29, 2010 by BelayingTheLeader
Spoken to a professional!