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eli mac

What is an acceptable time for a grievance to be conducted?

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I wonder if anyone had any thoughts on the following:

When employed, I raised some serious matters with my employers in regard to contraventions of data protection, regulatory breaches and potential fraud. Over many months, they ignored theses issues and ....then called me to a disciplinary meeting.

I was not suspended at this point and continued to work - despite the fact that they alleged 9 counts of potential gross misconduct.

I immediately raised a grievance and at the same time took my complaints to the regulators - they are still investigating the issues.

The Grievance was lodged in November 2009 - and has only just been concluded ... with 'nothing to uphold' in their view!

 

Meantime, I was made redundant in March 2010 - following a 10 day 'consultation' process ...

I am now taking this to ET - with Whistle blowing as cause for their actions, coupled with unfair dismissal.

The case has been set down for 4 weeks next year - and a part of my case is that my former employers did not follow their own procedures in regard to the whistle blowing - nor did they have a grievance policy in place - and took almost 9 months to conclude this.

I have all of the documentation to prove everything I have said - and what they did not do when asked - my paper trail is excellent.

 

The disciplinary action raised against me was suspended until the outcome of the Grievance - but then negated by the Redundancy.

How will an ET view this - what chances do I have?

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Hi eli mac............... Well done. My wife and I have just finished a grievance and ET case. The grievance took 2 years from beginning to end and 3 years if you add on the ET case. Our evidence was very good too and was listed for 3 weeks, so to get a 4 week listing you must have worked really hard to get to where you are now. Needless to say you will not give up now that you have done so much.

 

Can't really answer the question as to how the ET will view this. Was the redundancy done because you raised the grievance ie an excuse and not a real redundancy? If it was so then I can't see the ET being very forgiving it is akin to victimisation.

 

The ex employer now has a big decision to make, how to shut you up. The fact you have made your case public by grieving it to a ET, once the evidence starts to be given it can be reported on. That is one thing they will not want to do so they have to try and 'pay you off.' Expect them to take you all the way into court before making offers. They will wriggle and wriggle but as long as you have securely got them on the hook their only option is to compensate you. They will want you to sign a compromise agreement to gag you.

 

Is it a private company, PLC or government organisation? Not that it makes much difference if they are covering up fraudulent activity they should be exposed.

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Hi Papsmurf,

It was charity I worked for - which is what makes all of this worse! I believe the redundancy was an excuse to get rid of me after I raised the grievance and reminded them about the whistle -blowing issues - again.Some other former colleagues have also raised ET's and are pursuing their cases on unfair dismissal resulting from a fabricated redundancy.Conjoining the cases needs to be decided at the next CMD. Did you get much support when going through your case? Did you get legal aid?

I would be grateful for any help....

Eli mac

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Joining the other cases together seems like a good idea. The ET will get a fuller view of it all.

 

Support.......... don't make me laugh!!!!!!!!! They made my wife ill and she was retired on ill health. We were fighting a disability discrimination issue, I am wheelchair bound after a RTA. No legal aid. Although we had the foresight to ensure we had legal expenses cover.... which I try and get everyone to get, at £20 to £30 pa it is worth having the peace of mind.

 

Are you paying for the solicitor? I will try and help you as best I can, but I am not a solicitor!!! What I have found out about solicitors ... they don't always give you the right advice and never suggest to you what you should do, they always "take your instructions" and no more. They will not come off the fence until they have to by law and that is normally when money is on the table.

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Oh I meant to say also if these people are Trustees of the charity I assume you know a complaint to the Charity Commission to say these people are not fit to be Trustees could be made. Oh and you don't live in the Uxbridge area? Only I was writing to a lady on another forum about her problems with a charity.

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Hi Papasmurf,

I am paying for a solicitor on my own - not easy when you have no income! I recently changed legal firms when I discovered that my previous one had missed several key step and important issues. My solicitor has been really good and I feel very confident in him - I just like to know other views before I go into something and to know what the best position is from those who have been through some of this themselves.

Any help from anyone will be appreciated.

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They are Trustees and I have already lodged a complaint with the Charity Commission - although I have also had to remind them about this after it was lodged 7 months ago and nothing was done! I am on the other side of the country - it seems to be endemic in charities!

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