Advice Needed

[bonnygirl]

Hi everyone, I have a bit of a problem in helping someone else about their employment. This person had lots of problems at work. He got an injury at work as well as many other issues as well.

 

If he puts in a grievance to his employer will it mean that he has to wait for that to be that process to be finished before he can go to ET. If this is the case then the 3 months will be up since the last incident at work took place and I am not sure if he can then go to tribunal.

 

.

[Sidewinder]

The key thing is to get the ET1 in within the deadline. Any grievance procedure can be ongoing as the ET1 can be withdrawn later if needs be - so, get the ET1 submitted, even though the grievance hasn't yet been dealt with.

[bonnygirl]

Thanks Siderwider for reply, also he had an accident at work would the ET be the best place to deal with that as well or perhaps in court.

[Sidewinder]

No - the ET would have no jurisdiction, so look at a PI claim for that. I hate to say it but a NWNF outfit is probably best, but research them first and look for one with good testimonials. Just make sure that the accident was clearly documented, relevant authorities notified etc, witness details retained etc.

[bonnygirl]

Thanks again Siderwider. There is also discrimination, victimization and breach of equality act involved as well, would that be consider at court as well. He would not want to go to court as well as ET. Also should he put in a grievance to his employer? The last incident at work was 10 weeks ago as he company would not give him any training, One of the witness that was there at the time of the accident has left his company now as the accident happened last year, the accident was reported at the time at work, there is one other person and is still at the company that was there at time of accident but she is a manager therefore I do not think she would inclined to be a witness for him. As well as his injuries from the accident he also has injuries due to his company not making adjustment for him at work.

[CONCILLIATOR]

Bonnygirl,

 

You do not say whether or not your friend is still in his job. If his employment ended, why, when and how was this done?

 

If he is still working then he should list his grievances and lodge them according to recognised procedures. If his written statement of terms and conditions of employment don't show a procedure for dealing with grievances then the ACAS Codes of Practice are the standard guide.

 

ET usually require that internal grievance procedures are exhausted before they take it on, for obvious reasons.

 

I believe the 3 month time limit begins from the date that the internal procedures have been exhausted or break down. Perhaps Sidewinder could confirm the veracity of this point.

[becky2585]

 

ET usually require that internal grievance procedures are exhausted before they take it on, for obvious reasons.

 

I believe the 3 month time limit begins from the date that the internal procedures have been exhausted or break down. Perhaps Sidewinder could confirm the veracity of this point.

 

This is partially correct. It depends on the claims involved. If, for example, the OP's friend were pursuing a claim for unfair or constructive dismissal after the termination of his employment, the company could draw out any grievance/internal appeal past the three month deadline, and this would not be seen to be sufficient reasoning to extend the time limits in the Tribunal. However, if the claim was for constructive dismissal and he did not resign until the resolution of the grievance, a failure to adequately deal with a grievance which relates to allegations of discrimination or victimisation could be seen as the last straw, or last in a continuing act of discrimination, which would start a fresh three month period.

 

Bonnygirl - your friend could struggle to explain why he had worked under what he considers to be a breach of contract for ten weeks before raising a grievance, though. Was he off sick for any of this time?

Edited November 3, 2011 by becky2585

[bonnygirl]

Thanks again for helpful replies, Concilliator he is still in work but off with injuries recieved at work mainly now due to employer not making adjustments for him. He has written to his employer many times about making adjustments as well as GP but none has been done for him. Employer says that they will do adjustments but when he turns up at work things stay the same.

 

Becky2585 he now does not want to return to his employer, they have been pushing him to leave by way they have been totally unreasonable towards him. He had an accident there and manager could not care less about it. He wants to combine personal injury regarding accident as well as injury for not making adjustments plus discrimination and victimisations. He wants to do it and get it over with as he is not well and does not want to drag it out with an injury case and ET claim.

[becky2585]

Hi bonnygirl,

 

Unfortunately the two claims have to be brought separately as one is a county court claim and the other is an Employment Tribunal claim. He won't be able to bring both claims together in either forum.

 

If he wants to claim for victimisation, reasonable adjustments and discrimination, he would have to show that he had a) been discriminated against on the grounds of a "protected characteristic", and b) (for victimisation) to show that he had done a protected act and had suffered a detriment as a result.

 

I presume in this case you are arguing for disability discrimination & victimisation. To show that he is disabled for the purpose of the Equality Act, generally a Tribunal will need to see that the effect on his health has lasted over a year, and has a substantial adverse affect on his ability to carry out his daily activities.

 

He could still have a potential victimisation claim if he has suffered a detriment for attempting to assert a statutory right, however. If he does not wish to go back to work, he would be looking at combining the claim with a Constructive Dismissal claim (which is a claim brought in the Employment Tribunal). These are notoriously difficult claims to win, however.

[bonnygirl]

Thanks everyone for replies. He does have a disability and on his last GP note it said that he may be able to retune to work provided adjustments are carried out for him.

 

He also wrote to them pointing out that they have all the information required for the adjustments after he received the first letter from manager saying that she knew nothing about adjustments needed for him, can you believe it. However, his manager still sent him another letter saying that basically the same things ie wants to see him about his current state of health, his possible retune to work and support required to achieve this in accordance with his medical certificates which state that he is fit for work with restrictions. They will not send him back to their OH despite his GP asking for this, maybe this is because he had been 3 years ago and they were informed then to do adjustments but again the ignored it also OH confirmed that he had underlying ill health.

 

They have set a date so for his next meeting later in the week, but they have chosen to ignore AtW report and recommendations, What he wants from his employer is for them to put it in writing that they will be carrying out adjustments as before he had meetings and they said 'yes' we will do this for you, but when he is at work everything stays the same. That is why he is reluctant to trust them again.

 

He is still receiving letters from them asking what he needs from them. What should he do now, go to the meeting and see what they will do for him by way of adjustments. He has lost trust in them, I think he should not resign as that is what they want him to do.

Edited November 13, 2011 by bonnygirl

[bonnygirl]

Need help in working the last day to submit an ET1 for my friend, last incident at work was on 2nd September, does that make the 1st December the last day for sunbmitted an ET1 to be submitted.

[becky2585]

Yes, providing he can show that there was a series of continuing acts of discrimination. It is highly likely that the Respondent would argue any acts preceding this would be time barred, although this is just a tactical point.

[bonnygirl]

Yes, providing he can show that there was a series of continuing acts of discrimination. It is highly likely that the Respondent would argue any acts preceding this would be time barred, although this is just a tactical point.

Thanks Becky for such a quick reply, he has been in correspondence with them to get confirmation that they will make adjustments for him but they refuse to say that they will. Wonder will that be allowed to give him a bit more time.

 

Also are weekend taken into account.

[Marieleeza]

Thanks Becky for such a quick reply, he has been in correspondence with them to get confirmation that they will make adjustments for him but they refuse to say that they will. Wonder will that be allowed to give him a bit more time.

 

Also are weekend taken into account.

No weekends are not taken into account. I think it dangerous to delay past DEC 1st. The question of adjustments is still not resolved so you can argue that it is a current and ongoing situation.

[bonnygirl]

No weekends are not taken into account. I think it dangerous to delay past DEC 1st. The question of adjustments is still not resolved so you can argue that it is a current and ongoing situation.

 

Many thanks Marielezza , he works every second saturday which is one of his working days, but the last day of incident was on a friday therefore could not go into work on Saturday. Hopefully they will accept that it is an ongoing situation awaiting confirmation that changes will made for him.