Potential ET, time and claim limit

[live life be happy]

Hi

 

I'll try and keep this short and sweet. It's the follow on to my last topics where I had a meeting with the director of HR. I'll soon be coming up to the 12 week (minus a day) to file ET1.

 

After recording the appeal meeting, I contacted the Director informing them firstly that there minutes are not correct - I was told that was not the case, so basically tough and then the outcome came. Once I had the outcome I tried to make a formal complaint that they had been untruthful, misleading and inaccurate. Now as the recording and previous emails has them ignoring my request for reasonable amendments/adjustments - I'm registered with both mental and physical disabilities. It also has them admitting that my appeal won't be succesful along with other admissions including me mentioning breaches of trust and confidence and them agreeing. In the meeting, they would not allow me to raise any previous points or mention new points. They were pretty arrogant to say the least.

 

I've been told that this is the end of the matter and they will not allow me to make any complaints or grievances AND have blocked my emails from getting to them.

 

I've just spoken to ACAS who inform me I shouldn't fill out ET1 unless I resign. Can I not fill out ET1 stating disability discrimination (failing to make reasonable adjustments) and listing the breach of trust and confidence points I have? They have said that if I do get dismissed for incapablity and if the ET want to take my above points on board they will BUT don't have to within a time limit. I'm worried that if it gets past the time limit my above ET points to claim will no longer be vaild.

[lbruk]

Dont allow the time limit to go by.

 

Yes you can file an ET1 when still in employment.

[Browncow]

Hi

 

I'll try and keep this short and sweet. It's the follow on to my last topics where I had a meeting with the director of HR. I'll soon be coming up to the 12 week (minus a day) to file ET1.

 

After recording the appeal meeting, I contacted the Director informing them firstly that there minutes are not correct - I was told that was not the case, so basically tough and then the outcome came. Once I had the outcome I tried to make a formal complaint that they had been untruthful, misleading and inaccurate. Now as the recording and previous emails has them ignoring my request for reasonable amendments/adjustments - I'm registered with both mental and physical disabilities. It also has them admitting that my appeal won't be succesful along with other admissions including me mentioning breaches of trust and confidence and them agreeing. In the meeting, they would not allow me to raise any previous points or mention new points. They were pretty arrogant to say the least.

 

I've been told that this is the end of the matter and they will not allow me to make any complaints or grievances AND have blocked my emails from getting to them.

 

I've just spoken to ACAS who inform me I shouldn't fill out ET1 unless I resign. Can I not fill out ET1 stating disability discrimination (failing to make reasonable adjustments) and listing the breach of trust and confidence points I have? They have said that if I do get dismissed for incapablity and if the ET want to take my above points on board they will BUT don't have to within a time limit. I'm worried that if it gets past the time limit my above ET points to claim will no longer be vaild.

 

I agree do not let the time limit go by. I have some handy wording provided by my former solicitor which would allow you to tick the relevant boxes and state that you are making a claim for disability discrimination and failure to make reasonable adjustments but will provide the details later.

 

If you use the wording, you get 14 days from the date of lodgement to provide the details of claim and the Respondent gets 28 days from the date you provide details to reply.

 

As you are still employed this might be a more strategic and less antagonising approach? Let me know if you need the wording for the "details later" ET claim.

[live life be happy]

Hi, thanks for your quick replies.

 

I always get mixed advice from ACAS and each time they tell you different things

 

Now to resume the form filling, this is going to be fun. I know I have to try and keep it short and sweet but I fear that will be difficult .....

[lbruk]

Keep it factual and in bullet points, try not to expand on the points but make sure that you put in the point that lead up tot he events, but dont put too much detail! Thats what your statement will be for.

[becky2585]

Just be aware that the time limit is three months, not 12 weeks.

 

So if your claim is based on an incident occurring on (for example) May 5th, you'd have until August 4th (3 months) to submit a claim, rather than July 28th, which would be 12 weeks.

[live life be happy]

ET1 submitted, acknowledged and assigned a case number.

 

I presume they have sent my employers a copy as they have now sent me 3 letters. The odd thing is the letters are dated 7 days ago but delivered and post marked yesterday. There trying to make it look like they sent them before I submitted ET1.

 

One is a meeting for possible gross miscounduct. Second is for a meeting for possible capability dismissal. Third one stating that if I want make a formal grievance I have to do it formally within their procedure. - I've already done that and they refused to hear it

 

To date they have failed to reply/complete both a SAR and disability questionaire that was sent some months ago. Should I do anything to chase them up?

 

My employers have now blocked my email address, so I can no longer communicate how I have been in the last 8 months.....

[lbruk]

Thats fine,

 

Just keep the envelopes and the letters, you want to be communicating by post now anyway to keep it official. Send them a reminder about the SAR, failure to complete the questionnaire will look unfavorably to the tribunal.

 

Keep going as you are, everything seems fine at the moment.

[live life be happy]

Should I send a written reply to their letters as the meetings are due to take place today.

[live life be happy]

Hi, can anyone advise me if I need to either reply or attend any meeting that they now propose and would it look bad for me if I chose to now ignore them. Bearing in mind they have demonstrated that they can't fairly conduct any meeting.

[live life be happy]

A quick update:-

 

Employers asked me to attend meetings without informing me of any dates. I chased this up but on the ET3 recieved they claim I didn't attend them. They claim to have sent me recorded delivery letters and emails but I received nothing .....

 

I have recieved the ET3 from there solicitor which is very lengthy and far from correct with information, timings, etc.

 

It states that my claim is time barred, the ET does not have jurastriction, inaccurate and should be struck out.

My claim of disclosure was not made in good faith, no disclosure of information, lack of reasonable belief and no detriment - I'm not sure about the disclosure but I wanted to submit it with the 3 month limit.

 

They have asked for proof of any loss suffered, prove disability, prove any injury to any injury to feelings, submit any award at lowest level Vento v's Chief Constable of West Yorkshire and requested costs be awarded.

 

The ET have sent me a form under s6 Equailty act 2010 stating the respondant does not accept I am a disabled person and attached a form for a qualified medical practioneer to fill in and to provide a copy to the respondant within an specified time limit. It then states they have 21 days to either agree or disagree and to why.

 

I guess the headache is just beginning.

 

Admin, any chance you could merge my threads to avoid confusion of why I'm claiming, pretty please

http://www.consumeractiongroup.co.uk/forum/showthread.php?360925-Attending-grievance-disciplinary-meetings-at-work&p=3936501#post3936501

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?338214-Been-accompanied-in-grievance-meetings-question.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?334233-Grievance-procedure&p=3711538#post3711538

 

 

I have started doing my statement in bullet points on how the events unfolded to give a clearer more accurate picture but need to get over this hurdle first.

 

I presume I go to my GP and ask him to fill the form out for the ET judge, copy it and then send it to the ET and respondants?

[live life be happy]

A quick update.

 

I've supplied the medical report and personal statement requested for the ET to assess both my report and statement before any PHR or other talks. I've not heard anything yet so can I presume at this stage that the ET are considering if I have a disability?

 

Also could my previous posts be merged so if there is any useful further information available, people will know what the claim is about?

[honeybee13]

Hello there.

 

If you post up a link to the posts you're referring to, I'll try to sort it later on.

 

My best, HB