Grievance upheld - what next?

[Elaine73]

I raised a grievance in March 2012, to cut a long story short, I found out I was pregnant and the person involved on the day that I announced it, took me into an office on my own, tried to put me on a performance plan, not only that but backdate it etc. He was very rude and said some really inappropriate things. I went off sick, I raised a grievance. The compant was going through redundancies at the time and i was called while on sick to say that I had been made redundant, the grievance was held up because there were so many people getting made redundant that there was no one apparantly to hear the case.

 

I have just been to the outcome meeting July 2012 and after all these months, I finally got my greivance upheld, though I had originally sighted discrimination, they have only upheld it as inappropriate behaviour, and said they would treat it really seriously, though the person in question now has a nice new job, and after being offered a demotion, i decided to continue with redundancy as I had then subsequently miscarried whilst off with stress. They cannot tell me what would happen to him, but there was talk of appropriate retraining. They told me they could not upheld discrimination as he had showed remorse and admitted that he had unintentionally acted inappropriately. So even though it has been upheld, i feel as if after all the months of waiting and pain and stress it caused me, that it will effectively be swept under the carpet with a slap on the wrist. I worked with a large worldwide bank. Any thoughts could I take them to tribuneral for damages ot to pursue discrimination?

[BankFodder]

Yes, it sounds like discrimination. Very much more serious for them than mere inappropriate behaviour.

Also, the fact that they have tried to dsiguise the discrimination is itself serious.

I would consider beginning an IT claim immediatly.

It sounds to me that not only is there an issue that you may have been dismissed for pregnancy, that you have been discriminated against at work, but also that the entire situation may have contributed to your miscarriage.

Begin the IT claim. Start seeing your doctor - tell him the whole story and see if he will support a claim that the stress contributed to the miscarriage

[Elaine73]

Thanks, that's so helpful, how easy is it to start an IT claim? do I need to get myself a solicitor etc.?

[Emmzzi]

remorse in no way means there was no discrimination!!

 

you could ask a no win no fee solicitor, or check if you have cover on your house insurance?

[BankFodder]

You don't need a solicitor - at the very least, not yet anyway as long as you are prepared to do some reading and to understand the issues. Thyis background preparartory work would help you anyway - even if you got professional help.

Start here - http://www.justice.gov.uk/tribunals/employment

 

You will neeed to get a form IT1, fill it out and fiole it ASAP. There are very striuict time limits for bringing claims.

 

You should also start writing a detailed statement of everything that happened to you. Write it over a series of days and update it as new things occur to you. You would need this even if you get a lawyer - and a lawyer would be very appreciative that you have done this already.

Visit doctors, get reports, tell your story, get support.

 

Read this also http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1080903255&type=RESOURCES

Search generally for dismissal while pregnant, redundancy while pregnant etc.

The more research, the more you will understand what else to look for.

You will find it all very interesting and motivating

[becky2585]

Hello

 

Firstly it's an ET1 claim form on the Employment Tribunal website - if you do bring a claim, that's how you will find what you need.

 

Secondly, I think you may struggle to bring an ET claim now due to time limits. If your employment ended in March (or even April), its unlikely you can argue a continuing act of discrimination to bring that claim, and you're out of time for an unfair dismissal claim too. You only have three months to bring a claim and ET's don't tend to extend the time limits.

 

It's unfortunate but I suspect the reason for delaying the process wasn't because they were "busy with redundancies" - but they were delaying past the limitation point so you couldn't bring a claim.

[Elaine73]

I am on Garden leave as there was a 4 months notice period, though I am still employed officially until the end of August, My actual role was made redundant so there were many people in the same role made redundant, and demotion etc. was offered I just chose not to after all that, so i suppose they could argue that alternative employment was offered.

 

I was looking at it more from the stress angle while I was pregnant then subsequently miscarried, time waiting to get it upheld etc, i just don't know if that's enough to make any sort of claim.