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Raising a grievance

greenflamingo_2
Posts: 128 Forumite
Perhaps someone can advise on this one as I am quite confused?
I was made redundant on 31st Jan but had raised a grievance on 12 Jan re. bullying, vitimisation, discrimation etc. I asked my the grievance to be viewed as an independent grievance and also as a grievance relating to why I was selected for redundancy. There was a brief discussion in a mtg with HR mgr on 15 Jan who said the items in the grievance hadnt contributed to my selection, but no real resolution or explanation or any conclusion to my complaint.
On 31st Jan I was made redundant after the appeal ( was told the grievance would be dealt with separately) and received a letter saying my appeal had failed. Last week I was asked to submit emails which provided proof of my grievance which I did and have been told that I will be required to attend a prelim meeting next week. However, I am aware that I only have to give the company 28 days before submitting the evidence to my union's solicitors. I have given the company far more than is required.
In that 28 days does the company have to just acknowledge the grievance
or does the company have to have resolved it by then?
I have a feeling they are dragging their feet and trying to delay matters but I have been told by my union rep that you cannot lodge an Employment Tribunal claim after April and it has to go through ACAS but this does not apply to me as I have already started my grievance. I am concerned I will run out of time to lodge the claim but dont want to look as though I havent given my ex employer time to investigate.
Should I now give the company more time or submit the papers anyway?
I was made redundant on 31st Jan but had raised a grievance on 12 Jan re. bullying, vitimisation, discrimation etc. I asked my the grievance to be viewed as an independent grievance and also as a grievance relating to why I was selected for redundancy. There was a brief discussion in a mtg with HR mgr on 15 Jan who said the items in the grievance hadnt contributed to my selection, but no real resolution or explanation or any conclusion to my complaint.
On 31st Jan I was made redundant after the appeal ( was told the grievance would be dealt with separately) and received a letter saying my appeal had failed. Last week I was asked to submit emails which provided proof of my grievance which I did and have been told that I will be required to attend a prelim meeting next week. However, I am aware that I only have to give the company 28 days before submitting the evidence to my union's solicitors. I have given the company far more than is required.
In that 28 days does the company have to just acknowledge the grievance
or does the company have to have resolved it by then?
I have a feeling they are dragging their feet and trying to delay matters but I have been told by my union rep that you cannot lodge an Employment Tribunal claim after April and it has to go through ACAS but this does not apply to me as I have already started my grievance. I am concerned I will run out of time to lodge the claim but dont want to look as though I havent given my ex employer time to investigate.
Should I now give the company more time or submit the papers anyway?
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Comments
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Thanks Toots
Yes I did use the bullying claim but I was told by the MD that this was being looked at separately by the HR Manager. I guess that they looked at this after our meeting and then decided to throw out my appeal.
I am a bit clearer now about what is required so will do as you suggest and get the papers off to the union solicitors (wish my rep had told me properly what you have said but never mind).
Thanks0 -
Hi Toots
It is a very complicated case involving bullying, victimisation, harrassment, trade union membership, pregnancy etc. all resulting in what I consider to be unfair selection for redundancy. The union solicitor wants all the paperwork (i.e. emails, letters etc. between myself and the company, grievances raised etc.) so that they can see if I have a case for submission to an E.T.
I am hoping they can make sense of it all and see what case I have got.
I have also got some confidential papers which were mistakenly sent to me which the company do not know about but may have a bearing on my case. They do prove that some lies have been told by my ex employer. However, as my partner works there I am reluctant to let them know that I have these as there could be repercussions for him also. Do I have to mention I have these to my ex employer or can I just submit them to the union solicitors? What do you think?0 -
Not that I am an expert or anything but....
When were you informed of potential redundancy?
When did you officially get the consultation process letter?
When did you first officially inform the company of your grievance?
When did you start work with the company?Not Again0 -
Thanks Toots
your post has cheered me up. It is bad enough losing your job but all the stress and hassle of fighting for your rights is really quite depressing and does take a toll despite trying to put on a brave face. No my partner is not involved in anything to do with my problem but is worried pressure will be put on him to "persuade" me to drop any ET claim if they found out I had these documents.
Thanks 1984*****
I was informed about redundancies in October. Consultation meetings were in mid December. I raised my grievance early December re bullying but also made it quite clear later that it should also be taken into account re. my selection for redundancy along with the pregnancy. Made redundant 31st Jan (after birth of baby). Appealed on grounds of bullying and pregnancy. Appeal dismissed by M.D. after meeting. Been employed there for 15 years. I was not a problem employee but did believe in people being treated fairly and rewarded for effort - this was not always popular with management though!
I am going out of my way to be agreeable and helpful with the company but not getting the same back but hoping this will be appreciated by E,T, Chairman.0 -
Were you on matt leave when made redundant?0
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Hi Blue
Yes - and was robbed of 20 weeks of full contractual maternity pay (which was basically 20 weeks full wages).0 -
Would say its def worth contacting an empoyment lawyer and explaining exactly whats happened, as a lady on matt leave is mega mega protected from redundancy etc and companies have to be sooooo careful when making them redundant.
Look on employment tribunals website and file your ET1, could be grounds for sex discrim amongst unfair dismissal too, but you only have 3 month time limit from date of detriment taking place so careful of that. Acas only get involved after form is filed, they will then try and conciliate between the two of you to prevent it actually going to hearing.
Just re-read your posts, get to that union solicitor pretty damn sharp and kick their sorry asses! If anything detrimental happened to your OH as a result, am fairly sure he would have pretty good claim too!
Good luck with it all0
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