Sexual discrimination/equal pay issue

hedger

Pete111 wrote: »

You should still be able to appeal - If a letter came in on that basis from a recently redundant employee I would likelyhear the grievance (as if I didn't it may be held against the company at tribunal)

I agree it is usualy best to appeal and follow the full process but perhaps it's worth checking your best course of action with the union/lawyer first though? - This one is pretty convaluted!

P

Ur right there Pete - very convaluted! there are forms and letters everywhere
She just checked with the Union guy - he says def appeal the grievance replies and the company will have to arrange hearing(s)

BlueIsTheColour

Do any of these grievances relate to pre Apr 6th? If so, then yes it is necessary to appeal under the old statutory procedures. If they started afterwards, the modified grievance procedure was removed, and potentially you could go to ET, but just to show willing I would suggest appealing back to them and then the ball is in their court isn't it?

Have you considered using Acas' pre-claim concilliation service?

TheExpert

Any updates?

bendix

Obviously not

Which, I think, can lead us to the conclusion most of us had already come to.

hedger

the case is ongoing and will more than likely be going to tribunal - she has a final grievane appeal to attend shortly

another issue has now come up. my wife was interviewed for a new job and low and behold the new employer rang her ex-director for his reference (even tho she hadnt put him down as a referee) as they both knew each other from way back (how unlucky was that?). as expected the ex-director bad mouthed my wife and discussed her equal pay and unfair dismissal case at length with the new employer to try to get him to not offer her a job - can he do this?
the new employer rang my wife and asked her up for a chat as he had her offer of employment completed and ready to send prior to this phonecall. they met today and he listened to her side of the story. the new employer is considering now wat to do but tbh it doesnt look good.
my wife is very upset that not only has a guy cost her her job but will maybe prevent her from gettin another role!! :mad:

1984ReturnsForReal_2

You should of expected that.


See post #124

TheExpert

If you go have a number of issues with your employer, try to sue them into oblivion and cause numerous problems to them (regardless of whether the case is just), then you shouldn't be surprised to get negative references/feedback in the future. And remember that people within particular industries happen to know each other and talk.

The issues with legal action against your employer are not purely about how much money you can squeeze out of them. The issues are always going to be far reaching and you should have considered this in the first place.

Pete111

Hi Hedger - Afraid this was always a risk you were going to have to take if you wanted to pursue this. Ce la vie I'm afraid.

You wife has already given her side of the story to the potential employer so there is very little more you can do at this point. However, it is possible if she is rejected for the new role that this 'aside' could feasibly be used at tribunal to help demonstrate her current employers unresonableness (though as above it is tough to prove) . You would need to speak to your lawyer on whether this is a possibility however.

P

hedger

Pete111 wrote: »

Hi Hedger - Afraid this was always a risk you were going to have to take if you wanted to pursue this. Ce la vie I'm afraid.

You wife has already given her side of the story to the potential employer so there is very little more you can do at this point. However, it is possible if she is rejected for the new role that this 'aside' could feasibly be used at tribunal to help demonstrate her current employers unresonableness (though as above it is tough to prove) . You would need to speak to your lawyer on whether this is a possibility however.

P

hi pete. yes this was always gonna be a potential problem but its a risk we are prepared to take. what the ex director has now done and said is illegal (told blatant lies on a couple of issues) obviously thinkin the new employer wudnt repeat it and wud just send a dear john letter to my wife. the new employers HR guy cudnt believe wat he was hearing yday and jokingly commented they cud be star witnesses at any tribunal. after taking advice the tribunal will now include a "post employment victimisation" issue as the ex director has blatantly told lies to prevent my wife bein employed. we are waiting on word from the new employer on whether he is prepared to send the letter of offer

http://etclaims.co.uk/2008/07/bad-references-and-what-you-can-do-about-them/

Pete111

Thanks for the update/s Hedger - I guess if you are going to go to Tribunal, you may as well throw the kitchen sink at them!

Make sure you let us know the latest

P