Need some advice regarding ACAS

doobiesis_2

I have been told by ACAS That they're willing to take my case on for a tribunal but they can't work out what Statutory Rights my former employers have broken, I explained that I wasn't a solicitor and wouldn't know, but he said they can not tell me it's up to me to find out.

I have another thread on here stating everything that happened I'd be most appreciative if someone who knows about employment law etc could cast their eye over my two threads and give me some light. Seems silly I've got this far and it'll all be stopped.

http://forums.moneysavingexpert.com/showthread.html?t=2154293&highlight=
http://forums.moneysavingexpert.com/showthread.html?t=2269111&highlight=

jdturk

probably a duty of care against harrasment etc

doobiesis_2

He said that was not a Statutory Right, which is required by them to continue with the claim.

midnight_ninja

It would be discrimination - under the sex discrimination act 1975 - harassment - when A engages in conduct which is unwanted by B which has the purpose or effect of violating Bs integrity or creating degrading, hostile humiliation or offensive environment. You may also mention unfair dismissal as they didnt even bother to try and make the situation better edit sorry if its a statutory it would have to be unfair dismissal , the discrimination is a separate category

WeakHeart

Do you have any insurance policies like home contents with a legal helpline? Lots of people forget about these but it's worth checking because it gives you quick access to an expert.

doobiesis_2

I'll check my insurance cover, cheers

WeakHeart

Oh good, worth checking as you would be able to speak with a lawyer. If you have legal expenses cover as an optional extra you could make a claim to be represented. It's a complicated area as you can't go to a tribunal directly over bullying. Guess you are going for constructive dismissal? I can't post links but if you put "workplace bullying, laws relevant to bullying, legal action" you should find a site that lists the relevant laws that could apply. Also worth reading "bullying in the workplace" on the directgov website.

Found this on the internet: "Workplace bullying will often involve a breach of an implied term and condition of employment, most obviously the mutual obligation of trust and confidence. This includes the obligation not to be humiliated, intimidated or degraded, failure to be treated with dignity and consideration and failure to deal with employees' complaints and treat them with sufficient gravity.

Failure to provide reasonable support to enable a worker to carry out his duties without disruption or harassment from fellow workers will also be a breach of the implied term of trust and confidence. Other relevant implied terms will be the obligation to provide a safe work place and safe and competent colleagues.

The principles of constructive and unfair dismissal apply to workplace bullying. The bullying must amount to a breach of contract and the breach must be sufficiently serious to justify the employee resigning either for a one-off act or the last in a series of incidents.

The employee must leave in response to the breach and must not delay too long or may be deemed to have waived the breach".

doobiesis_2

LOL I put that into google and found this thread - I can't get them for Constructive Dismissal as I've not been there a year. But will look over links I found and hopefully find exactly what I'm looking for. Cheers.

WeakHeart

LOL.

Didn't realise that you had been there less than a year. It'll be limited what you can claim for with an ET then. However if ACAS feel you have a case keep going, remember to check your insurance and keep us all up to date.