Tribunal reason

KiKi

kerryoldham wrote: »

Thanks. Is the fact that they fail to adhere to their own policies, eg refusing to hear a grievance when they have no grounds for refusal, failing to treat employees equally, etc not breach of contract and therefore covered under employment legislation/law?

It all sounds a bit vague to me. Have they actually failed to treat employees equally, or does it just feel unfair? Because they're not the same thing.

Letting another employee take AL but not you is not unlawful, even if you don't like it.

They may have good reasons for not doing other things, or policies may be misunderstood etc.

You need to provide actual specifics of situations with some detail if you want anyone to determine if they have breached your contract or acted unlawfully.

TBH, it sounds like you just want some sort of revenge for being a crap employer rather than you have a specific issue which requires a resolution. You have a new job and are happy - move on.

KiKi

kerryoldham

KiKi wrote: »

Breach of contract doesn't have to go hand in hand with constructive dismissal at all.

However, I'm not really sure what you want to achieve. Do you just think they're crap to work for? Or did they actually breach one of your contractual terms and conditions? Unless you've lost out somewhere and want compensation I'm not sure what the purpose of going to ET is, and what a stressful, waste of time it will be.

KiKi

Thanks, I'm not really sure what I want to achieve either. In answer to your query, yes in the end they were really crap to work for although I was very happy there for 8 years. Unfortunately, new senior managers that came in just thought they could do whatever they wanted with no recourse whatsoever (and it seems they can as they simply bat away any challenges). All policies form the basis of our employment contracts so I believe that failure to adhere to those policies is a subsequent breach of contractual terms

In a way, I have lost out because although I'm going to another job with a comparable salary, I will lose flexi time, weekend overtime rates and will be travelling a greater distance (so more petrol costs).

However, I'm not interested in monetary gain at all, I would just love those senior managers to have some awkward quesions to answer about why they think they can ignore legitimate grievances, etc

That probably makes me sound really bitter and I admit that I am a bit.

Thanks to everyone who has replied

KiKi

kerryoldham wrote: »

I would just love those senior managers to have some awkward quesions to answer about why they think they can ignore legitimate grievances, etc

Wouldn't we all!! Unfortunately that's not what a tribunal will do. What they will want from you is evidence as to how they company have broken the law and the consequences for you.

I don't have experience of tribunals like others on here, but the process is stressful, long, horrible to go through and for the sake of just bringing the company down a peg or two really isn't worth it, esp if you're not sure what you want to achieve. You need to have a specific complaint / set of complaints which are legitimate and where the company have acted unlawfully.

I don't blame you for wanting to do it, though!
KiKi

kerryoldham

KiKi wrote: »

TBH, it sounds like you just want some sort of revenge for being a crap employer rather than you have a specific issue which requires a resolution. You have a new job and are happy - move on.

KiKi

Thanks, you're right about the revenge part but I think I have quite a few specifics to prove breach of contract.

I think I'll mull over it for a few days and come back for further advice if needed.

ILW

Which terms of your contract were breached? I can see none from what you have said.

kerryoldham

ILW wrote: »

Which terms of your contract were breached? I can see none from what you have said.

It's written into my contract that employer/employees will adhere to all of the organisations policies and procedures.

As an employee, I raised a legitimate grievance which our policy states should be heard within a specific period of time. However, this grievance was simply never responded to and, despite a number of attempts at escalating it, I got nowhere.

ILW

kerryoldham wrote: »

It's written into my contract that employer/employees will adhere to all of the organisations policies and procedures.

As an employee, I raised a legitimate grievance which our policy states should be heard within a specific period of time. However, this grievance was simply never responded to and, despite a number of attempts at escalating it, I got nowhere.

If that is it, I think you would be wasting your time.

jen_br

but im sure it also states in your contract you can and will be moved around as they deem fit no?

atilla

ILW wrote: »

If that is it, I think you would be wasting your time.

And everyone else's.

Now's the time to be positive and look forward to the new job. Not carry unwanted baggage of bitter resentment into it.

Notmyrealname

kerryoldham wrote: »

failing to treat employees equally

There is no legal right to be treated equally as long as the reasons aren't discrimination on the grounds of sex, race, age, religion.