Tribunal reason

Notmyrealname

kerryoldham wrote: »

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

And this abuse of ETs with people using them out of malice rather than any legal reason is the reason legal aid is going to be no longer going to be available to people going to tribunal and that complainants will now have to pay.

SarEl

Notmyrealname wrote: »

And this abuse of ETs with people using them out of malice rather than any legal reason is the reason legal aid is going to be no longer going to be available to people going to tribunal and that complainants will now have to pay.

Legal Aid hasn't been available for tribunal claimants for a very long time.

But this aside, I agree with the sentiment.

OP - no matter what it says about abiding by policies and procedures in your contract, an alleged failure to do so by the employer is not breach of contract in law unless there is a jurisdiction for the court and a quantifiable loss. You are making it sound like a principled stand on your part, and it isn't - it's petty revenge and malice for assumed slights. Principles are priinciples all the time, not when you have conveniently found another job, and if these things actually mattered all that much to you at all, then you would have been submitting grievances and making waves and standing up for the principles the whole time. This trail of your grievances and making waves being one of the first things the tribunal will be looking for as evidence, if you could even substantiate a claim - which nothing you have said here suggests that you can substantiate anything in law. And, of course, then assuming that your complaints are in time to be made - three months less a day of the action of which you are complaining.

The reality of what you will find is that if this matter gets as far as a CMD it is entirely likely that instead of your former managers having to answer awkward questions, you will find yourself facing a roasting by the judge for wasting their time, a deposit order to go any further, and an application for costs against you by the employer - which unless you can come up with something more substantive than you have here is entirely likley to succeed.

Courts are not places to play out petty revenge dramas, and people who play with fire get burned. You are playing with fire. And that is just in terms of the tribunal. That aside, do you really think that you are untouchable simply because you have left that employment? If you do, then you are naive. How hard do you think an off the record - or even on the record - phone call to your new employer would be? Are you quite positive that they will be sanguine about it all? Because you will require two years employment in this job to gain the right to claim unfair dismissal, and if they aren't sanguine about the prospects of having a litigatious employee who may do the same thing to them, then they can simply drop you like a hot potato. Don't think it doesn't happen, because it does.

SandC

I agree. You have no grounds. If you had a grievance that really mattered then you hammer away at them to deal with the grievance, you write to them, keep notes etc. and eventually something like that could result in you leaving and bringing in constructive dismissal action due to their failure to do anything about the grievance - in essence it became untenable to continue working for them because they refused to do anything about your problem.

In reality, you didn't fight hard enough while you were there. You will get nowhere bringing things up after the event. Employers have to follow employment laws but you as an employee have to follow procedures in order to have a case against them.

As for breach of contract, unless a contract specifically states certain policies then you will have trouble proving that anything has been breached. Your annual leave request, for example. They said you couldn't have a day off because you were needed there but then allowed another member of staff to have that day off. That is not a breach of contract. Your contract will probably not state much, but will refer to the company terms and conditions which will probably state that hols are granted according to company needs.

I would advise just to move on, many of us have had some cruddy experiences with ex employers. You have managed to move on pretty much unscathed. They lost a good employee, someone else has gained one. Head up high, remember your worth and let go of negativity as it hurts nobody but you. But many of us on here do understand, really.

Sambucus_Nigra

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.

All they would have to prove in court is that they were unable to for some reason. Or that in your contract the issue pertaining to your grievance was also written into your contract.

You need to learn the difference between moving on because they are crap; to instigating a tribunal claim because they have acted in a fashion that warrants it. If we all took ex employers to a tribunal because of behaviour like this; nobody would get any work done.