When to submit ET1?

GlasweJen

I officially left my old job on 23rd March after 13 weeks of sickness. The sickness came about as reasonable adjustments that were in place were withdrawn by a new manager as my old company had been taken over (independent opticians bought out by a large optical chain).

I had "fit to work" notes from August stipulating the reasonable adjustments that were removed put back into place plus a change of hours. This was not followed so I filed a grievance which took 8 weeks to be heard and then a further 6 weeks for the outcome - which was sent the day after I was signed off.

I submitted an appeal of the grievance in January (it was partially upheld but my employer didn't answer the whole problem) and this was not acknowledged until I handed in my notice in February when I was asked if I wished for the appeal to be heard under the grievance policy.

Another month later and a date is set for the meeting but it's a day I'm working. I emailed HR with all of my days off for the next 6 weeks and they say that the grievance manager is not available on any of those dates.

Now I wasn't aware that the company even had a grievance manager, the original meeting was HR, my regional manager and me.

In my appeal I submitted more evidence of what was going on and have examples of ongoing behaviours between the date of the grievance meeting and the date I was signed off sick. I have since found out that the manager in question has been sacked and apparently was blaming me for losing his job on Facebook.

I'm worried that the company are trying to cover their tracks by getting rid of the manager and delaying my grievance meeting until its out of time. My regional manager and one of the HR people who were in the meeting have also "moved on" and the optom who I worked under has been transferred to a branch up north.

My ET claim is for unlawful deductions from statutory sick pay, constructive dismissal and disability discrimination.

ValHaller

Don't faff around while they faff you around. May be drop them a letter stating that regardless of whether the grievance is still in process you may put the matter to the employment tribunal in order to meet the deadline.

mariefab

Employment tribunals don't have jurisdiction to entertain a claim for unlawful deductions from statutory sick pay.
HMRC have exclusive jurisdiction over SSP issues, so you should address the deduction issue to them.

Tainted_Wanderor

1) You are aware of the deadline so that is good, submit your claim immediately. On the ET1 you can put that you are still continuing to follow the internal procedures. This means your claim is received in time and that it can be put on hold and settled at any time

2) Talk to your union representation they can guide you on filling in the ET1. If you do not have membership then seek advice at Citizens Advice.

3) You can put a basic framework of your case in the ET1 and submit the detail "within reasonable time"

4) Previous poster has it wrong, a tribunal does have the jurisdiction in arguments over deductions from ssp. This is still considered a deduction of wages. Wages is defined as;

Wages are any sums paid by your employer in connection with the job you are doing. They include: bonuses or commissions; holiday pay; statutory payments e.g. Statutory Sick Pay or Statutory Maternity Pay: luncheon vouchers, gift vouchers or any tokens that can be exchanged for money or goods.

I have just come through tribunal proceedings, having drafted my own ET1 and thankfully had UNION support. My case got referred to solicitors and I gained a favorable result. It was not easy and has taken almost a year to get a favorable COT3 agreement. It helped that I have some knowledge of tribunal proceedings and advise others on the issue. It is a hard slog though.

However be aware that if they have not already done so they are changing the employment tribunal system to include deposits payable etc. I would definatly advise getting your claim in before this happens. Also some great books on current tribunal procedures may help you.

Tainted_Wanderor

Also side note

Where as Constructive dismissals are a lot harder and require you to follow the internal procedures as you are doing, the disability discrimination does not have that requirement.

mariefab

See paragraphs 35-37 below.

http://www.bailii.org/uk/cases/UKEAT/2012/0033_12_1210.html