ACAS/ Employment Tribunal Advice

Curlygirl123

Hello all

I am trying to support someone with employment related issues. After months of bullying, harassment and sexual discrimination at work he sought support through the work bullying and harassment policy. An adviser supported him but when matters escalated to Management and then HR, mediation with the people involved was refused, unless a formal complaint was made, which it was. The company have a mediation policy, but this was ignored. The person in HR used to work with the Manager she is supporting directly, and it is felt there is a conflict of interest.

The employee has been suspended on inaccurate information which has been evidenced and proven to be lies but no response from HR since. He has called ACAS in the hope they would mediate. The employee refused to mediate but a week later said relationships had broken down and they wanted to settle. ACAS told the employee to consider what they'd accept as settlement and the Employer is due to respond this week with an offer. I think this is a COT3 and not a settlement agreement. From the hours I have spent searching the Internet, to negotiate a settlement agreement with a claim of sexual discrimination is unfair dismissal.

The employee would like to take this to tribunal, but is worried about undertaking this without Legal representation. He feels he has been treated so poorly that the company should not be allowed to treat staff this way and others potentially suffer in the future. Although he can cover the legal fees he does not want to be faced with being out of work and also with a big solicitors bill.

I think the next step is to get a solicitor to take a look at the case and evidence surrounding, but this in itself will cost hundreds of pounds. Then there is possibly negotiating an agreement or support to complete an ET1 firm fir the tribunal.

I've no idea what the best way to go forward is and the person dealing with this is so upset and left crushed by the treatment he has suffered I wondered if anyone out there had any guidance or experience to help?

Thanks in advance.

pioneer22

How long have they worked there for?

Curlygirl123

Not worked for the employer very long, six months...within the first few weeks they were shouted at by a colleague and then the bullying and discrimination started from a couple of others. It was noted down as evidence just in case it was needed if things did not resolve. The manager was aware but did nothing to resolve.

I know it has less validity if you've not long been employed, but if you leave a good job to work some where new it is so unfair.

steampowered

It sounds like your friend has not actually been sacked.

Ordinary unfair dismissal claims are perfectly possible for people to win without legal representation. But in this case your friend would need to prove unlawful discrimination or constructive dismissal, which is much more complicated and difficult to do without legal representation.

As your friend has less than 2 years' service, he would need to prove discrimination or similar to have a claim.

My personal view is that life is too short. Employment Tribunal proceedings would be drawn out and stressful; and would be difficult to win. I don't think it is worth it as the amount of compensation you'd get with only 6 months service is likely to be pretty small.

If even a small settlement is offered it might be worth your friend taking it and moving on with his/her life. Try to get an agreed reference which the employer has to give to any future employer in the COT3.

Curlygirl123

Thanks for your answer. No, not dismissed (yet) only suspended (on false pretences).

There is evidence of sexual discrimination and subsequent victimisation after the complaint was made. It just seems so wrong to gang up and bully someone, makes unfounded, slanderous comments about them and discriminate against them. Job performance massively outweighs the other (bullying) team members but they win!

Has anyone had any experience of wording within a COT 3 that enable claiming adequate benefits whilst job hunting?

If it goes to tribunal, is it better to have been job hunting whilst still employed, but suspended, or does this look worse? My instinct would be to secure another role, if able.

Thanks in advance....this really is an exhausting minefield to work through.

Takeaway_Addict

Curlygirl123 wrote: »

Not worked for the employer very long, six months...within the first few weeks they were shouted at by a colleague and then the bullying and discrimination started from a couple of others. It was noted down as evidence just in case it was needed if things did not resolve. The manager was aware but did nothing to resolve.

I know it has less validity if you've not long been employed, but if you leave a good job to work some where new it is so unfair.

They need to just move on....6 months of hell compared to what is likely going to be another 12 months if they take it to a tribunal...or they could leave and become happier in life elsewhere

Ozzuk

Strongly agree with the above - it sounds like he is wanting to start a crusade. If this goes legal then the company will step back and let their legal team deal with it, worst case for them is a larger payout, they then forget about it. I can't see any way they are going to change. And even if they went to court and said we've made this change and that, your friend wouldn't be working there anymore so would have no idea if they actually make any changes.

Life is too short, don't let this become all encompassing in his life.

Curlygirl123

Thank you for your response.

It does seem sad that we seem so 'protected' by policies and procedures but actually getting a company to follow them, and the law, seems so difficult and that they can work around it so easily. Going the legal route seems to be win win for solicitors only, in many cases.

Appreciate the help......any guidance on the COT3 or whether job hunting right away is the best way forward welcome.