Employment Tribunal vs Severance Letter what is better financially?

I am considering to make a claim to an Employment Tribunal: https://yesday.github.io/blog/2022/male-shaming-in-the-modern-workplace.html 

I have a couple of options:

  1. Submit a claim to the Employment Tribunal
  2. Write a Severance Letter to my employer. What this would do is highlight the legal basis for a claim that I may have, highlight that I am considering bringing that claim and propose a figure for settlement: https://www.pauldoranlaw.com/want-to-quit-your-job/

In your view what would make the most sense from the financial standpoint?

Comments

  • Brie
    Brie Posts: 9,298
    Photogenic First Post Name Dropper First Anniversary
    Forumite
    Have you quit your job already?  Or been fired??  Or even disciplined???  Have you complained at work about being harassed or discriminated against?
    "Never retract, never explain, never apologise; get things done and let them howl.”
  • I started a formal grievance process with the company and have an ACAS early conciliation certificate. The grievance with the company is still in progress. The timelines are quite strict, and I will have to find a solicitor, so I am considering lodging a claim to the employment tribunal and then withdraw if the outcome of the grievance is satisfactory. However, even in the latter case, I can't see myself working there due to emotional damage.
  • lincroft1710
    lincroft1710 Posts: 17,459
    Photogenic Name Dropper First Anniversary First Post
    Forumite
    How long have you worked there?
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • One and half years
  • lincroft1710
    lincroft1710 Posts: 17,459
    Photogenic Name Dropper First Anniversary First Post
    Forumite
    edited 14 September 2022 at 4:30PM
    One and half years
    With less than 2 years service your employer can dismiss you without reason. So you can forget any thoughts of constructive dismissal claims if you decide to leave. Having a gf half your age is not a protected characteristic so you cannot claim unfair dismissal on the grounds of discrimination. 


    If you get nowhere with the grievance, then decide if you want to continue working for a judgemental employer. Don't waste money on a solicitor.

    Having re-read your Yesday blog, your case appears weak and management could easily refute your claims, there appears to be no "discrimination" (as defined in employment law) against you. If management had wanted you gone, they could do it quite simply with a letter terminating your employment.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • MalMonroe
    MalMonroe Posts: 5,783
    First Anniversary First Post Name Dropper Photogenic
    Forumite
    Have you requested an official meeting with your employer? Is your employer even aware of what has been happening at all? There must be a person in a higher position than the General Manager.

    Has a record been kept of any of the meetings you had with the HR person? If you are being accused of something then you really do need to know what it is or any complaint is moot. After the initial meeting, the HR person should have given you a written statement of the reason you were called for a meeting with her, what was discussed and what the outcome or recommendation was. And someone in a more senior position should have been involved too.

    It really is a shame you didn't take this matter to the head honcho/head of company before it escalated. I'd have reported that HR person anyway as her remarks, as reported, were totally inappropriate. It possibly could have been nipped in the bud.

    You are definitely going to need some proof of harassment and/or a witness or witnesses, before you go any further. 

    You say you have an early conciliation certificate from acas and I assume that means that you intend to go to Employment Tribunal?

    If so, you definitely need to discuss your chances of achieving success at Tribunal with an acas conciliator before doing anything else. They are not allowed to give you any help or advice but they are allowed to say whether or not they feel you will succeed.

    As someone who has taken two cases to Employment Tribunal (one successful, one not so successful), I can assure you that you need to have some proof of wrongdoing. The stronger the proof, the better the case. An Employment Tribunal is not something to be entered into lightly. It's very stressful and it could backfire if you are not fully prepared.

    If you write a severance letter to your employer, you also have to provide proof of wrongdoing. No solicitor will be able to defend a case without valid proof or at least one witness. Preferably both.

    All you appear to have at present, according to your blog post, consists of a matter of 'he said', 'she said', with neither side having any substantial proof, evidence or witnesses. There is no written record of anything.

    You might be better off just looking around for a better job and cutting your losses here because you will not be able to get any money out of these employers with such a flimsy case and you are obviously not happy there.

    As a woman, I have to say that for future reference, it's always best not to talk about intimate personal details in the work place, it isn't healthy and it isn't good for anyone. Generally, people don't like it. Women don't like it, anyway.
    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
  • Have you posted before on this as it seems very familiar?
    Make £2023 in 2023 (#36) £3479.30/£2023

    Make £2024 in 2024...
  • g000444555
    g000444555 Posts: 39
    First Anniversary First Post
    Forumite
    edited 15 September 2022 at 9:43AM
    Have you requested an official meeting with your employer?

    Yes, I started the formal grievance process with my employer. And I asked for the General Manager not to be involved in overlooking the process, because I knew she is behind this due to the audacity of the harassment. So there is another person from the senior delivery team who overlooks the process and a different person from HR who carries out the process. The owners of the company are not involved in operational things, so I am not sure it would be appropriate reaching out to them. Instead, I will let the formal grievance process to propagate.


    Is your employer even aware of what has been happening at all?

    When you start early conciliation with ACAS, ACAS notifies the employer. And when I requested the formal grievance with the employer, there was a protected meeting where HR tried to convince me not to start a formal grievance. The whole thing is unbelievably bizarre.

    There must be a person in a higher position than the General Manager.
    No, there is no one higher than the General Manager. Only the owners, who are not involved in operational matters, and I am unsure if I should speak to them at all with regards to this. I haven't been to the office ever since. Working remotely and for a client, makes things slightly easier, but I cannot do this longer term, it will cut me off completely and limit for any potential to progress within the company.

    Have you posted before on this as it seems very familiar?

    Yes. I posted when this just happened and I was all confused about it. It was a completely different post and it was deleted.

    As someone who has taken two cases to Employment Tribunal (one successful, one not so successful), I can assure you that you need to have some proof of wrongdoing. The stronger the proof, the better the case. An Employment Tribunal is not something to be entered into lightly. It's very stressful and it could backfire if you are not fully prepared.

    If you write a severance letter to your employer, you also have to provide proof of wrongdoing. No solicitor will be able to defend a case without valid proof or at least one witness. Preferably both.

    All you appear to have at present, according to your blog post, consists of a matter of 'he said', 'she said', with neither side having any substantial proof, evidence or witnesses. There is no written record of anything.

    I have the recording of the conversation with HR and have shared the entire conversation in text form (meeting notes) with the people who carry out the grievance process.


    You might be better off just looking around for a better job and cutting your losses here because you will not be able to get any money out of these employers with such a flimsy case and you are obviously not happy there.

    I got a pay rise and I have a senior position, where I lead a team and line manage other people. It might not be as easy to find a good opportunity within a short time frame, but I have started looking for a job.


    As a woman, I have to say that for future reference, it's always best not to talk about intimate personal details in the work place, it isn't healthy and it isn't good for anyone. Generally, people don't like it. Women don't like it, anyway.

    I would never talk about intimate personal details with anyone, let alone at the work place. However, my view is that you need to be open about your personal life, especially if it's unusual and interesting. If you are going through a breakup and you're in a social event with colleagues and people you like, you shouldn't feel uncomfortable talking about the subject you care the most about in the particular moment. Otherwise, just skip that event altogether. But that's just my personal view and I understand where you're coming from.

  • k3lvc
    k3lvc Posts: 4,175
    First Anniversary Name Dropper First Post
    Forumite
    edited 15 September 2022 at 9:29AM
    Have you posted before on this as it seems very familiar?

    Yes, I have posted on this before

    And IIRC it was suggested by everyone that you had no case at which point the post degenerated and disappeared.

    I sense a repeat coming on

    And if you're Leo DiCaprio then welcome to the board 

     See the source image
  • And IIRC it was suggested by everyone that you had no case at which point the post degenerated and disappeared.
    You're right on the part that my other post disappeared. It was a completely different post.

Meet your Ambassadors

Categories

  • All Categories
  • 341.8K Banking & Borrowing
  • 249.7K Reduce Debt & Boost Income
  • 449.2K Spending & Discounts
  • 233.9K Work, Benefits & Business
  • 606.1K Mortgages, Homes & Bills
  • 172.5K Life & Family
  • 246.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards