Bulling and harassment interview

[TrueBlueTerrier]

If management do the right thing I wont need to go to a ET but I've tried everything and got nowhere .
In short, I've been discriminated against, and I am covered under the equality act

Why you are still employed by RM an ET won't deal with this, quite a few people mention filing a case but they don't understand what an ET actually will deal with.

Why Not - if he is being discriminated against he can still file an ET.

You can remain at work but start an Employment Tribunal claim. There is nothing to stop you from bringing Employment Tribunal proceedings whilst you are still at work. By lodging such proceedings, you could seek a declaration that you have been discriminated against and also compensation to cover any financial losses caused by the discrimination and to compensate you for injury to feelings, subject to any justification defence. Lodging a claim while you are still employed might make you feel uncomfortable but the law gives you added protection to enable you to do this - if your employer treats you badly because you have brought such a claim, that in itself would amount to victimisation and could give rise to a further claim.

Alternatively, if you feel your position has become untenable and you simply cannot stay with that employer any longer, you could resign and then bring a claim for what is called constructive unfair dismissal - on the grounds that they had forced you out - as well as a discrimination claim. The remedies that you could seek are the same as if you were to bring a claim while you were still employed, namely you could seek a declaration that you have been discriminated against and also compensation (to cover any financial losses caused by the discrimination and to compensate you for injury to feelings).

http://www.darbys.co.uk/personal-legal/ ... -work.html" onclick="window.open(this.href);return false;

[hantsman]

If management do the right thing I wont need to go to a ET but I've tried everything and got nowhere .
In short, I've been discriminated against, and I am covered under the equality act

Why you are still employed by RM an ET won't deal with this, quite a few people mention filing a case but they don't understand what an ET actually will deal with.

Why Not - if he is being discriminated against he can still file an ET.

You can remain at work but start an Employment Tribunal claim. There is nothing to stop you from bringing Employment Tribunal proceedings whilst you are still at work. By lodging such proceedings, you could seek a declaration that you have been discriminated against and also compensation to cover any financial losses caused by the discrimination and to compensate you for injury to feelings, subject to any justification defence. Lodging a claim while you are still employed might make you feel uncomfortable but the law gives you added protection to enable you to do this - if your employer treats you badly because you have brought such a claim, that in itself would amount to victimisation and could give rise to a further claim.

Alternatively, if you feel your position has become untenable and you simply cannot stay with that employer any longer, you could resign and then bring a claim for what is called constructive unfair dismissal - on the grounds that they had forced you out - as well as a discrimination claim. The remedies that you coul

d seek are the same as if you were to bring a claim while you were still employed, namely you could seek a declaration that you have been discriminated against and also compensation (to cover any financial losses caused by the discrimination and to compensate you for injury to feelings).

http://www.darbys.co.uk/personal-legal/ ... -work.html" onclick="window.open(this.href);return false;

RM never deal with ACAS re an ET, Constructive dismissal is very hard to win at an ET, never mind an RM ET.

If you want me to paint a rosy picture I won't.

[phronsias]

Acas is voluntary and I don't know how management will react, my hope is that it will get things out into the open, but one sure thing is their in for a surprise when Acas contact them

[hantsman]

Hi
I just had my Atos phone call, it was different from the other phone interviews I've had, it was a line of yes or no health questions, she then said I was been referred for a further medical with regards IHR, can RM force IHR on me for IBS?

Acas is voluntary and I don't know how management will react, my hope is that it will get things out into the open, but one sure thing is their in for a surprise when Acas contact them

I wish you luck, but don't underestimate RM, my gut feeling is they won't.

[lollollol]

I think hantsman is correct in not painting a rosy picture... discrimination is hard to prove and ETs and the build up to them can be extremely stressful... RM are quite dismissive of the role of ACAS but on the other hand they may settle out of court even if the claimants' case is legally weak but it can be proven that the business has acted badly... they're also not overly keen on putting their dopey managers on the stand...

[TrueBlueTerrier]

RM never deal with ACAS re an ET,

I didn't mention ACAS in my post, his advocates can be anyone, a mate, ACAS, CWU, Rep (official or personal capacity), Lawyer etc - the choice is up to the applicant.

Constructive dismissal is very hard to win at an ET, never mind an RM ET.

It certainly is but then I made no comment on how easy or hard it is to win one. I simply made him aware of the possibility

If you want me to paint a rosy picture I won't.

No, I don't want anything. You can assert what you want and you can provide links that support your statements it you want (or not if you don't). But I reserve the right for anyone to question any statement or position on here, mine included, if they wish, as long as they follow the rules.

[lollollol]

TBT - under your avatar you state 'proud to be part of the 96%'. Does that refer to the consultative ballot or the ballot result posted today?

[TrueBlueTerrier]

TBT - under your avatar you state 'proud to be part of the 96%'. Does that refer to the consultative ballot or the ballot result posted today?

consultative - I'd better delete it - I was one of the 5.5% today

[lollollol]

I think all the 5.5% post on here!

[hantsman]

I think hantsman is correct in not painting a rosy picture... discrimination is hard to prove and ETs and the build up to them can be extremely stressful... RM are quite dismissive of the role of ACAS but on the other hand they may settle out of court even if the claimants' case is legally weak but it can be proven that the business has acted badly... they're also not overly keen on putting their dopey managers on the stand...

You have a good handle on what's what. RM however do put lying managers forward at ET`s, their favorite saying is when asked something incriminating is "I can't recall that" Even when RM`s case is weak their legal bods don't give in.

Just Google "What do they know" RM don't lose many cases that go all the way.

[General Mannerheim]

RM never deal with ACAS re an ET

RM lawyers don't like dealing with ACAS that is true,but to say they never do is misleading.
It is now compulsory that anybody who wishes to start an ET must contact ACAS.

"From early 2014, anyone thinking about making an employment tribunal claim will need to contact Acas first. Acas will then offer Early Conciliation to try and resolve the dispute quickly and cost effectively.

Our role is to help find a solution that both sides find acceptable instead of going to a tribunal hearing. We don't impose solutions, but will try to help you settle your differences on your own terms. This process is known as conciliation."
Why wouldn't RM not try and use this system?

[phronsias]

RM never deal with ACAS re an ET

RM lawyers don't like dealing with ACAS that is true,but to say they never do is misleading.
It is now compulsory that anybody who wishes to start an ET must contact ACAS.

"From early 2014, anyone thinking about making an employment tribunal claim will need to contact Acas first. Acas will then offer Early Conciliation to try and resolve the dispute quickly and cost effectively.

Our role is to help find a solution that both sides find acceptable instead of going to a tribunal hearing. We don't impose solutions, but will try to help you settle your differences on your own terms. This process is known as conciliation."
Why wouldn't RM not try and use this system?

Hi
If RM refuse to deal with Acas, what can I do?

[hantsman]

RM never deal with ACAS re an ET

RM lawyers don't like dealing with ACAS that is true,but to say they never do is misleading.
It is now compulsory that anybody who wishes to start an ET must contact ACAS.

"From early 2014, anyone thinking about making an employment tribunal claim will need to contact Acas first. Acas will then offer Early Conciliation to try and resolve the dispute quickly and cost effectively.

Our role is to help find a solution that both sides find acceptable instead of going to a tribunal hearing. We don't impose solutions, but will try to help you settle your differences on your own terms. This process is known as conciliation."
Why wouldn't RM not try and use this system?

Hi
If RM refuse to deal with Acas, what can I do?

Nothing, also the same for you if you choose not to engage with ACAS.

[phronsias]

RM never deal with ACAS re an ET

RM lawyers don't like dealing with ACAS that is true,but to say they never do is misleading.
It is now compulsory that anybody who wishes to start an ET must contact ACAS.

"From early 2014, anyone thinking about making an employment tribunal claim will need to contact Acas first. Acas will then offer Early Conciliation to try and resolve the dispute quickly and cost effectively.

Our role is to help find a solution that both sides find acceptable instead of going to a tribunal hearing. We don't impose solutions, but will try to help you settle your differences on your own terms. This process is known as conciliation."
Why wouldn't RM not try and use this system?

What can I do? any advise?

[Lincox]

Seek advice of Acas and proceed with ET if that is what is recommended.