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Employment Tribunal Process Guide
Summary
If a colleague applies for public funding to take over your duties, consider complaints like unfair treatment, breach of contract, or whistleblowing. Document incidents, raise concerns with HR, and consult an employment lawyer. You can go to a tribunal while employed, but be aware of time limits. If duties are officially removed, you can file a claim. Suggesting voluntary redundancy is an option if duties are significantly reduced. Employers must ensure a safe work environment, and moving to a department where bullying occurred may breach duty of care.Full Conversation
Yes pleass
Sure! Could you specify which area you would like more detailed information on: unfair treatment, breach of contract, or whistleblowing? This will help me provide more targeted guidance.
All topics
Sure, here's a brief overview of each topic:
- Unfair Treatment:
- Definition: Unfair treatment occurs when an employee is treated differently or less favourably than others.
- Legal Basis: Protection under the Equality Act *.
- Steps: Document incidents, raise concerns with HR, or file a grievance.
- Breach of Contract:
- Definition: Occurs when terms of your employment contract are not honoured.
- Legal Basis: Employment Rights Act *.
- Steps: Review your contract, gather evidence, discuss with employer, or seek legal advice.
- Whistleblowing:
- Definition: Reporting wrongdoing within an organisation.
- Legal Basis: Public Interest Disclosure Act *.
- Steps: Identify wrongdoing, report to relevant authority, and ensure protection against retaliation.
Would you like detailed steps on how to proceed with any specific complaint?
- Unfair Treatment:
- Definition: Unfair treatment occurs when an employee is treated differently or less favourably than others.
- Legal Basis: Protection under the Equality Act *.
- Steps: Document incidents, raise concerns with HR, or file a grievance.
- Breach of Contract:
- Definition: Occurs when terms of your employment contract are not honoured.
- Legal Basis: Employment Rights Act *.
- Steps: Review your contract, gather evidence, discuss with employer, or seek legal advice.
- Whistleblowing:
- Definition: Reporting wrongdoing within an organisation.
- Legal Basis: Public Interest Disclosure Act *.
- Steps: Identify wrongdoing, report to relevant authority, and ensure protection against retaliation.
Would you like detailed steps on how to proceed with any specific complaint?
Yes how should i proceed
Case Rating: *
To proceed with your complaint, here are the steps you should take for each topic:
- Unfair Treatment:
*. Document all incidents of unfair treatment.
*. Raise your concerns with HR or management.
*. If unresolved, file a formal grievance.
- Breach of Contract:
*. Review your employment contract to identify the breach.
*. Gather evidence supporting the breach.
*. Discuss the issue with your employer.
*. Seek legal advice if necessary.
- Whistleblowing:
*. Identify and document the wrongdoing.
*. Report it to the relevant authority within your organisation.
*. Ensure you understand your rights for protection against retaliation.
Would you like more detailed steps on any specific complaint?
To proceed with your complaint, here are the steps you should take for each topic:
- Unfair Treatment:
*. Document all incidents of unfair treatment.
*. Raise your concerns with HR or management.
*. If unresolved, file a formal grievance.
- Breach of Contract:
*. Review your employment contract to identify the breach.
*. Gather evidence supporting the breach.
*. Discuss the issue with your employer.
*. Seek legal advice if necessary.
- Whistleblowing:
*. Identify and document the wrongdoing.
*. Report it to the relevant authority within your organisation.
*. Ensure you understand your rights for protection against retaliation.
Would you like more detailed steps on any specific complaint?
My organisation have said to open formal consultation but i said this could never be fair.
Case Rating: *
It sounds like your situation might involve complex employment issues. Here are some general steps to consider:
- Document all communications and incidents regarding the consultation process.
- Consider discussing your concerns with a representative or trade union if you have one.
- Consult with an employment lawyer for a deeper evaluation.
Would you like more detailed steps on any of these issues?
It sounds like your situation might involve complex employment issues. Here are some general steps to consider:
- Document all communications and incidents regarding the consultation process.
- Consider discussing your concerns with a representative or trade union if you have one.
- Consult with an employment lawyer for a deeper evaluation.
Would you like more detailed steps on any of these issues?
How could this situation be resolved fairly, they have taken over my duties
Case Rating: *
To resolve the situation fairly, consider these steps:
*. Document Everything: Keep a record of all incidents, communications, and changes to your duties.
*. Raise Concerns: Formally express your concerns through your organisation's grievance process.
*. Seek Representation: Engage with a trade union or employee representative.
*. Legal Advice: Contact an employment lawyer for a detailed evaluation.
Would you like assistance finding a local employment lawyer?
To resolve the situation fairly, consider these steps:
*. Document Everything: Keep a record of all incidents, communications, and changes to your duties.
*. Raise Concerns: Formally express your concerns through your organisation's grievance process.
*. Seek Representation: Engage with a trade union or employee representative.
*. Legal Advice: Contact an employment lawyer for a detailed evaluation.
Would you like assistance finding a local employment lawyer?
Could i go to tribunal if still at work
Case Rating: *
Yes, you can go to an employment tribunal while still employed. Here are some steps:
- Grievance Process: Ensure you have followed your employer's grievance process first.
- Time Limits: Be aware of time limits; usually, claims must be made within three months of the incident.
- ACAS: Contact ACAS (Advisory, Conciliation and Arbitration Service) for early conciliation.
Would you like more information on how to proceed with an employment tribunal?
Yes, you can go to an employment tribunal while still employed. Here are some steps:
- Grievance Process: Ensure you have followed your employer's grievance process first.
- Time Limits: Be aware of time limits; usually, claims must be made within three months of the incident.
- ACAS: Contact ACAS (Advisory, Conciliation and Arbitration Service) for early conciliation.
Would you like more information on how to proceed with an employment tribunal?
I have exceeded the 3 months time lime, but could this still apply uf the matter is ongoing. Or can the time limit start once my duties have officially been removed, as no consultation has taken place.
Case Rating: *
In some cases, the time limit for bringing a claim to an employment tribunal may be extended if the discrimination or unfair treatment is ongoing. This is known as a "continuing act."
- Continuing Act: If the unfair treatment is ongoing, the time limit can extend.
- Consultation: The time limit may also start once your duties have officially been removed.
Would you like more detailed information on how this might apply to your case?
In some cases, the time limit for bringing a claim to an employment tribunal may be extended if the discrimination or unfair treatment is ongoing. This is known as a "continuing act."
- Continuing Act: If the unfair treatment is ongoing, the time limit can extend.
- Consultation: The time limit may also start once your duties have officially been removed.
Would you like more detailed information on how this might apply to your case?
So as soon as they officially take my duties i could take it to a tribunal is that right
Case Rating: *
Yes, once your duties are officially taken away, you can bring a claim to an employment tribunal. Ensure to document all relevant communications and incidents. Consulting with an employment lawyer can provide more specific advice based on your circumstances.
Would you like more detailed information on the tribunal process or assistance finding a local lawyer?
Yes, once your duties are officially taken away, you can bring a claim to an employment tribunal. Ensure to document all relevant communications and incidents. Consulting with an employment lawyer can provide more specific advice based on your circumstances.
Would you like more detailed information on the tribunal process or assistance finding a local lawyer?
Yes more information on tribunal process and ET1 form
Case Rating: *
To help you with the employment tribunal process and the ET1 form, here’s a brief overview:
To help you with the employment tribunal process and the ET1 form, here’s a brief overview:
Employment Tribunal Process:
- Early Conciliation: Before you can submit a claim, you need to notify ACAS for early conciliation.
- ET1 Form: Complete and submit the ET1 form to start your claim.
- Response: Your employer will respond using an ET3 form.
- Preliminary Hearing: If necessary, a preliminary hearing will be scheduled.
- Final Hearing: Attend the final hearing where both sides present their case.
- Early Conciliation: Before you can submit a claim, you need to notify ACAS for early conciliation.
- ET1 Form: Complete and submit the ET1 form to start your claim.
- Response: Your employer will respond using an ET3 form.
- Preliminary Hearing: If necessary, a preliminary hearing will be scheduled.
- Final Hearing: Attend the final hearing where both sides present their case.
ET1 Form:
- Personal Details: Provide your contact information and employment details.
- Respondent’s Details: Include your employer's details.
- Claim Details: Describe the nature of your claim and the incidents.
- Remedy Sought: Specify what you are seeking (e.g., compensation, reinstatement).
Would you like more detailed steps on completing the ET1 form?
- Personal Details: Provide your contact information and employment details.
- Respondent’s Details: Include your employer's details.
- Claim Details: Describe the nature of your claim and the incidents.
- Remedy Sought: Specify what you are seeking (e.g., compensation, reinstatement).
Would you like more detailed steps on completing the ET1 form?
Yes please
Case Rating: *
It seems like you have a potentially strong case. Would you like to be connected to local lawyers who can better assist you with your case? If yes, please answer the following questions:
*. What is your phone number?
It seems like you have a potentially strong case. Would you like to be connected to local lawyers who can better assist you with your case? If yes, please answer the following questions:
*. What is your phone number?
If i chose not to go to an tribunal despite strong evidence how is my employer likely to respond
Case Rating: *
If you choose not to go to a tribunal despite having strong evidence, your employer may:
- Continue with the current status quo, potentially exacerbating any unfair treatment.
- Feel emboldened to take further actions without fearing legal consequences.
- Possibly resolve the issue internally if they are aware of the strong evidence.
Would you like more detailed information on any of these potential outcomes?
If you choose not to go to a tribunal despite having strong evidence, your employer may:
- Continue with the current status quo, potentially exacerbating any unfair treatment.
- Feel emboldened to take further actions without fearing legal consequences.
- Possibly resolve the issue internally if they are aware of the strong evidence.
Would you like more detailed information on any of these potential outcomes?
Could i suggest redundancies under the circumstances. I am * soon and under lgps can access pension without loss. Would this be an appropriate resolution
Case Rating: *
You could suggest voluntary redundancy as an option, especially since you can access your pension without loss. Here are some considerations:
- Discuss with HR the possibility of voluntary redundancy.
- Highlight your eligibility and any potential benefits to the organisation.
- Seek advice from a trade union or legal professional to ensure it's a fair resolution.
Would you like more detailed steps on how to propose voluntary redundancy?
You could suggest voluntary redundancy as an option, especially since you can access your pension without loss. Here are some considerations:
- Discuss with HR the possibility of voluntary redundancy.
- Highlight your eligibility and any potential benefits to the organisation.
- Seek advice from a trade union or legal professional to ensure it's a fair resolution.
Would you like more detailed steps on how to propose voluntary redundancy?
Yes please
Case Rating: *
To propose voluntary redundancy:
*. Document: Keep detailed records of your current situation and any communications with HR.
*. Consultation: Initiate a discussion with HR, expressing your interest in voluntary redundancy.
*. Benefits: Highlight the benefits to the organisation, such as cost savings.
*. Trade Union: Seek advice from a trade union or legal professional.
Would you like more detailed guidance or assistance finding a local lawyer?
To propose voluntary redundancy:
*. Document: Keep detailed records of your current situation and any communications with HR.
*. Consultation: Initiate a discussion with HR, expressing your interest in voluntary redundancy.
*. Benefits: Highlight the benefits to the organisation, such as cost savings.
*. Trade Union: Seek advice from a trade union or legal professional.
Would you like more detailed guidance or assistance finding a local lawyer?
Is it worth leaving over. I feel really upset and not safe after raising a grievance
Case Rating: *
I'm really sorry to hear you're feeling this way. Your well-being is important. Here are some options to consider:
- Continue Grievance Process: Ensure your concerns are formally documented and addressed.
- Seek Legal Advice: Speak to an employment lawyer to understand your rights.
- Voluntary Redundancy: If you feel it's best, consider proposing this to HR.
Would you like more details on any of these options?
I'm really sorry to hear you're feeling this way. Your well-being is important. Here are some options to consider:
- Continue Grievance Process: Ensure your concerns are formally documented and addressed.
- Seek Legal Advice: Speak to an employment lawyer to understand your rights.
- Voluntary Redundancy: If you feel it's best, consider proposing this to HR.
Would you like more details on any of these options?
Voluntary redundancy, can i request this if the duties remove equate to *% of my role.
Case Rating: *
Yes, you can request voluntary redundancy if significant duties have been removed from your role. Here are steps to follow:
*. Document Changes: Keep a record of changes to your duties.
*. Formal Request: Submit a formal request to HR for voluntary redundancy.
*. Discuss Terms: Discuss potential terms and benefits with HR.
Would you like more detailed steps on how to proceed with the request?
Yes, you can request voluntary redundancy if significant duties have been removed from your role. Here are steps to follow:
*. Document Changes: Keep a record of changes to your duties.
*. Formal Request: Submit a formal request to HR for voluntary redundancy.
*. Discuss Terms: Discuss potential terms and benefits with HR.
Would you like more detailed steps on how to proceed with the request?
Yes please
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case? If yes, please answer the following questions:
*. What is your phone number?
Would you like to be connected to local lawyers who can better assist you with your case? If yes, please answer the following questions:
*. What is your phone number?
I work for the police would this be in the public interest.
Case Rating: *
It's important to consider the potential public interest implications given your role in the police. If you believe exposing this situation would benefit public interest, here are a few things to consider:
- Whistleblowing: As a public sector employee, you may be protected under the Public Interest Disclosure Act *.
- Public Interest: Whistleblowing in the public sector often carries a stronger argument for public interest, especially in roles related to law enforcement.
Would you like more detailed information on how to proceed with a whistleblowing complaint?
It's important to consider the potential public interest implications given your role in the police. If you believe exposing this situation would benefit public interest, here are a few things to consider:
- Whistleblowing: As a public sector employee, you may be protected under the Public Interest Disclosure Act *.
- Public Interest: Whistleblowing in the public sector often carries a stronger argument for public interest, especially in roles related to law enforcement.
Would you like more detailed information on how to proceed with a whistleblowing complaint?
My employer has suggested i move to the department who have duplicated my role. I have stated this would be a failure in duty of care to my, as tgey have bullied mevout of my role and ignored my complaints is this valid
Case Rating: *
Your concerns about being moved to a department where you’ve faced bullying and ignored complaints could be valid as a failure in duty of care by your employer. Employers are required to ensure a safe working environment and address complaints fairly.
Would you like more detailed steps on how to address this issue with your employer?
Your concerns about being moved to a department where you’ve faced bullying and ignored complaints could be valid as a failure in duty of care by your employer. Employers are required to ensure a safe working environment and address complaints fairly.
Would you like more detailed steps on how to address this issue with your employer?
Yes please
Case Rating: *
To address the issue of being moved to a department where you've faced bullying:
*. Document Everything: Keep detailed records of bullying incidents and ignored complaints.
*. Raise Concerns: Formally express your concerns through the grievance process.
*. Seek Representation: Engage with a trade union or employee representative.
*. Legal Advice: Consult an employment lawyer for a detailed evaluation.
Would you like to be connected to local lawyers who can better assist you with your case? If yes, please answer the following questions:
*. What is your phone number?
To address the issue of being moved to a department where you've faced bullying:
*. Document Everything: Keep detailed records of bullying incidents and ignored complaints.
*. Raise Concerns: Formally express your concerns through the grievance process.
*. Seek Representation: Engage with a trade union or employee representative.
*. Legal Advice: Consult an employment lawyer for a detailed evaluation.
Would you like to be connected to local lawyers who can better assist you with your case? If yes, please answer the following questions:
*. What is your phone number?
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