****Ur opionion needed please*****

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
1

This is the full listing of what happened

22nd july, Thretned by transport manager over the phone with vosa in attendance.

23rd july, Transport manager tryed to issie me with a disciplinery i resigned from my position on that day.

1st aug, Went on holiday for 2 weeks

15th returned applied for jobs agency etc.

7th sep, send grievence letter into the company

11th sep, company acknolleged letter.

3rd oct 1st grievence meeting

12th oct recieved letter company still investigating.

15th nov, outcome of 1st grievence recieved

15th nov, sent letter of appeal to company

28th nov 2nd grievence meeting

30th nov, recieved letter from company saying the grievence procedure is over

30th nov, contacted acas and applied for constructive dismissal.

now just waiting for the employment tribuneral sitting on the 2nd april to see if this case is out of time.

I was told by the HR department i couldnt claim constructive dismissel until i followed their grievence procedure i didnt expect this to last nearly 3 months.

i wasnt aware i only had three months to register a claim.

do you think i will get an extension for my claim or do you think this will be kicked out.

thanks for reading and thanks for all your replys im very grateful
martin

2

Don’t know if there are any employment experts on this site but if not ask at the CAB Citizens Advice Bureau :bulb:

now just waiting for the employment tribuneral sitting on the 2nd april to see if this case is out of time.

Could be worse - could be sitting one day earlier :unamused: :wink: :laughing: :laughing:

3

The normal time limit is 3 months but in “Exceptional Circumstances” this can be extended to 6 months at the discretion of the ACAS Tribunal.

What you should have done was lodge a case with the tribunal as you could have withdrawn at any time (at no cost to you) and you probably would have got your ex employers to get a move on with your grievance hearing.

As Rog says speak to CAB (it is free) they will advise you but I suspect your employers have deliberately hung out on the grievance procedure to see how far you were prepared to go, as any grievances I have been involved in never went longer than a week or maybe two before reaching a decision.

Unfortunately it might go against you at the tribunal.

Putting it mildly it looks like you have been shafted from a great height by your ex employers but as the saying goes “their day will come” but that doesn,t help you and I would say put it down to experience and join a union so it doesn,t happen again as even if you are on your own, for a couple of pounds a week you will be at least represented in a situation like this (hopefully it won,t) should it ever happen again.

You mentioned in an earlier post about a “Preliminary Hearing” in April this year to see if you still have a right to a tribunal hearing as you were “out of time” this is what the hearing is for, to decide whether you have a valid reason for waiting before applying to the “Employment Tribunal”.

4

Or the company have strung it out knowing you would be out of time for a tribunal!!

5

On this one looking at the dates you have posted I can,t understand why the co. went throught the grievance procedure with an employee who no longer worked for them as you terminated your employment before the grievance was investigated.

The grievance procedure normally comes first before giving notice of termination of employment.

Why did the T/M threaten you with a hearing in front of the VOSA as they would uphold YOUR decision not to run over your 15 hrs.

The law was on your side on this one and I think that unless you have extenuating reasons for going over the 3 month time limit you might find that the tribunal will regard you as “Out of Time” for your hearing.

It appears that the co. knew the law better than you so they used it against you in this case by stretching the grievance out by 3 months or more.

6

Hi Martin

Questions that need answers before I can advise

1st
On what grounds did your transport manager treaten you & why have or did he mention Vosa in attendance.
Have you been stopped by the road side by Vosa. – Need more information.

2nd
Managers dont try to carry out disciplinarys they either do or dont.
Was an investigation / fact finding exercise carried out prior to your disciplinary.

Should you have resigned you employment, NO

Sorry to say if you have resigned, then this maybe seen as you giving up any rights to a gievence against your employer

Can you take action for consuctive dismissal, not unless you can prove it

NEED MORE INFO BUD