I've suffered sexual discrimination in the first year of employment

[Mosman]

I'd finally had enough this week and called HR to resign and they understandably want to go through a grievance process to cover themselves no doubt.
My question is do I have a leg to stand on ? I was told to resign due to my children taking up too much of my time outside work hours of 8.30 -4.30 which he also wanted dedicating to my administration. HR told him off and to stop it, which he did not.
And if I do have a case, is it worthwhile pursueing and will the grievance procedure influence matters ?
Many thanks I don't want to waste peoples time going to solicitors if it's just going to add to the stress, it's been an awful experience.

I'm not an expert and don't know if you have a case or not. But I do know that you have to go through the grievance procedure. If you don't, it will count against you.

You HAVE to go through the formal grievance procedure, otherwise you don't have a leg to stand on.

Err no you don't have to go through a grievance process.

Don't let then delay your resignation any further. They are trying to thwart a constructive dismissal claim. Resign immediately (if that is what you want to do) and then claim discrimination and constructive dismissal (ie you were forced to resign due to his behaviour).

You can claim constructive dismissal in your first year if it arises out of discrimination.

You obviously felt you had no choice but to resign and they tried to stop you. There is a big fat reason they tried to stop you and it certainly wasn't your best interests.

Can I just clarify - have you resigned or did they prevent you resigning?

They have prevented my resignation and said i have to raise a grievance, i will resign by the end of the week anyway but they've insisted i put everything in writting within 24 hours and the hearing is on tuesday.

Shameless bounce

If you are going to resign anyway what possible good do you think the grievance will do? It will take them ages to get back to you and then you'll have a right to appeal which will take ages etc etc. It's totally up to you of course but I would have forced it through when you went to HR last week. because you obviously want to leave and have every intention of doing so. They are delaying you.

When was the last occasion you were told to resign due to your children, or similar? How long ago?

On Tuesday last week, perfectly pleasant conversation to begin with ended with me being told I was no spring chicken and the children were a hinderence.
My impression was that if I didn't attend this grievance process I couldn't take action. If he is sacked I won't pursue it anyway because they will have protected future employees and that's my only motivation but if they brush this under the carpet I want to cause merry hell for them.

I suggest you raise this in "Employment issues". You will get some excellent advice there.

Rubbish. Of course you can pursue it. The statutory grievance procedure was abolished in April 2009.

With the last act of discrimination being only tues you may certainly have a constructive dismissal case and bring in the actual dismissal itself to enable you to claim lost earnings.

Constructive dismissal cases are very difficult to prove. You should be aware that, whilst the statutory grievance procedure has been abolished, it is very difficult to bring a claim for constructive dismissal successfully if you have not exhausted your employer's grievance procedures. Contrary to the advice given here, going through a grievance procedure will strengthen, not weaken, your position.

Having said that, if you have worked for the company for less than 12 months you cannot bring a case for constructive dismissal. You can, however, bring a case for sex discrimination.

Please take this to "Employment issues" where you will get good advice.

I agree with prh47. Follow the grievance procedure with a clear view on what you want as the outcome. Have you kept a diary of issues/conversations? If not, try and make some notes now with as much detail as you can recall- time, place, how long the conversation lasted, what was said, were there any witnesses to the conversation or how upset you were afterwards, any texts or emails you sent afterwards etc. it won't take more than a few weeks to go through the process and you can presumably be signed off sick in the meantime. Were you ever told about the company's grievance procedure etc (eg: at induction) or did you not know about it until you called to resign?

I have emailed a comprehensive document with times, dates, never any witnesses surprise surprise.

I don't want to go off sick because it may be mentioned in my ref for the new company, i'm just working to rule, 50% of my usual output.

The whole POINT of constructive dismissal is that you cant bear to work there a minute longer and dont trust the company any more. It's a throw your papers on the floor and storm out sort of situation, not a calmly go through a protracted grievance process and then um and ahh and say ok I resign. The longer you stay, the weaker your case regarding the dismissal/resignation.

You can bring in the dismissal if under 12 months if saying it was a discrim act - can claim compensation in exactly the same manner as constructive/unfair dismissal.

Just telling you the things that my job as an employment barrister a hell of a lot easier when these cases get to a tribunal hearing...

No lawyer will EVER advise you to resign. EVER.

BUT

I can say in an abstract way - the longer you stay, the weaker a claim for constructive dismissal will be. A week has ALREADY passed since the last discrim act. I have spent lots of time arguing over DAYS passing between act and resignation, let along weeks. If I were the respondent I would then be arguing the resignation was due to the outcome of the GRIEVANCE and not the act of discmination by the employee thereby losing you your future lost earnings.

I wouldnt want to give the respondent a CHANCE to do their own investigations into the discriminatory conduct and be able to present such evidence to a tribunal, I would want a JUDGE to look at everything without being clouded by the respondent's "findings".

So I sit down at this meeting tomorrow and the first thing I do is resign in writing again ?

I think they would have mentioned the grievence process at induction but there was a hell of a lot to take on.

Here's what I'd say:

Thank you for suggesting I go through this grievance procedure however I feel that my trust and confidence in you as my employer has totally gone. I do not feel this grievance procedure will achieve anything as I no longer want to work here for another day. I have been directly discriminated against due to be a female, due to my age and due to having children. I have already complained to HR once who spoke to him and nothing has changed whatsoever. I have no reason to believe that any more complaints will make a difference. The company as my employer failed to take any proper action and as a result of direct discrimination and harassment by x against me (the latest incident of which occured on Tuesday 24 April) I have no choice but to resign with immediate effect. Please feel free to investigate my grievance (full details of which you have) and notify me of the outcome in writing.

I must reiterate - only resign if you actually feel you have no choice. I'm only taking this line because you say you have already tried to resign last week.

I have no intention of doing another stroke of work for them, if they offered to move me and gave me a £10,000 payrise it would make no difference because the organisation is so shoddy.

I would've used today to get a free hour's legal advice as well. I wouldnt just go by what someone on the internet says :) Sorry to be blunt but I can only go by what you are writing on here - talking to someone directly may bring out other facts that are relevant.

However, I do hope this has helped guide you with what to do and say. If you do end up resigning or in fact even if you don't - go and see a solicitor!

Thank you, i will take advice you aren't the first person to suggest that stepping into the lions den tomorrow is not a good idea.
And the fact is I wanted to resign on Thursday and nothing's changed.

I agree that you should not just go by what someone on the internet says. i don't agree with much of the other advice that has been offered. I know you don't want to go to work tomorrow but how will you feel if you find that, by not doing so, you have undermined your chance of taking them to industrial tribunal successfully. At the very least please post this on "employment issues". There are some HR experts there who will give you good advice.

Oh yes plenty of HR experts whose job it is to act in the interests of the companies they work for and who will be giving evidence AGAINST YOU if it ever went to a tribunal.... just bear that in mind when talking to "HR" at your company.

I know HR in the company aren't my friends.