Employer dismissed me, now wants to hear grievance. Please help!

[Tootiredtosleep]

So, I raised a grievance with my employer back in July this year, and a further grievance re a protected characteristic.

They acknowledged the first grievance and invited me to a meeting with the Director (who the grievance was about - it's a small company - no HR). I asked for a reasonable adjustment, could it be held in written form and this was not acknowledged.

The further grievance re the protected characteristic (race), was never acknowledged by the company.

However, they invited me to a disciplinary whilst I was on sick leave, for gross misconduct/fraud. I was subsequently sacked. They were wrong on all counts of what they accused me of. However, for one small thing I had no evidence, and it was upheld as 'reasonable belief'.

The last correspondence from them re my grievances was 27th July 2024.

I have now filed a case at the tribunal for race discrimination, sex discrimination (they contacted my ex husband to find out information) victimisation (raising disciplinary after I done a protected act) and failure to provide an employment contract.

All negotiations with ACAS have failed. They won't communicate.

However, some 5 months since they acknowledged my grievance, they have now written to me to say they would like to hear these grievances and want me to attend a meeting. This is one month after I have been dismissed. It wasn't mentioned in my dismissal letter.

I know I need to show the tribunal that I have exhausted the grievance procedure, but surely contacting me after all this time, when I am no longer an employee is wrong? Can anyone advise?

I have tried to keep it brief, but can provide further details.

Just an update, @everyone that has been so helpful.

The company refused to let me record the meeting, and refused any other reasonable adjustments to take account of my mental health. They did say they would conduct the grievance hearing in writing, and would write to me with the outcome. They also didn't answer any questions I raised.

After discussions with my solicitor, we agreed that we had exhausted the internal grievance procedure and my ex employer have not followed the ACAS code of practice. I therefore declined to discuss it with them any further.

We will let the papers be issued and go to tribunal.

Thanks everyone.

Thank you for the update, OP. Hopefully you'll have some peace of mind if your solicitor advises the grievance process would reasonably be considered exhausted. If they wouldn't let you record the meeting and their other decisions may hopefully appear unreasonable if subject to scrutiny by the Tribunal. Well done and fingers crossed they decide to make an acceptable offer.

Have you been able to research and establish how to manage the risk of them alluding to impropriety when future employers approach them for a reference, even if any written reference may appear acceptable?

Good luck.

Thank you @Zilla1.

I have actually taken an entirely different direction and won't need a reference from them.

However, my solicitor is requesting that a good reference is included as part of any settlement- should I need this in the future.

Hi OP, that all sounds good. It wasn't so much the written reference where there's precedents for agreeing a good reference. It's more about the informal phone call by a new employer's HR where a vindictive ex-employer can cause trouble.

It might be worth thinking about what an agreement might say and what happens if they badmouth you, given they lied about the fraud. The reason why it's worth having the agreement say something beyond a written reference is that you can then get a friend to call and make a note should you find they say something bad and you have a job offer withdrawn, if that makes sense?

Will you want to make a statement in the final agreement in writing that their accusations about fraud were false and malicious?

Thank you @Zilla1 that's very helpful. I will discuss with my solicitor.

Given the nature of my ex employer, I think even with the most watertight agreement, it's unlikely he would stick to it anyway. He's not very law abiding. That's a polite way to put it!

This is why I have decided to become self-employed, where I will not need any input from him whatsoever.

They've probably found out how high the compensation for racism and other discrimination can be and are shitting themselves.
This meeting might actually be an opportunity for you to be recompensed for being unfairly sacked etc. if you attend it with a witness (maybe a solicitor) and simply say that you would be willing to settle outside Tribunal for X amount of money. Don't get drawn into a discussion of the ins and outs of your grievance, just say "that will be dealt with at the Tribunal". They already know what the problms are.
Even though you're not obliged to attend - it will show that you were willing to exhaust all avenues before proceeding.
Very best of luck to you.

@Zilla1(if you or anyone else remembers) remember just a quick update. We are less than a week away from trial, and the Respondent’s Solicitor has notified the tribunal and my solicitor that they are coming off record.

So, they now have no representation and are proceeding to full trial as a litigant in person.

I will post the outcome when it’s all over.

Hi OP, I remember your posts and how badly you've been treated.

Sorry if you've continued to live with the stress pver the last months. Fingers crossed you'll get a successful outcome.

If they have no representation then hopefully a more level playing field for you.

Will you have representation yourself?

You'll have thought ahead already but disissing legal advisors might make a 'court steps' offer from the other party more likely. If so, you may want to have rehearsed what financial offer would be acceptable and what non-financial components you'll need to help you be on the front foot in last minute negotiations.

Good luck.

Wow I remember your OP - sounds like your ex employer is struggling to retain representation.

best wishes for your hearing!

Keeping finger crossed for you

Good luck 🍀

I hope it goes well.

I remember you! Wishing you all the very best. I have been there. I know how stressful it is. Rooting for you.

Thank you, everyone. It’s been a long hard battle to get this far. I felt like giving up a few times, and nearly accepted a really low offer of settlement just to make it go away.

But I persevered as they have done wrong, ruined my professional reputation, and now it’s drawing to a close, I am glad I never gave up.

@Zilla1yes, I have legal representation and a great barrister.

I appreciate all the support.

My experience of a tribunal when I was a witness
Is to negotiate settlement outside of court because if they find out anything no matter how small is untrue or they uphold the employers version of events even on a small matter than they assume everything else lies in your case will get thrown out

Thank you @kittywittyandpretty that would be my preferred route, but if my employer refuses to cooperate I don’t have much choice.

Just make sure it’s watertight that’s all I can say
My Friend’s case got thrown out on a very minor detail

Thank you @kittywittyandprettyThat’s disheartening to hear, and not good for your friend.

my solicitor assures me it is. I’m not lying, I have all the proof.

I don't think it is unlikely to go against you not to attend.
The raising of the grievance when employed was to try and improve your employment situation.
That situation is now over.
So there is no value for you in having the grievance heard now. There is no value now for you in it being upheld in terms of your emplyment, and given your claim, your can't feel confident that a fair objective process would be followed.
I think you can reasonably decline with good reasons.

Oh if you have a solicitor they should be able to advise you on this

@BlueRaincoat1 have you seen the updates?

Good luck @Tootiredtosleep . I’m really pleased you have found another path, employment wise, and am sorry you’ve had to live with this stress for so long. I hope your employer finds it all truly unpleasant.

@PrizedPickledPopcorn oh thanks. Sorry, no, I don't know why I didn't notice all the updates, I normally check for that. Apologies!

I wondered whether I’d just misunderstood you, because this isn’t a field I have any knowledge of. I tried to work it out then thought- aha! She’s missed the updates!

Thank you @BlueRaincoat1 and @PrizedPickledPopcorn

As you said, I declined the grievance, with good reason. Again, as you say, I was no longer employed and there was no benefit to me, and I couldn’t be guaranteed a fair process. My solicitor agreed.

I hope things progressed or are progressing well with no unpleasant surprises sprung on you.