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Discrimination - waiting for ET, ACAS etc

2 replies

Arianasmummy · 13/06/2013 15:52

I returned from work after 6 months maternity leave, to find my job is now being done by a team of people. It is no longer the same, i have no responsibility and i'm no longer customer facing. It is a lower level job in all but name. In addition they have put in a team manager.

When i returned i asked why i wasnt told about the managers job - the answer 'because i was on maternity leave' also as i only work 32 hours and the job is full time.

I immediately contacted Union, we raised a grievance. My case has been accepted by the employment tribunal. I have had my internal grievance meeting, but a week on they still haven't started their investigations.

The employment tribunal have arranged a case management discussion via telephone fro 24 July. I have now just received a letter from ACAS saying that they have appointed a concilliator,

Can somebody offer any advice as to what i can expect next? any idea of when i will hear any further from acas. Union reps are fab - but they personally haven't dealt with ACAS before. Union solicitors believe it is a Premie Facie case (or something like that).

At present it isn't very pleasant coming into work. I haven't enough work to do and its heartbreaking to watch everbody else do my job. Knowing what to expect, timescales etc, will help keep me going.

Thankyou

OP posts:
Drifa · 14/06/2013 22:16

Hi Arianasmummy,

I am currently going through an ET so have a little personal experience.

It is normal practice for a conciliator to be appointed in an attempt to settle the matter prior to the hearing. We had tried to resolve the matter via solicitors but to no avail, therefore the ET commenced and the conciliator played no active role, except to establish that attempts to settle had been made. If you have notified the ET that you will be represented at the hearing by a representative the conciliator will contact your rep and not you - however I would check this with your union rep as my circumstances may have been different.

The case management discussion (CMD) gives both parties the chance to clarify any initial points regarding the stance of the other parties case. The parties will also agree who will co-ordinate 'the joint bundle' (all documentation and evidence which will be put in front of the ET) and dates and the length of the hearing will be fixed. It basically ensures that all the formal documentation is lodged correctly and on time with the ET office.

I started a thread just before the commencement of my ET and you may find some of the info useful, so rather than me repeating it here's the link.

www.mumsnet.com/Talk/employment_issues/1736267-Employment-Tribunal-Hearing-Advice

Good luck with your case and I do hope you reach an agreement soon.

Drifa

Arianasmummy · 16/06/2013 11:26

Thanks Drifa,
I had my initial grievance meeting in work on the 5th. They had 10 days to reply. I received a letter from them yesterday asking for an extension until the 23rd June. Its so frustrating as i know that they haven't even started their investigations, i have spoken to 3 witnesses and none of them have been contacted.

I was relieved to receive a date for the CMD as i know that something will be done either on that date or before. I was also happy to see the letter from ACAS.

The unions solicitors feel that they will want to settle out of court. The company advertised the managers role and didn't formally tell me. Its hard for them to disprove this as there never was a letter, email etc. I have also quite a lot of evidence and witnesses who can prove my work is completely different from what i did pre-maternity.

I'm hoping the letter from ACAS will encourage them to start acting sooner. How long after receiving the letter from ACAS was it before they got involved/in touch again.

Thanks

Marie

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