ACAS early conciliation - worried I've been too hasty!

[thelonelyones]

Will try to keep this short.

Have worked with my current employer (public sector) over 10 years.

I have disabilities, which they have always known about.

I've been discriminated against repeatedly throughout my career. Raised numerous informal complaints, get given promises, changes implemented, several months later things happen again.

Finally had enough and submitted a grievance after being threatened with demotion, told I'm under performing when I can prove I'm not, very offensive things said about my disabilities, nasty sweary emails sent to me, witnesses to discrimination and much more.

I submitted the grievance 3 months ago. No hearing yet. Lots of pressure on me and my union representative to drop it. Last week I finally lost patience and emailed HR insisting on a hearing. They say they are planning two meetings - one to find out if my grievance "has merit" and two to have the hearing if it does.

Not happy about the first meeting - I sent them a very detailed grievance with dates / times of incidents and offering to provide evidence. But they still doubt that it "has merit" and seemingly haven't even read the grievance.

So I have completed the ACAS early conciliation form as I am worried about the timeline for making an ET claim and I didn't want to miss it.

My union rep says the union will support me but says I have been too hasty and I should have waited until after the grievance process and given HR a chance to resolve it. She reckons that the EC form can be dated from the last day of the grievance process? She also thinks that EC is only for unfair dismissal.

I have no confidence in the grievance process and HR have continued to discriminate against me even after my grievance was submitted. I am fed up waiting for HR. They are just dragging their heels.

I don't want to work there anymore but I don't have any other jobs lined up. I would consider a return to work (currently on sick leave with anxiety) if full resolutions / adjustments are in place, but would consider a decent settlement.

I'm panicking now that I've been too hasty in doing the ACAS forms. My union rep alternates between helpful and unhelpful, and the long wait for a hearing is partly her fault too.

Need some advice? Can the EC process and grievance process be at the same time?

[Moondust001]

Funnily enough there was an exact same situation posted by someone else only days ago. Literally, the exact same situation. Odd that, because it was a different poster.

And yes, you have totally and completely been too hasty, not least because I can tell you with absolute certainty that your union rep cannot possibly promise you that the union will support you in that - that is a decision made by a senior official based on legal advice and the balance of probabilities for a winning case - not by a clearly junior rep who doesn't appear, based on what you have posted here, to know what an employment tribunal even does (although that does sound rather unlikely).


It is entirely reasonable and common practice to investigate an allegation before deciding whether to take the matter further. You are making serious allegations against other people and, it would appear, many departments of your employer over a sustained period of time. There are always at least two sides to every story, and others have a right to a say too.

By starting legal action in your own right without union agreement, you may also have shot yourself in the foot - the union is almost certainly now able to decline to consider legal support for you. My union, for example, will not support anyone who has either already started action, or has sought representation from another lawyer.

If you are the person who posted previously, expect the employer to call your bluff if you really expect a years salary. And if this was a strategy to force their hand, it may blow up in your face.

[AnchorDownDeepBreath]

I went through EC with ACAS, but they told me beforehand not to raise it before I'd exhausted the grievance process to give them a fair chance to respond to the problem, and that if I didn't do that, it could affect my settlement quite drastically. Did you talk to them before you started it?

You're correct that the process could have been started from the last point in the grievance process, but that's probably by the by now.

Have you taken advice on what it might be reasonable to expect, and how much less you might need to consider if you don't go through the grievance process first? Are you okay with that?

[thelonelyones]

I didn't see any other posts about early conciliation and I didn't start one?

I completed a union claim form at their request and I did inform my union rep that I wanted to do the EC process due to the amount of time that had passed and the risk of being out of time. My rep said they'd support me at every stage. The full time union official is also aware of my case.

I have waited several months for my grievance to be heard so I can show that I have tried that.

I did phone ACAS and they told me that the 3 months minus 1 day deadline applies from the last date of discrimination, and that I could be out of time if I waited any longer.

Early Conciliation does not have to be about leaving and getting a settlement, it could also be about getting a resolution that enables me to stay employed, but I would consider a settlement if that weren't possible.

Thank you for the advice and any further advice but I don't want the nastiness

[Moondust001]

There was a lengthy thread about the exact problems you describe here, even down to timescales. I didn't say it was about conciliation - I said it was the exact same issues.

You could not be out of time - you haven't even had the grievance hearing, and you said that there is ongoing discrimination.

ACAS were wrong.

No conciliation doesn't have to be about a settlement - it also doesn't have to be about getting what you want either.

You haven't waited several months for the grievance to be heard - you said you only submitted it three months ago, and since you are off sick it is not really surprising that they haven't progressed it.

It's not "nasty" to tell you the truth, just not what you want to hear.

That other poster with the exact same issues also didn't like any opinion that wasn't theirs. But no worries - I won't be giving you any further advice.

[recoveryispossible]

Not going into the history or the other replies.

I submitted a grievance letter in late February of this year. Management tried to delay my grievance meeting on the grounds I was off sick but I insisted I wanted it sooner rather than later.

Had my grievance meeting early March - was told outcome of said meeting would take a couple of months - I started EC process immediately as I was perfectly entitled to do. Settlement was agreed early April.

So yes, it is entirely possible to start EC and not wait for the outcome of your grievance meeting. If you are hoping for a tribunal it will probably go against you that you didn't wait for outcome of grievance.

If you just want a quick settlement then out then I absolutely would (and did) start EC instead of being dicked around by internal processes.

[swingofthings]

You have made it clear to your employer that you expect them to 'pay' for what you consider to be mistreatment from them. They are inevitably reacting defensively and like you are getting advice on how to pursue you so not to have to give you anything.

They have said that they will deal with the grievance once you come back to work. This is perfectly reasonable. Thry know already that thry won't agree to the demands you've made, and they suspect, and rightly so, that you won't come back unless they do, so a grievance hearing seems a waste of time for everyone at this point.

They are looking at the merit of the grievance be ause as many posters have told you, your demands are unreasonable. It's not the issues that you raised they consider of no merit, it's your demands.

You know that the Council will have a legal department and already access to legal advice. They are in a much stronger position than you are.

Sadly you seem to refuse to listen to any advice from anyone, your union, you company and strangers here with experience. You are approaching this matter with an ax to ground, and you are lteeing your emotions lead you on rather than approaching it from a purely legal perspective.

You are clearly totally convinced that they have treated you badly because you have ended hurt, battered and angry, but this doesn't prove in itself that they have acted outside of the law. You've already taken the law in your end and decided that they have.

Unless you take a step back and let yourself be directed by experts rather than seeking everywhere advice to take you to the outcome you've already decided you deserve, you are going to end up more battered.

You would know that court cases are extremely difficult and emotionally, intellectually and physically exhausting, with claimants only very rarely getting what they wanted, even though they all felt like you that thry had a solid case of obvious mistreatment.

You ignored advice to go back to work and get through the grievance and now acted impulsively. Please listen to your union, you've been paying them for their advice, they are there to guide you.

[swingofthings]

If you just want a quick settlement then out then I absolutely would (and did) start EC instead of being dicked around by internal processes
Company in the private sector are much likely to avoid going to court and many will have funds for settment that costs them less than going to court.

Public bodies can't really do that. They will have a budget for all legal matters, employment settlements are thrown upon. They do employ legal bods, experienced in going to court, so will take it to court if needed. In this instance, they are in a good position, OP did what they were probably advised would go in their favour.

Due to OP's role, it is even more imperative that they follow the legal process correctly, otherwise, it is potentially opening a dam for everyone with a disability starting a legal process hoping for a conciliation by setting a signiglficant precedence.

[daisychain01]

I agree with your post swingofthings.

Unfortunately the OP is unwilling to 'join the dots' and recognise that the (not insignificant) costs involved in this entire action is being funded by taxpayer money and their organisation is under an obligation to mitigate cost as much as possible, so a substantial pay-off (eg a year's salary) is out of the question.

[daisychain01]

Anecdotally stating that the OP could get a quick settlement by going down the EC route is very misleading and gives the OP inaccurate false hope. Whilst they may not like the things posters have been telling them, we are being fairer by being candid and pragmatic, albeit a bitter pill to swallow.

Life isn't always fair but the reality is that the law provides the guidelines around which employers operate. Taking a PS organisation through the legal process is not for the faint-hearted and could cause mental anguish and frustration that far outweighs any outcome the OP will ever get through the process that can last a year +

[daisychain01]

FWIW - if an organisation violated the boundaries of what I find acceptable to the extent to which your organisation has subjected you, I wouldn't be locking horns with them with a view to remaining employed by them.

It begs the question as to why you would want to stay employed by an organisation that treats you as badly, and repeatedly discriminated against you over so many years, as you have reported on here. That must surely indicate there is no longer the trust and confidence that is the basis of a healthy and viable employment contract.

[thelonelyones]

thank you for the feedback.

It's not a council I work in

I am trying to find alternative employment but I have not had success yet.

[daisychain01]

Even while you are going through this EC process, do keep trying for interviews. If you have a stable career history on your CV it will stand you in very good stead. If you have alternative options, a 'Plan B', it will empower you.