Query about timescales for submission to employment tribunal

[MumtoBen]

A problem with my employer first arose on 27th Feb 08. After a month of informal discussions to resolve the problem I have submitted a grievance and my hearing is tomorrow. This is stage 1 of the process. The grievance process is 3 stages long and would take about 3 months to complete.

I have posted on mumsnet before and I thought you had to apply to a tribunal within 3 months of the situation first arising. But my trade union rep has said that you have to complete the internal grievance process before you can be referred to a solicitor who would then help you submit to a tribunal. But would this then be too late?

Check it out with an employment specialist. I heard recently that there had been a change in the rules governing this. Whereas normally submitting a grievance would give you an extra 3 months to submit a claim to a tribunal, this is apparently no longer the case. You do need to go through the grievance procedure first, but it may be possible to submit a claim to a tribunal to cover your back before the grievance procedure is completed. I'm not sure how it works now, so it really is best to get specialist advice. After all, any company can drag out the grievance procedure so long that you are out of time to submit to a tribunal, so there must be some sort of mechanism to avoid this.

The ET1 form says you have to have submit a grievance. Then allow 28 days. Then you can submit to the tribunal. It is my interpretation of it anyway!!!

I think I will have to check it out with a solicitor as you suggest.

Check to see if your local CAB has an employment specialist. Not all do, but they are very good if they have one. If your local CAB doesn't have one, ask them for the nearest one that does.

Whereabouts are you?

I am in Bristol. I have legal cover through my home insurance on employment issues, so think I will give them a ring.

If not I will try the CAB. Thank you Freckle.

Employment Tribunal website telling you all about time limits and how to make your claim.

Not sure what your union mean about you can't be referred to a solicitor before finishing your grievance procedure, of course you can speak to a solicitor as soon as you like! I agree with Freckle try CAB.

used to work in HR - ET's look more favorably on a case if you have followed your employers internal procedures before submitting an IT1 - you must do this before 3 months have elapsed from the date of the final decision being given to you by your employer

my friend had a visit like this and we were all suss they were checking up on her. Turned out it was for her benefit, to see what they could do to help.

iirc there is an automatic 3 month extension if whatever your problem is is covered by the statutory grievance procedure where as you have discovered you must go through a grievance before the tribunal will consider your claim. So you should be fine.

sorry for rubbish sentence, am holding ds hope that made sense

That's the problem, flowery. I was informed recently that this had changed. I don't have all the details, but MumtoBen needs to check out the current legislation to ensure that she isn't time-barred because her employers are dragging their heels.

oh really Freckle? If you remember where you heard that or come across detail that would be helpful, I can't find anything either way.

Definitely speak to CAB anyway mumtoben obviously, don't just sit there because of what your union say.

Thanks Flowery & Freckle.

It's really important I meet the timescales as I have had to resign and have therefore lost out financially and losing my service. My union rep seems a bit unreliable. I've tried ringing her about 30 times and she rarely rings me back, so have lost a bit of confidence. I'll try and get her to refer to a solicitor now.

Will get on to the CAB.

I work for CAB and we have a newly-appointed employment specialist (she's part-time and the rest of the time she is employed by a local firm of solicitors as an employment specialist). At a recent meeting (last Thursday) she mentioned a recent change but also said that things were not very clear at the moment. She therefore advised telling clients to stick to the original 3 months' time limit to avoid being time barred.

I'm not back at work until after the school holidays but will try to find out more then.

MumtoBen,

The law hasn't changed. You still have six months to bring a claim (i) where you you needed legally to raise a grievance before doing so; and (ii) where you have raised that grievance.

You do not get six months to bring a claim if your complaint does not fall within the grievance procedure. You get the normal three.

As an example, say you were being made redundant but thought that the real reason was your pregnancy. You might choose to raise a grievance, but actually all you have to do is include the complaint in your appeal. Tehre is no legal obligation to do a grievance. That means that, because (i) hasn't been fulfilled, you don't get the extension. It is the normal three month limit.

As you can see, it is pretty technical. If you are doing this on your own I would put the claim in within three months. If it's too early then the tribunal will tell you and epxlain what you need to do next. You can then try again. If you're represented, ask your solicitor. As you can see, it's complicated - but they will know the rules.

Also bear in mind that the only bits of the claim that get the extension are those which satisfy (i) and (ii), so if you wait for six months and some claims don't fall within the grievance procedure then they will be out of time.

Thanks for replying Ribenaberry. I would satisfy point ii, but not sure if I satisfy point i. I'm going to try and get the union to refer onto their solicitors asap.

Freckle - if you do get a chance to get advice from your friend and post back that would be great.

If you have cover via your own insurance don't wait to be referred to a solicitor through the union. You can instruct your own solicitor. Important I think if you have lost confidence in the union.