Next steps - I’m so confused

[Hallelujah2020]

Been discriminated against (disability) and bullied by a new member of staff. Raised a grievance two weeks ago and four days ago also sent witness statement from a colleague which included things that this member of staff has been saying about me whilst I’ve been off.

I have one response from employee relations six days ago saying they’d let me know when a hearing manager has been appointed. Nothing since.

I am currently signed off sick with stress which has impacted my disability and it’s become obvious I can’t return. I have been there a very long time.

I’m feeling that my next step is to ask for a without prejudice discussion re a settlement agreement which includes PILON so I can just go but I’m unsure how I word email.

I also have an interview next week which I obviously don’t know if I’m going to get but if I did it would only be an unconditional offer initially whilst references taken up.

If I emailed work Monday re opening conversation re settlement agreement and then they were contacted asking them for a reference I guess from their point of view they’ve no need to produce an agreement.

So should I wait to see if I get an unconditional offer first and if I do I’ll just forget asking for settlement?

I have spoken to ACAS who advised that work are not investigating grievance in a timely manner and I could go down tribunal route etc after checking with a solicitor that they believe I have a case. But I feel ultimately this is just too much stress.

Thanks in advance

I’m so sorry you’re going through this.

I’m not an expert but I think you can ask for a ‘protected conversation’ where you can talk about potential settlements, including agreed references, to basically drop the issue and go away quietly, but neither party is allowed to use what’s discussed in that conversation further in making their case.

But also know that few cases actually make it as far as tribunal after being logged with Acas, employers almost always settle before it gets that far.

Good luck with the interview!

I have spoken to ACAS who advised that work are not investigating grievance in a timely manner and I could go down tribunal route etc after checking with a solicitor that they believe I have a case.

I do not understand this at all. It sounds like you have either misunderstood (although I doubt it) or, as is quite common, ACAS advisors don't have a clue. You do know that this is a call centre and they have scripts? They are not necessarily qualified in law, never mind employment law.

(a) You are signed off work with stress. On that basis the employer is very likely to proceed with caution (and slowly) because they have a duty of care not to make things worse or harass you whilst off sick. In some cases employers are very reluctant to proceed with grievances whilst somebody is off sick, and especially in the initial period of sickness.

(b) You raised a grievance two weeks and four days ago and they told you six days ago that they were in the process of appointing a hearing manager. That is absolutely not a slow response - such grievances and investigations can take several weeks or more. I have commonly seen them take 2-3 months in complex cases where discrimination is claimed, and especially where the complaining person is off sick.

(c) You are under no obligation to consult a solicitor about anything - consulting a solicitor - if you can afford it - might be sensible. When and IF your grievance is not dealt with or you lose it and any appeal. Until that time it is premature to consult a solicitor. They can do nothing for you. I assume you are not in a union?

I would be exceptionally surprised if any employer was even willing to consider a settlement at this time. With respect, you cannot say "it is obvious that you can't return" - the entire point of raising a grievance (and what underpins all employment law) is to manage employment relationships in such a way as to keep you in your job. It is far too early in the process to say that you can't return, and it would be very inadvisable to do so. That would tell the employer that no matter what they do to resolve it, you won't come back to work. The quickest way to get rid of you at neither cost nor risk would be to resolve it! Resolving it to your liking isn't a requirement - only acting in such a way that a reasonable employer would. So they could, if your complaint is found to have merit, issue the person with a warning, even a final warning if circumstances warrant it, and then tell you to return to work. If you don't return you have shot any case you might have. Meanwhile you rack up sickness absence that makes future employers potentially very nervous about employing you, and hand the employer grounds to dismiss you based on sickness absence if you don't return.

With regards to proceeding whilst I am off sick I made it clear that I wanted things to be resolved so I could return to work (this was before other things came to light) and after this initial email I then got a reply saying I would be contacted when they had a hearing manager.

Perhaps I am expecting things to happen too quickly but this company unfortunately has a history of just not responding to employee complaints.

To return currently my return to work interview would be with the person who’s been discriminating against me and I’d also be working alongside her.

I also have reasonable adjustments in place that due to staff leaving aren’t being accommodated and when I bring this up I’m told there isn’t the money to get any help. Nobody has had an official conversation re reasonable adjustments no longer being able to be accommodated. I have raised concerns and they have been ignored or told as above.

That may be the case. It doesn't change what I have said. I am not telling you that you must go back to work right now, but the longer you are off then the slower it will be. You may have told them to proceed - and they are doing that. But that doesn't mean that (a) they do not have to be careful as you are off sick and (b) that things proceed at the speed that you want them to.

I am also going to say something you don't want to hear - and if you read back some of my recent posts you will find out that I have been exactly where you are - if they resolve this, then it does not have to be the way that you want it resolving, and that is supposing that they support your view anyway. That doesn't mean that you if it is resolved in a way you don't like then you have a case.

The bottom line is that unless you see the full grievance procedure through - to appeal if necessary - then you weaken your case. And you are a long way off being able to say you won't or can't go back, and any indication that that is the case is playing right into their hands. So it is way to early to talk about settlement agreements - unless you are willing to accept a low ball offer and they also really want you gone. And the minute they hear about any interview, they will hold out for ever. You are signalling you will leave and then they have nothing to worry about.