Formal Grievance before Employment Tribunal Claim

[Naetha]

Having just been made redundant while on maternity leave, I'm currently filling in the form for submitting an Employment Tribunal Claim.

It's just been flagged that I need to submit a formal grievance first though.

When I received my redundancy notice, I appealed against it, but didn't submit a formal grievance. I figured as I was no longer employed by them, the grievance process no longer applied to me.

Can anyone confirm this?

Also the date by which I have to submit the Claim form - is this 90 days from getting my notice, or 90 days from their refusal of my appeal?

Who's told you this Naetha? Is it your solicitor?

You do normally have to put in a grievance for sex discrimination, but if you've been dismissed and the claim is relating to that dismissal - in other words you are claiming unfair dismissal and sex discrimination as well all about the dismissal, then you don't have to raise a grievance.

The 3 month time limit is normally from the date of dismissal.

Have a look through this section of the Equality Human Rights website for more information, but I do recommend you talk these things through with your solicitor - I am assuming you have one?

I don't have a solicitor, no.

I did get some legal advice a couple of months ago, and I was told that it was fairly easy to do the tribunal claim form yourself.

Problem is, with everything else, this has been a lower priority (I know, I know, I should have prioritised it higher, but Christmas, family illness, job hunting etc...) and to cut to the chase - I have one week until it is 90 days from the date of dismissal.

Should I go out last minute and get a solicitor, or is this something I really can do?

You need a solicitor. In theory you can bring a tribunal claim yourself, that's the whole idea, and the form itself is fairly accessible.

But in reality, especially if it's a complex case involving unfair dismissal and sex discrimination rather than something very straightforward and easy to prove, such as being kicked out without any hearings or anything, then to have a reasonable chance you must have a solicitor.

When am I likely to need the solicitor the most - the initial submission, or later on in the process?

I'm not too worried about the cost, just worried I've left it too late.

Sorry, another Q - is it from the date I was dismissed (the 10th) or the date I received the letter (the 12th?).

I'm guessing the 10th.

You need a solicitor for both, they will advise you on how good a case you have and likely outcomes, they will prepare your submission in the best way possible to give your case more chance of success, and should it come to negotiating a settlement, as is likely, they will do that, or should it go all the way they will obviously be needed then.

Date of dismissal is when the clock starts ticking.

All done - seeing the solicitor tomorrow. just wish I'd done it that way from the start, but everybody assured me that it was the sort of thing I could do myself and I didn't need to pay for a solicitor.

Ah well.

Thanks for the advice again

Glad to hear it. In theory you absolutely can do it yourself, but in practice for this kind of claim you really do need a solicitor helping you.