IF, I were to resign which would be very unlikely, would they still have to pay holiday and notice?

I'm aware that holiday is accrued although I've no idea how enforceable it is as they said it's not allowed. Is that even legal?

Since 2008.

I've been absent for work for 2 years and I'm still employed without any pay or SSP. Why haven't I been dismissed for capability? Seems a long time to continue to employ an absent person and I wondered what reasons a company would have to let it go on for so long.

Yes but they aren't willing to talk about the ET unless there fee's are met

To try and do a bried summary, I've copied and pasted this from the first link (second page) Sorry if it's confusing but I hope the following will shed some light on matters:- I was the victim of an armed robbery at work at knife point. I was knocked out when one of them hit me over the head with something then given a kicking by both when I was down. My grievance was raised because the robbers got into the building by one of the staff giving them a key they took from the site managers office. I showed evidence to the Police that they had got into the building before and stolen goods and the robbers even had the nerve to return the week after the robbery (after I returned back to work) as my works did not nothing to change locks, security, etc. When they returned that really spooked me big time and I have been unable to go anywhere near the place. The Police have said it was an inside job. The robbers were never caught and the case has been closed unless further evidence comes to light. I asked what the outcome was on the internal works investigation and was told there wasn't one and they have no idea how the key went missing. They have covered there backs quite well while either ignoring me or with misleading and false facts. I have been off work since last October (2011) and no longer paid either employee pay or SSP, only IIB. The first grievance meeting I had I recorded and when they produced there outcome, I contested it and produced a copy of my own minutes to prove the outcome was misleading and flawed. Since doing that it has been a real struggle - as expected - to get either any help or support from my employers. I have been asking them for copies of policy and procedures for months and they say they don't exist and there is no written statements concerning any policies. I caught them lieing a while ago and tried to raise another grievance as they wouldn't allow new points - they were not interested in hearing my new grievances which included that I had lost any trust and confidence for trying to bully and harrass me into a meeting with them. They claimed a fellow worker attended a meeting I was due to go to but the meeting was never confirmed and no time ever mentioned. I also asked for reasonable adjustments to be made because of my condition and for a copy of the discrimination policy - they claim they do not have one. When I asked about lone worker risk assessments they told me I should know where they are and when I said I didn't know and I asked the Director where they were, they did not know but just stated that they will be there somwhere ...... So basically, where I am sat today is. I've had two grievance meetings AND an appeal and all have been recorded. I've had three outcomes which I do not agree with and do not match what was recorded in the meetings. The last meeting, which was the appeal has cherry picked what they wanted to, dismissed my version of the minutes and now told me that the matter is now closed. They refused to hear a new grievance so I raised my ET1. Hope that makes sense? I'm sure I have left other things out hence me posting up the other threads.

Hi, I should of done that yesterday, whoops. This is me under different username but it does state why:- http://www.consumeractiongroup.co.uk/forum/showthread.php?347021-Grievance-procedure-and-policies&p=3803642#post3803642 http://www.consumeractiongroup.co.uk/forum/showthread.php?338214-Been-accompanied-in-grievance-meetings-question.&p=3721203#post3721203 http://www.consumeractiongroup.co.uk/forum/showthread.php?348346-Recording-meetings-with-employers&p=3829668#post3829668 http://www.consumeractiongroup.co.uk/forum/showthread.php?358333-Potential-ET-time-and-claim-limit&p=3912460#post3912460 There is one more which I need to dig out which from memory is the first post made. HTH's

Hi, I'm struggling to get my head around this for some reason. I have a PHR for the following matters to be decided: 1. Whether to strike out all or part of claim as it has no reasonable prospect of success. 2. To ascertain what is/are the claims. What the issues are in the claim - the matters in dispute the ET will decide. Whether any further information is required of either the claim or grounds for resistance. 3. To make such orders as appropriate for the hearing inc disclosure of relevant documents, preparation of sets of documents, preparation and exchange of witness statements. 4. Allocating time for hearing after consideration of the parties estimates of it's likely length and to fix date of hearing. 5. To make such other orders and directions to achieve an early and just conclusion of the proceedings. Lastly, to consider that some or all of any party's case has little or no reasonable prospect of success to make an order for up to a £1000 deposit. I have submitted ET1 for Disabilty discrimination, breach of implied mutual trust and confidence, failure to follow own grievance procedure/failure to hear new grievance, failure to make reasonable adjustments and support any return to work, protected disclosure. Although with the p/disclosure, I now think technically it was not made in good faith so will ask for it to be withdrawn - what's the best way to word it without rubbishing other claims? Respondent has said my claim is time barred, no disabilty exists, protected disclosure not made in good faith, lack of reasonable belief, no detriment and requested the PHR. They submitted a 28 page ET3. I've never been to an ET although have read up on them and no idea what to take with me to this PHR. Also, I remember a few posts on here stating do not resign while still been employed. Why? Would using test case be helpful for my claim at the PHR and where would I find the relevant ones? Any advice much appreciated.

A quick update. I've supplied the medical report and personal statement requested for the ET to assess both my report and statement before any PHR or other talks. I've not heard anything yet so can I presume at this stage that the ET are considering if I have a disability? Also could my previous posts be merged so if there is any useful further information available, people will know what the claim is about?

A quick update:- Employers asked me to attend meetings without informing me of any dates. I chased this up but on the ET3 recieved they claim I didn't attend them. They claim to have sent me recorded delivery letters and emails but I received nothing ..... I have recieved the ET3 from there solicitor which is very lengthy and far from correct with information, timings, etc. It states that my claim is time barred, the ET does not have jurastriction, inaccurate and should be struck out. My claim of disclosure was not made in good faith, no disclosure of information, lack of reasonable belief and no detriment - I'm not sure about the disclosure but I wanted to submit it with the 3 month limit. They have asked for proof of any loss suffered, prove disability, prove any injury to any injury to feelings, submit any award at lowest level Vento v's Chief Constable of West Yorkshire and requested costs be awarded. The ET have sent me a form under s6 Equailty act 2010 stating the respondant does not accept I am a disabled person and attached a form for a qualified medical practioneer to fill in and to provide a copy to the respondant within an specified time limit. It then states they have 21 days to either agree or disagree and to why. I guess the headache is just beginning. Admin, any chance you could merge my threads to avoid confusion of why I'm claiming, pretty please http://www.consumeractiongroup.co.uk/forum/showthread.php?360925-Attending-grievance-disciplinary-meetings-at-work&p=3936501#post3936501 http://www.consumeractiongroup.co.uk/forum/showthread.php?338214-Been-accompanied-in-grievance-meetings-question. http://www.consumeractiongroup.co.uk/forum/showthread.php?334233-Grievance-procedure&p=3711538#post3711538 I have started doing my statement in bullet points on how the events unfolded to give a clearer more accurate picture but need to get over this hurdle first. I presume I go to my GP and ask him to fill the form out for the ET judge, copy it and then send it to the ET and respondants?

A brief update: I've not heard anything at all from my employers about any dates, whats happening, etc. I sent a recorded delivery letter to which they replied by email then promptly blocked my email again. They claim they have sent emails and letters with dates and times of hearings and that I have not replied nor attended these meetings. I've not received anything and asked for the post tracking numbers but they just stated that i will shortly recieve the outcome to these meetings which were conducted in my abscence.... I recieved there Solicitors ET3 which is laughable, although they claim they have covered everything and are requesting the ET has no jurisdication to hear the case, dismissing my claims as time barred, ridiculous and request for costs. Should I hold on as at the moment I feel like quitting the company before I am GM or is that what they want? Would it change my claim that much if either resigned under duress or should I continue to let them suicide my job out the door?

I'm not sure what happened on here but I know there were 2 replies, with one stating yes, you should go and the other stating no

My grievance started last year. By the time the appeal was heard that was in May of this year and I filed my ET just before the time limit. I sympathise with you over the lack of trust. It's not a nice thing to have to deal with.

Following on from my other posts..... I've had three previous meetings with my employers over a grievance I raised almost a year ago. After the last meeting (I recorded it) and especially with the run up to it, enough was enough and I have now escalated it to an ET. Since starting my ET and on the same day they would have recieved a copy of ET1, I've had three different requests to attend three meetings, with three different people including capability and gross misconduct. I've already told them I hold no trust and confidence in them and I believe they are clearly incapable of following the rules and procedures and are making it up as they go along. With regards to the third meeting. I have already confirmed that I wanted to make a formal complaint when I had the last meeting that I recorded - I've told them numerous times I want to go ahead with it and have put it in writing at least 4 times, but they keep saying I need to do agree that I do want to go ahead and keeps going around in circles The question is, do I have to attend these meetings or even allow them to amend things now I have started an ET claim? I hold absolute no trust or confidence in them and IMO they have shown they are incapable of holding fair and honest meetings without malice and discrimination. On a last note. When I had previously requested a copy of policy and procedure on grievances, I was told that no such thing existed. I now have a copy of what they say did not exist in my posession

Hi, can anyone advise me if I need to either reply or attend any meeting that they now propose and would it look bad for me if I chose to now ignore them. Bearing in mind they have demonstrated that they can't fairly conduct any meeting.