time out for ET1

[rhythmdivine]

Hi I have a question in 2 parts hope you can help?

 

I have written a Grievance Letter to Employer, relating to a Sex Discrimination (Maternity) issue, as well as a second letter asking why I was suspended (no grounds given I was just escorted from the building), received no reply in more than a month, just sat at home

 

Then chased it asking for communication.. received a 2 line reply saying lawyers would contact me but that the employer would reply in their own time

 

First part:

 

How long should I wait for a reply from my employer before it is reasonable to complete and submit an ET1 after issuing the initial Grievance Letter? and

What is the deadline for completing and submitting the ET1 - is it 3 months minus one day after I issued the Grievance Letter?

 

Second part:

 

If my Holiday and Maternity Leave (that should be received, not clear whether the employer intends to pay them) fall within the window, would I still be expected to comply with Grievance procedures and attend Grievance meetings during Holiday / Maternity times, or would the deadline for submitting the ET1 be extended and those things taken out of the time equation?

 

I hope these questions make sense. I am concerned about there being a 'time out' on my ability to take my employer to a Tribunal.

[Emmzzi]

3 months less a day since the incident, not the grievance.

 

are they still paying you? what's the maternity issue?

[SweetLorraine]

Don't you know why you have been suspended?

[Pusillanimous]

Lodge an ET1 form as soon as possible citing victimisation for making a Sex Discrimination grievance and also detriment for the suspension with no reasons given. Under the Employment Rights Act you have a legal right to a written statement of reasons for dismissal. However, as you have merely been "suspended", then in your place I would probably notify them that unless I receive written reasons for the suspension within seven days, I would consider myself to have been contructively dismissed and cite the breach of contract (trust) in their escorting you out when you made a sex discrimination / maternity rights complaint. If you are going to make a tribunal complaint, I would do it sooner rather than later. You can always withdraw it if you get redress in the meantime. HOWEVER, an employer can suspend on medical grounds in pregnancy cases.

[billybobynumeroduo]

Hi quick question,

 

if you have missed the 3 month deadline for ET1 what other remedy is available to a claimant?

 

A)Is there any remedy in the ET? I would imagine not

 

B) What about Civil Action?

 

Regards

[steampowered]

I think you have to take a conservative approach to timelines. If this ends up being a dismissal you will need to treat your deadline as 3m-minus-a-day from the date of suspension.

 

A month is a very long time. But if you are still being paid I would be inclined to wait it out for a little longer personally. I'm not sure there is much to be achieved by going all guns blazing as you do not yet know what the accusation against you is.

 

Hi quick question,

 

if you have missed the 3 month deadline for ET1 what other remedy is available to a claimant?

 

A)Is there any remedy in the ET? I would imagine not

 

B) What about Civil Action?

 

Regards

 

No real remedy in the ET. Could be a county court action for payment of wages during what should have been the notice period. That's probably about it.