Employment tribunal hearing coming up

[Emmzzi]

Hi,

 

unfortunately "is it annoying" is not the same as "is it illegal." What did you actually bring the ET claim for (that is what reason did you put on the form) and what hearing is this? Preliminary or something else? Have you been through ACAS conciliation?

 

1. holiday. In the absence of a written policy an employer can tell you to take holiday any time they like. I can't see a case here unless information is missing.

2. Shifts. Did you put in a flexible working request? If not, I am not sure you have exhausted internal procedures, so not really a case here.

3. Presumably you had paid leave at another time. As per 1, not illegal. Your choice to take 4 weeks at once. They could have refused it entirely.

4. You are not obliged to read emails or answer calls on your days off so this sounds like your choice and is not harassment. The error in clocking - *maybe* there is something there.

 

Perhaps more information would make your case seem more likely to succeed?

Edited March 13, 2023 by Emmzzi

[Emmzzi]

holidays - I'd need to see the exact wording in your contract. "How to book" is not the same as "what you are permitted to book" so the detail matters.

 

shifts - nothing documented - I assume you have a contract clause which may allow them to vary shifts? please check this. 

 

they do not need a reason to refuse leave, they just can

 

you could have informed them in writing no emails to your personal account would be read, then blocked the domain. Shaky ground there.

 

have you appealed against grievance outcomes - thereby exhausting internal processes?

have you submitted new grievances which would bring this into scope?

 

In refusing to acknowledge the claim - do you mean the court has sent documents, and they have not responded?

 

Sorry for all the questions. The details matter a lot!

 

Personally I'd be looking for a settlement agreement because toxic bosses are exhausting.

[Emmzzi]

Thanks for posting.

 

In the absence of explicit contractual terms, this applies - if they told you that you could have 2 weeks, and you took four anyway - they are still within the law.

 

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

Holiday entitlement: Booking time off - GOV.UK

WWW.GOV.UK

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Holiday entitlement or annual leave - information for employers and workers on entitlement, calculating leave, taking leave, accruing leave and disputes

 

 

Employers can:

• tell their staff to take leave, for example bank holidays or Christmas
• restrict when leave can be taken, for example at certain busy periods

As regards sexism - you would need to show this happened BECAUSE you are female, not just that you happen to be female.

 

Note bullying is often insufficient grounds for a case, you need to show harassment. 

 

Being bullied: If you're treated unfairly at work - Acas

WWW.ACAS.ORG.UK

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What counts as bullying and what you can do if you're being bullied at work.

 

[Emmzzi]

Well, it's not a thing I have encountered before, so I could be wrong and I hope I am.

 

I don't think it's clear cut. My estimate falls more on the side of "no case to answer." But, I am not a judge.

[Emmzzi]

The claimant in that case had a formal flexible working agreement.

 

Put in a formal flexible working request, taking advice on the wording, so they can't keep changing your shifts. That gives you a proper audit trail for any future case you may bring.

 

Again, being awkward? is not illegal.

Edited March 14, 2023 by Emmzzi

[Emmzzi]

If you want fixed shifts put in a formal request. Then they have to explain why you cannot have them; and then you have something that is actually actionable.

[Emmzzi]

2 hours ago, Nicky Boy said:

With all the turmoil I caused, nobody ever sent an email to discuss this?

I'd say it's unbelievable.

 

From memory of my OH's tribunal case, I seem to remember that there is a right to inspect your own (original) entire personnel file in person?

Could be interesting to look through the file yourself.

Maybe request this in writing?

I haven't used paper for personnel files in ages - too difficult with GDPR, and what needs shredding when. Company dependent, but I would not expect it to be a thing. However, the data storage guidelines may be a useful thing to get hold of?(Who stores what and where, for what purpose, and how long? No actual documents, just policy.) I would happily share that with any employee concerned about data.

[Emmzzi]

On 25/07/2023 at 19:35, Nicky Boy said:

 

Emmzii, that's interesting about document storage. What do you do about handwritten notes from meetings? Scan them to pdf?

 

We do. Although we also sometimes do a video meeting and just have a recording of it, instead. I have no fear of recordings because we don't say stupid things at them!

re: discussing things by email: my managers know they get a severe taking to for that. The most you will see is "case conference" in their diary. When we have discussed what us legal and what is not, then we will start documenting things, having got any nonsensical ideas out of the way first. Never put your ignorance in writing, is a decent rule.

That is not to say we won't expedite a situation with for example an agreement to part ways as friends, instead of following procedure. But I will have discussed options with managers in private - like coaching for them - before we get there.