News1 min ago
How long for an industrial /employment tribunal to hear a case?
My female friend was working as a carer in a residential home for the elderly, and subjected to bullying and harrassment by colleagues and management. Her complaints, documented, go back eighteen months, and have been ignored by various levels of management. She cannot go back to her job because of stress related illness brought on by her treatment, and the union is taking on her case.
Two questions.
1)How much compensation would she expect for constructive dismissal?
2)How long before the whole matter is concluded?
Two questions.
1)How much compensation would she expect for constructive dismissal?
2)How long before the whole matter is concluded?
Answers
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Oh good...!!
Get her to write to the Chief Executive and, quoting the Freedom of Information Act, (FOI) ask her to request copies of all documents, management notes, emails, faxes and any other communications relevant to her complaint.
Now, local authorities employees do not like blame - which is why things get passed around. It's a form of Teflon diplomacy - nothing sticks.
A request under the FOI MUST by law be answered in 21 days - there are penalties for failure and it will put the fear of God into the people who are approached for the info.
It will also document any lapses, failures or breaches of personnel procedure etc. which should strengthen your case.
Unlike toothpaste, you need to squeeze from the top.
Keep me posted.
Get her to write to the Chief Executive and, quoting the Freedom of Information Act, (FOI) ask her to request copies of all documents, management notes, emails, faxes and any other communications relevant to her complaint.
Now, local authorities employees do not like blame - which is why things get passed around. It's a form of Teflon diplomacy - nothing sticks.
A request under the FOI MUST by law be answered in 21 days - there are penalties for failure and it will put the fear of God into the people who are approached for the info.
It will also document any lapses, failures or breaches of personnel procedure etc. which should strengthen your case.
Unlike toothpaste, you need to squeeze from the top.
Keep me posted.
Scotchollie - There is indeed a God - your post was an answer to my prayers.
I and my friend are often critical of the, "compensation culture" where everybody is suing everybody else at the drop of a hat, but this case is a terrible catalogue of the utmost misery and ill health for my friend, and as she will not work again, simple justice I believe would require her to be fairly compensated. She is not a gold digger, but in her pursuit of justice, she needs all of the help she can get.
Your advice is precious, and equally precious is your very kind request to be kept informed.
I shall help my friend by passing on your information to her, and by keeping you posted regarding her progress. Many thanks.
I and my friend are often critical of the, "compensation culture" where everybody is suing everybody else at the drop of a hat, but this case is a terrible catalogue of the utmost misery and ill health for my friend, and as she will not work again, simple justice I believe would require her to be fairly compensated. She is not a gold digger, but in her pursuit of justice, she needs all of the help she can get.
Your advice is precious, and equally precious is your very kind request to be kept informed.
I shall help my friend by passing on your information to her, and by keeping you posted regarding her progress. Many thanks.
Ah, Theland, I often think how unfortunate we are to live in a society where there is such a big disparity between justice and the law.
Tell your friend not to give anything away in her letter.
Simply state that she has brought a formal complaint and has not had it resolved to her satisfaction.
List the names of people involved and close by saying I look foward to hearing from you.
Don't volunteer anything that might show your hand. It's up to the LA to find everything - including stuff you already have.
And it would be most interesting if, in responding, they fail to send you information you already have...
Suggest you copy your local MP and councillor on the letter - just for the hell of it!!
Tell your friend not to give anything away in her letter.
Simply state that she has brought a formal complaint and has not had it resolved to her satisfaction.
List the names of people involved and close by saying I look foward to hearing from you.
Don't volunteer anything that might show your hand. It's up to the LA to find everything - including stuff you already have.
And it would be most interesting if, in responding, they fail to send you information you already have...
Suggest you copy your local MP and councillor on the letter - just for the hell of it!!
Scotchollie - I am so, so tempted to start writing as you suggest, but my natural caution calls for restraint.
My friend has spoken on the telephone with the full time union official, and has to attend a meeting with this person on Thursday, tomorrow morning.
Without casting doubts on the union officials abilities, I am neverthelss undecided as to whether to tell my friend to get cracking writing the letter to the LA, or simply pass on your information to the union.
What would you advise?
My friend has spoken on the telephone with the full time union official, and has to attend a meeting with this person on Thursday, tomorrow morning.
Without casting doubts on the union officials abilities, I am neverthelss undecided as to whether to tell my friend to get cracking writing the letter to the LA, or simply pass on your information to the union.
What would you advise?
Scotchlie is wrong about the FOI act in a couple of areas.
Firstly, subject organisations must reply within 20 *working* days after reciept of the request, not '21 days'.
Under FOI, the subject organisation is not allowed to take any account of who is requesting the information, nor why they are making the enquiry. Unless it helps to frame your request more clearly don't bother saying why you want the info. They don't care.
There's no point copying in your MP or Councillor at this stage. They will only be entitled to the same information you are and will not care that an individual is requesting something under FOI. They might care about a complaint, but not an FOI request.
Although it's tempting, and perfectly allowed, do not be tempted to aggregate your FOI with a complaint as this may (it shouldn't, but in practice it often does) lead to delays.
If the subject authority fails to provide the information which you are seeking, you need to go through their internal complaints procedure. Once this is exhausted, you would be able to go to the Information Commissioner with your complaint.
There's very little point addressing any such request to the CE, since the CE won't be the one answering it and won't particularly give two hoots that you've lodged an FOI request. Look on the website of the relevant authority and find out the direct address of the FOI team instead.
******** HOWEVER **********
Firstly, subject organisations must reply within 20 *working* days after reciept of the request, not '21 days'.
Under FOI, the subject organisation is not allowed to take any account of who is requesting the information, nor why they are making the enquiry. Unless it helps to frame your request more clearly don't bother saying why you want the info. They don't care.
There's no point copying in your MP or Councillor at this stage. They will only be entitled to the same information you are and will not care that an individual is requesting something under FOI. They might care about a complaint, but not an FOI request.
Although it's tempting, and perfectly allowed, do not be tempted to aggregate your FOI with a complaint as this may (it shouldn't, but in practice it often does) lead to delays.
If the subject authority fails to provide the information which you are seeking, you need to go through their internal complaints procedure. Once this is exhausted, you would be able to go to the Information Commissioner with your complaint.
There's very little point addressing any such request to the CE, since the CE won't be the one answering it and won't particularly give two hoots that you've lodged an FOI request. Look on the website of the relevant authority and find out the direct address of the FOI team instead.
******** HOWEVER **********
...before you get carried away and start sending off a request most importantly of all, it is about information relating to an individual. It is therefore is exempt under the Freedom of Information Act, under Section 40: Personal Information.
What you actually need to do is make a Subject Access Request under the Data Protection Act 1998. The authority is entitled to charge a fee of �10 for access to this information. Simply detail the information to which you seek to have access as succintly as you can. Do not tell them why you want it. It's irrelevant to their compliance.
Information held in manual, unstructured files (which, depending on the organisation does it's records management, may relate to all paper files) is NOT covered by the DPA, and regretably you will find it hard to get access to this information.
Good luck.
What you actually need to do is make a Subject Access Request under the Data Protection Act 1998. The authority is entitled to charge a fee of �10 for access to this information. Simply detail the information to which you seek to have access as succintly as you can. Do not tell them why you want it. It's irrelevant to their compliance.
Information held in manual, unstructured files (which, depending on the organisation does it's records management, may relate to all paper files) is NOT covered by the DPA, and regretably you will find it hard to get access to this information.
Good luck.
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