Compensation Offer following grievance at work
Discussion
lenny007 said:
We questioned this as my wife is concerned that something could be said in error which would scupper the whole case for us.
They have came back and stated that the meeting will be recorded, minutes transcribed and we will receive a copy of both.
There is nothing in the company's grievance procedures to state the meeting would be recorded and the first meeting was not - only minutes made by the HR bod.
They have, of course, commented that this may result in a delay as they do not think it's sufficient time for the third party to have someone there to take minutes...
tbh i'd say if she says the wrong thing its just as likely to recorded by someone taking minutes? She is probably best saying as little as possible and getting back to them after giving it some thought although im not a lawyer! They have came back and stated that the meeting will be recorded, minutes transcribed and we will receive a copy of both.
There is nothing in the company's grievance procedures to state the meeting would be recorded and the first meeting was not - only minutes made by the HR bod.
They have, of course, commented that this may result in a delay as they do not think it's sufficient time for the third party to have someone there to take minutes...
stream it live to pistonheads
edited to say this says they cant record it although the article is from 2015
https://www.crunch.co.uk/knowledge/employment/can-...
Edited by petemurphy on Monday 13th May 19:31
IanA2 said:
Sorry, I thought you said that your wife could not leave work and that therefore it had to be a "telephone hearing". So what I was asking, if she can't leave work to go to them, why don't they come to her.
I have to say I would be deeply unhappy about a telephone conversation constituting an appeal hearing. Never heard of that arrangement before.
Is not leaving work for the hearing her decision?
Ah, i see now.I have to say I would be deeply unhappy about a telephone conversation constituting an appeal hearing. Never heard of that arrangement before.
Is not leaving work for the hearing her decision?
To be honest, she works full time at the new job so getting time off for a meeting like this would have been difficult. Plus, the way we've been messed around, it was some element of regaining control from them. The gnawing feeling was that a meeting would be called, then cancelled and repeat ad infinitum.
As it happens, i'm not even sure if the third party appeals investigator is based in the NE where we are!
petemurphy said:
tbh i'd say if she says the wrong thing its just as likely to recorded by someone taking minutes? She is probably best saying as little as possible and getting back to them after giving it some thought although im not a lawyer!
stream it live to pistonheads
edited to say this says they cant record it although the article is from 2015
https://www.crunch.co.uk/knowledge/employment/can-...
That's exactly the article i read regarding the matter. stream it live to pistonheads
edited to say this says they cant record it although the article is from 2015
https://www.crunch.co.uk/knowledge/employment/can-...
Edited by petemurphy on Monday 13th May 19:31
Not sure about the streaming idea!
petemurphy said:
An employee can covertly record a grievance.... It is (in the main) admissible as evidence (Amwell School v Dogherty) .The same Principle would theoretically apply i.e. if it was relevant to an issue between the parties.
Reply from company - meeting cannot be minuted as it's a telephone hearing apparently.
"In best interests of both parties" for audio recording to "ensure transparent process" has been followed.
Totally ignored Wife's concerns and request. Disingenuous comment about transparency - does this mean previous meeting wasn't as it was noted by hand?
Told them we'll take the meeting, noting to the Consultant our unhappiness at being recorded and reserving the right to terminate the hearing if she begins to feel uncomfortable.
Not happy.
"In best interests of both parties" for audio recording to "ensure transparent process" has been followed.
Totally ignored Wife's concerns and request. Disingenuous comment about transparency - does this mean previous meeting wasn't as it was noted by hand?
Told them we'll take the meeting, noting to the Consultant our unhappiness at being recorded and reserving the right to terminate the hearing if she begins to feel uncomfortable.
Not happy.
Well, far from being a "calm, impartial and fair meeting", it was, as expected, a bit of a battle.
Far from being just about the appeal, it started and then degenerated into a leading questions and insinuation - hey ho.
Timeline for this report being issued - 7 days and no, you can't see the transcript, even though it's ready in 2 days, before then.
ACAS notified last night, contacted this morning and on to the next step.
Far from being just about the appeal, it started and then degenerated into a leading questions and insinuation - hey ho.
Timeline for this report being issued - 7 days and no, you can't see the transcript, even though it's ready in 2 days, before then.
ACAS notified last night, contacted this morning and on to the next step.
lenny007 said:
Well, far from being a "calm, impartial and fair meeting", it was, as expected, a bit of a battle.
Far from being just about the appeal, it started and then degenerated into a leading questions and insinuation - hey ho.
Timeline for this report being issued - 7 days and no, you can't see the transcript, even though it's ready in 2 days, before then.
ACAS notified last night, contacted this morning and on to the next step.
Well, assuming they did record this shambles of a meeting then this can only help you, no? Far from being just about the appeal, it started and then degenerated into a leading questions and insinuation - hey ho.
Timeline for this report being issued - 7 days and no, you can't see the transcript, even though it's ready in 2 days, before then.
ACAS notified last night, contacted this morning and on to the next step.
Will they provide the recording?DanL said:
Well, assuming they did record this shambles of a meeting then this can only help you, no? Will they provide the recording?
The transcript will be finished within 2 days of the meeting, the report completed 5 days after that and the transcript (and recording presumably) will be appended to the report. Will they provide the recording?Following the initial grievance meeting, HR allowed my wife to see the minutes and commented on them, well in advance of the report being provided.
Will be interesting to see a) the conclusions of the appeal report and b) if they will allow us to comment on the report.
I suspect not.
lenny007 said:
DanL said:
Well, assuming they did record this shambles of a meeting then this can only help you, no? Will they provide the recording?
The transcript will be finished within 2 days of the meeting, the report completed 5 days after that and the transcript (and recording presumably) will be appended to the report. Will they provide the recording?Following the initial grievance meeting, HR allowed my wife to see the minutes and commented on them, well in advance of the report being provided.
Will be interesting to see a) the conclusions of the appeal report and b) if they will allow us to comment on the report.
I suspect not.
Swampy1982 said:
surely the recording is subject to the SAR you have raised? so make sure you get hold of it if you can.
They've already said we'll get a copy of the recording as well as the transcript. Not sure if the SAR would cover this as it was submitted before this meeting.Plus, the SAR was directed at the company my wife worked for, it's parent company and any companies under the group "umbrella". Not sure this "sub-contractor", for want of a better word, would be covered under it.
Edited by lenny007 on Thursday 16th May 11:52
Small update
1. Not received the transcript nor the results of the appeal investigation. Should have been close of play Thursday. To note -
Grievance to meeting = 19 days (should have been "without delay")
Meeting to result = 38 days (should have been 5)
Appeal letter to meeting = 18 days (should have been "without delay")
Meeting to results of appeal = 2 days for transcript, 5 for results (14 days today)
2. Not heard from ACAS that company will accept early conciliation.
3. Today should have been the last date of time frame for ET = 12 weeks from grievance.
We will see what happens tomorrow / the rest of the week!
1. Not received the transcript nor the results of the appeal investigation. Should have been close of play Thursday. To note -
Grievance to meeting = 19 days (should have been "without delay")
Meeting to result = 38 days (should have been 5)
Appeal letter to meeting = 18 days (should have been "without delay")
Meeting to results of appeal = 2 days for transcript, 5 for results (14 days today)
2. Not heard from ACAS that company will accept early conciliation.
3. Today should have been the last date of time frame for ET = 12 weeks from grievance.
We will see what happens tomorrow / the rest of the week!
lenny007 said:
Small update
1. Not received the transcript nor the results of the appeal investigation. Should have been close of play Thursday. To note -
Grievance to meeting = 19 days (should have been "without delay")
Meeting to result = 38 days (should have been 5)
Appeal letter to meeting = 18 days (should have been "without delay")
Meeting to results of appeal = 2 days for transcript, 5 for results (14 days today)
2. Not heard from ACAS that company will accept early conciliation.
3. Today should have been the last date of time frame for ET = 12 weeks from grievance.
We will see what happens tomorrow / the rest of the week!
ACAS are notoriously rubbish so firstly call them for an update and go from there is my advice 1. Not received the transcript nor the results of the appeal investigation. Should have been close of play Thursday. To note -
Grievance to meeting = 19 days (should have been "without delay")
Meeting to result = 38 days (should have been 5)
Appeal letter to meeting = 18 days (should have been "without delay")
Meeting to results of appeal = 2 days for transcript, 5 for results (14 days today)
2. Not heard from ACAS that company will accept early conciliation.
3. Today should have been the last date of time frame for ET = 12 weeks from grievance.
We will see what happens tomorrow / the rest of the week!
FocusRS3 said:
ACAS are notoriously rubbish so firstly call them for an update and go from there is my advice
Emailed them this morning, they called my wife and left a message - she's called twice today and went straight to the answerphone.Still nothing from the company - but we know the VP is on holiday this week so it's possible nothing will be sorted until next Monday.
In some ways i hope this goes to a tribunal as i'd love to see them explain the reasons for the delays in getting stuff done!
lenny007 said:
Emailed them this morning, they called my wife and left a message - she's called twice today and went straight to the answerphone.
Still nothing from the company - but we know the VP is on holiday this week so it's possible nothing will be sorted until next Monday.
In some ways i hope this goes to a tribunal as i'd love to see them explain the reasons for the delays in getting stuff done!
I’m no expert but I’d say delay tactics are never viewed favourably at a hearing as the point of ACAS is that you sort out your differences without the need to go into a hearing.Still nothing from the company - but we know the VP is on holiday this week so it's possible nothing will be sorted until next Monday.
In some ways i hope this goes to a tribunal as i'd love to see them explain the reasons for the delays in getting stuff done!
I had the same which told us they were merely kicking the can until they had to settle.
I don’t know the specifics of your case so it’s hard to put an accurate spin on things but bear in mind very few ( as a %) actually go the full distance.
It’s mainly posturing in my experience
Good luck
Small update
Spoke to ACAS and they've confirmed the company are willing to enter into the conciliation process but that their position is that their final offer stands and will do throughout conciliation.
Not entirely sure how that shows they are willing to negotiate but never mind.
Also, we're now into Day 17 since the appeal hearing - when they stated we'd have the report and transcript within 7 days, which we haven't received.
Finally, on Monday, it will have been a month since the SAR was submitted and we've received nothing so far (and do not expect to either).
So yeah, it's can kicking of the highest order.
Spoke to ACAS and they've confirmed the company are willing to enter into the conciliation process but that their position is that their final offer stands and will do throughout conciliation.
Not entirely sure how that shows they are willing to negotiate but never mind.
Also, we're now into Day 17 since the appeal hearing - when they stated we'd have the report and transcript within 7 days, which we haven't received.
Finally, on Monday, it will have been a month since the SAR was submitted and we've received nothing so far (and do not expect to either).
So yeah, it's can kicking of the highest order.
Morning All
Just a quick question if anyone can help.
We submitted the SAR on the 2nd May at roughly 8pm and received an out of office e-mail straight away.
The SAR was acknowledged formally on the 6th May.
According to the ICO, the month begins on the day after receipt of the SAR - i.e the 3rd May - and therefore the month deadline expiry should be the 3rd June. However, as the company did not acknowledge (personally) receipt of the SAR until the 6th, does this mean the deadline is the 6th June?
We've heard nothing back from the company - surprise, surprise - nor any request for an extension, nor any refusal to issue information. We're ready to make a complaint via the ICO but don't want to get our dates wrong. Any help on this would be great thank you.
In other news, the appeal investigation report arrived - a week late naturally. The errors, omissions and inaccuracies in it are spectacular...
Just a quick question if anyone can help.
We submitted the SAR on the 2nd May at roughly 8pm and received an out of office e-mail straight away.
The SAR was acknowledged formally on the 6th May.
According to the ICO, the month begins on the day after receipt of the SAR - i.e the 3rd May - and therefore the month deadline expiry should be the 3rd June. However, as the company did not acknowledge (personally) receipt of the SAR until the 6th, does this mean the deadline is the 6th June?
We've heard nothing back from the company - surprise, surprise - nor any request for an extension, nor any refusal to issue information. We're ready to make a complaint via the ICO but don't want to get our dates wrong. Any help on this would be great thank you.
In other news, the appeal investigation report arrived - a week late naturally. The errors, omissions and inaccuracies in it are spectacular...
lenny007 said:
Morning All
Just a quick question if anyone can help.
We submitted the SAR on the 2nd May at roughly 8pm and received an out of office e-mail straight away.
The SAR was acknowledged formally on the 6th May.
According to the ICO, the month begins on the day after receipt of the SAR - i.e the 3rd May - and therefore the month deadline expiry should be the 3rd June. However, as the company did not acknowledge (personally) receipt of the SAR until the 6th, does this mean the deadline is the 6th June?
We've heard nothing back from the company - surprise, surprise - nor any request for an extension, nor any refusal to issue information. We're ready to make a complaint via the ICO but don't want to get our dates wrong. Any help on this would be great thank you.
In other news, the appeal investigation report arrived - a week late naturally. The errors, omissions and inaccuracies in it are spectacular...
wait until next week. no mix up in the dates then.Just a quick question if anyone can help.
We submitted the SAR on the 2nd May at roughly 8pm and received an out of office e-mail straight away.
The SAR was acknowledged formally on the 6th May.
According to the ICO, the month begins on the day after receipt of the SAR - i.e the 3rd May - and therefore the month deadline expiry should be the 3rd June. However, as the company did not acknowledge (personally) receipt of the SAR until the 6th, does this mean the deadline is the 6th June?
We've heard nothing back from the company - surprise, surprise - nor any request for an extension, nor any refusal to issue information. We're ready to make a complaint via the ICO but don't want to get our dates wrong. Any help on this would be great thank you.
In other news, the appeal investigation report arrived - a week late naturally. The errors, omissions and inaccuracies in it are spectacular...
superlightr said:
wait until next week. no mix up in the dates then.
We probably would have done but the timescale is a bit tight on waiting that long with respect to ACAS, ET's etc. Anyway, we've sought some professional advice and the complaint has gone in. I suspect that the time it'll take the ICO to get started will not be in the near future!
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