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Unfair / Constructive Dismissal.

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Theland | 04:41 Tue 25th Jan 2011 | Law
6 Answers
Please help advise my son in law, who is profoundly deaf. Has been employed for eight years as General assistant / Kitchen Porter in catering company.
He suffered bullying and harassment and reported it to his manager who did nothing. Two new temporary managers also ignored his complaints.
He went absent from work with an eye condition that his hospital specialist has said is probably stress related and not getting better.
His employer has now said he could be made redundant, because latterly in his job, he was told to look after the vending machines.
These are now contracted out, and so they have told him that his job as a, "Vending Machine Assistant," has now gone.
My son in law has never to his knowledge had his job title changed from "General Assistant / Kitchen Porter," to "Vending Machine Operator."
There are other General Assistants with less service, but the company say they do not operate a "Last In / First Out," policy, and anyway will not class my son in law as a general assistant.
At a meeting yesterday, they said they might review his situation if his eye improves.
Surely, there is either a job or not and not dependent on his eye.
I have suggested getting ET1 forms from the C.A.B. and going to an Industrial Tribunal.
I believe my son ion law is being discriminated against for two reasons. (1)Disability. (2)For having made bullying complaints.
My questions - Has he a good case to win and be compensated? Also, could I represent him, or would he need a solicitor? (We don't have money for solicitors).
Please help. My son in law is deperate.

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The CAB will advise whether your SIL has a good enough case for a tribunal. If they see in his favour they send out forms for completion, book prelimenary hearings and inform the employer of actions being taken. There is no need for solicitors (few do tribunals). More often than not a monetary compensation is agreed before it gets to the tribunal.

http://www.citizensad.../employment_tribunals
Question Author
Thank you Tamborine
As an aside the company have no legal duty to use last in first out policy
Personally I find the CAB at best, not good, and I would always use ACAS for work related issues including constructive dismissal

http://www.acas.org.u...x.aspx?articleid=1461
Question Author
Thank you PK.
We went to CAB and they thought we had a good case.
They made an appointment for us to see a specialist employment law solicitor next Monday.
Fingers crossed.
good luck Theland
CAB are very reliable as they use a template for dealing with cases. That removes any personal opinion. They may not give you than answer you want to hear but it will be the right one. Ask a lawyer and they will always say you can take it to tribunal as they have nothing to lose.

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Unfair / Constructive Dismissal.

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