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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 38533
Experience:  Expert in UK Employment Law
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Hello, long story but try to keep short as manager subject

Resolved Question:

Hello, long story but try to keep short
as manager subject to undue pressures which lead to sickness, manager was aware and argued for me to be allowed an exit strategy in an upcoming reorganisation.
Met with senior manger who, in 1 to 1 meeting, promised i would be offered 'an envelope' to finish, reorganisation took months but i managed to attend work throughout, then at meeting to discuss future posts i was told by a different manager that they new nothing about such an agreement ( i did have record of the fact that a settlement had been discussed in my supervision notes from direct line manager)
Anyway met with union who said we need to approach senior manager as ask what was going on , she refused to meet with me and union rep, union rep went to full time officer for advice but no response. i became unwell again and was off work for 14 months.
complained to CE of my employer , over 12 months to respond, they found no cause to doubt my word and apologised, i ask union why i had no support and what my options were re taking a case agianst my employer for stress at work, which i appreciate is not easy but not
impossible, i filled out a solicitor application form which was lost, i filled out a second and still did not even get a response.
I wrote to complain about lack of service from union and got no response, i gave it a year and complained about lack of response to my complaint! , they acknowledge and sent it to the people i was complaining about to investigate themselves, still no response.
I cannot afford to pursue my employer for the stress claim but having read one of your response do you think it feasible to take a small claim against union for lack of service, what do they take all the money for if not to be there as they state in there info.. thanks mary
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long you have worked there.

Customer:

Hi 30 years

Ben Jones : Suing a union is not an easy process. You will essentially be making a claim for breach of contract for the union's failure to adhere to the agreement you had entered into with them when you decided to join them. You have to check exactly what your rights were under it and what services the union had agreed to provide. If they had unreasonably failed to provide these services then you may indeed consider making a legal claim against them. However, the compensation you would be seeking would not always be what you may expect. In fact it may often only be compensation related to the membership fees you have paid and to get a refund of these. You will rarely be entitled to seek compensation for what could have happened had they helped you with a claim against the employer and the damages you would have received from your employer.
Ben Jones :

I would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you

Customer:

Hi, thanks for that, happy with service, could i just ask

Customer:

If a verbal commitment is given, (to a person who is known to be currently undergoing treatment for stress and depressed due to work related issues) and there is evidence that this occurred then all knowledge is denied, and a complaint re same takes 14 months to be responded to despite the company policy saying 28 days,and this is an NHS mental health organisation so they should know better. could i peruse my employer via small claims!!

Ben Jones, Solicitor
Satisfied Customers: 38533
Experience: Expert in UK Employment Law
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