EMPLOYEE
Welcome to HR & Diversity Management Limited
Authorised by the FCA. FRN No. 920848
We are an Award-Winning Conflict Resolution company
EMPLOYEES SERVICES
Call our FREE Helpline today 07734 701221
FORMAL PROCESSES. If you are facing a formal Grievance, Disciplinary or Performance Management process or if you have been Suspended and/or Dismissed – call us.
SETTLEMENT. If you are looking to secure an amicable resolution or a Settlement in respect of your dispute with your employer, we are authorised to advise you. (FRN 920848).
We are an alternative to an Employment Law Solicitor.
If any of the above applies – call us today for a non-obligation, confidential, discussion.
You might feel aggrieved about something happening at work but please do NOT resign. Do not make a life changing decision without speaking to us first.
We are able give employment law advice to employees.
We are employment law experts. This means we provide a cost-effective alternative to engaging Employment Law Solicitors.
If you are not a member of a Union and you cannot afford a Solicitor, or do not wish to instruct a Solicitor at this stage, or you just want someone to talk to – we are the right Company for you.
If you believe you are being subjected to something inappropriate at work such as bullying, harassment, discrimination or any form of ‘less favourable’ treatment – do something about it today.
You might believe colleagues, or management, (or both) are Colluding against you. You do have rights and you can put a stop to it.
Do NOT resign. Call us first.
A lot of employees resign from their job and then call us. Contact us before you take action.
We are highly successfully at resolving conflict in the workplace. We understand current (and past) Employment Law and we provide a complete solution to all forms of workplace conflict.
EMPLOYEES SERVICES INCLUDE
Disciplinary, Grievance, Suspension, Redundancy or even Dismissal
We also negotiate amicable settlements through the Settlement Agreement process (see below).
If you are facing a Grievance or Disciplinary at the moment, it can be a worrying time.
If you have recently been Suspended or even Dismissed and you believe your employer has not followed the correct procedure, you need to do something about it. It may be that someone has raised a Grievance naming you. Don’t worry.
You have employment rights. You have a voice. Do something about it.
If you have recently, quite suddenly, lost your job (due to Dismissal or Redundancy) with no satisfactory written explanation, you may have been subjected to an unlawful process or even wrongful dismissal.
If you have been made Redundant and you do not believe your employer has treated you fairly, seek advice immediately. You only have a small time-frame in which to take action.
Does any of this sound familiar? If it does, call us and ask to speak to an HR adviser.
Have any of the above circumstances occurred because, in your view, you raised concerns or submitted a formal complaint yourself? We may be able to help you understand your legal rights and/or identify a way forward.
We can also help you draw up formal letters such as a Stage 1 Grievance or Appeal or a Dismissal Appeal. We will help you to structure your case so that your employer understands why you are feeling aggrieved.
INVESTIGATIONS AT WORK
If you have submitted a Stage 1 Grievance or you are participating in a formal in-house investigation process, consider recommending us to to your Employer. We provide a completely impartial, independent, expert Investigation Service.
More information about our Investigation Services is found on our Employer Page.
SETTLEMENT AGREEMENTS
A Settlement Agreement is a perfectly legal solution where both the employee and employer want to ‘settle a dispute amicably’ and avoid the stress and risk of a lengthy and costly legal wrangle.
A ‘Without Prejudice Settlement Agreement’ is the legally drawn up Agreement that both employer and employee ‘sign and enter into’ in order to part company amicably – as part of an exit strategy.
At HR & Diversity Management we have the expertise to help you through such a process so call us now on 07734 701221 if this interests you.
By stating that it is a ‘Without Prejudice’ agreement you are entering into, you are stating that what follows cannot normally be used against you in court as you do not admit liability for the purposes of any subsequent legal proceedings/ The entire approach tends to be used where an employer and employer (mutually) want to part company quickly and with no fuss – under mutually agreed terms and/or where the parties acknowledge that the working relationship has come to an end but neither party wants to go through a risky, costly, lengthy and/or formal process. It is a solution!
Simply put, it is a ‘shaking of hands and an amicable, prompt, parting’ of ways.
WHAT IS ‘WITHOUT PREJUDICE’ (LEGAL DEFINITION).
Without Prejudice is a law phrase meaning ‘without abandonment of a claim, privilege or right’ and ‘without implying an admission of liability’. It is often used when a document or letter is labelled ‘without prejudice’ meaning that what follows cannot be used as evidence in a court case, cannot be taken as the signatory’s last word on the subject matter and cannot be used as a precedent.
Contents of such documents normally cannot be disclosed to the courts but, when a party proposes to settle a dispute ‘out of Court’ it is the genuineness of the effort that determines whether the proposal can be disclosed or not and not whether the words without prejudice were used. When a court case is dismissed, or a court order is issued ‘without prejudice’ it means that a new case may be brought or a new order issued on the same basis as the dismissed case or the original order.
POST-TRAUMATIC STRESS DISORDER (PTED)
You have probably heard of PTSD but have you heard of PTED? Are you feeling distressed? Are you suffering with anxiety and is it workplace anxiety? Is your distress turning to stress? Are you suffering with work related stress? Do you believe your employer is treating you unfairly? Is someone at work bullying or harassing you? Are you being subjected to an unfair disciplinary or dismissal process? Have you been suspended? Is the cost of it all impacting on your home life and your general welfare?
There is a new disorder being diagnosed in relation to workplace harassment and bullying. It’s called Post Traumatic Embitterment Disorder. It is recognised in the United States and in parts of Europe.
With PTED the victim can no longer trust anyone around him/her and the trauma in essence consumes the victim with profound “bitterness” making the victim incapable of moving on from the incident. We believe quite a few people are entrapped in their trauma and have been for many years.
When we mentioned PTED to one of our callers he said it was a ‘lightbulb moment’.
Prior to calling us, the caller said, his wife did not understand him, his employer did not understand him and nor did his doctor. When he spoke to us, he felt, for the very first time, that someone really understood.
WHAT IS PTED?
PTED is a proposed disorder modelled after Post Traumatic Stress Disorder (PTSD). Some psychiatrists are proposing this as a mental disorder because they believe there are people who have become so bitter, they can barely function. PTED patients might not fit the formal criteria for PTSD and can be clinically distinguished from it, prompting the description of a new and separate disorder. A German psychiatrist, Michael Linden, has done some ground-breaking research into this condition and describes its effect on people: “They feel the world has treated them unfairly. It’s one step more complex than anger. They’re angry plus helpless.” He says that people with the disorder are almost treatment resistant and that; These people usually don’t come to treatment, or do not respond well to treatment and/or mediation
because they believe the world has to change, not them. This may be one reason (of many perhaps) why mediation is not always successful in conflict cases. The Professor believes that 1% to 2% of people are affected at any given time, and explains that, although sufferers of the disorder tend to have a desire for vengeance, “…Revenge is not a treatment.
At HR & Diversity Management we believe the statistics are far higher.
This behaviour is so common — and so deeply destructive – that some psychiatrists are urging it be more widely identified and acknowledged as a mental illness under the name post-traumatic embitterment disorder. Embittered people are typically good people who have worked hard at something important, such as a job, relationship or activity. When something
unexpectedly awful happens — they don’t get the promotion, their spouse files for divorce or they fail to make the Olympic team — a profound sense of injustice overtakes them. Instead of dealing with the loss with the help of family and friends, they cannot let go of the feeling of being victimized. Almost immediately after the traumatic event, they become angry, pessimistic, aggressive, hopeless haters. This very severe emotional reaction can become ‘all consuming’ and negative. The degree of reaction varies.
If any of this sounds familiar, we may be able to help you.
REDUNDANCY
If you are facing redundancy or dismissal or you are worried about money (such as outgoing costs and living costs), contact one of our advisers.
If you have been recently put on Notice of Redundancy, or released (made redundant, dismissed, “let go”), and your employer did not consult with you, inform you of your right to be accompanied at the dismissal meeting, inform you of your statutory rights and put the business case in writing – or fail to inform you of your right to appeal – then you may have been dismissed unlawfully.
You really should call us within 3 months of the dismissal so that we can assess your case and advise you of your rights and your options from hereon.
HELP WITH YOUR GRIEVANCE AND APPEALS LETTERS
If you are going through a difficult time at work and it is impacting on your health, or causing you unnecessary stress, you may need advice and assistance right now. It is difficult to structure an important letter when you are feeling emotional and unwell. We can help.
Everyone has a right to be treated with dignity and respect. If you believe you are being treated unfairly or if you would like to raise matters with your employer formally, we can help. We will help you structure your case.
We would be pleased to assist you with writing your Grievance or Appeal Letter and/or we will advise you on the merit of your case and the options open to you.
Doing nothing is not an option!
CONSTRUCTIVE DISMISSAL
To bring a claim of Constructive Unfair Dismissal means you resigned due to the extreme conditions and you had no option but to resign. To make a successful claim you will need to satisfy four stages.
- That the employer breached your contract i.e.: the implied trust and confidence.
- That the employers breach was repudiatory i.e.: sufficiently serious to justify resignation
- That you resigned in response to the above breach
- That you found the treatment unacceptable. You in no way affirmed the breach in other words. You need then to set out what steps you took to raise concern through in-house procedure.
Call us for further advice.
ACAS
Call us today if you would like help with triggering the ACAS Early Conciliation process.
If you have resigned or you are thinking about resigning, you need to inform ACAS of your situation. If you resigned on grounds of Constructive Unfair Dismissal (see Constructive Dismissal above) due to the conditions you worked in, you need to make sure ACAS are informed.
Involving ACAS is mandatory.
ACAS will allocate a Case Reference number and will inform your employer that they have been contacted under the conciliatory process. This allows for a period of negotiation (settlement talks) which ACAS and HR & Diversity Management will help you through. ACAS, ourselves and your employer will liaise in the hope that an amicable resolution is reached in your case.
If settlement talks fail, ACAS will then issue a Certificate (a COT 3) allowing you to proceed to Tribunal.
You cannot proceed straight to an Employment Tribunal without following these steps and without both contacting ACAS and receiving a Certificate.
EMPLOYMENT TRIBUNAL
Call us today if you would like help with the completing of your ET1 (the Employment Tribunal form)
We provide a service specialising in assisting employees with their Employment Tribunal application (referred to as an ET1).
It is important that all questions on the ET1 form are completed correctly or a Tribunal will reject the application. Your details and your employer (the Respondent) details need to be correctly stated on the form. You will need to state your earnings (before tax) and your normal take home pay. You are asked to detail what you have done since leaving your employer and you are asked to describe what has happened and quote the dates when the events
you are complaining about happened. You are also asked to state what you want if your claim is successful.
It is a complex process. You only get one opportunity to complete the ET1 so you need to get it right first time.
Importantly, you must attach the ACAS COT 3 form and quote the full ACAS reference. This is something we can help you with also.
Call 07734 701221 for assistance.
HR & Diversity Management Limited is Regulated by the Financial Conduct Authority to do Claims Management work.
Ref: FRN 920848
Our advisers are all CIPD qualified and are also authorised by the FCA.
Our Founder was on the panel that debated the launch of The ACAS Code of Practice.
We are ICO registered and we have full Indemnity Insurance.
All our advisers are members of the Chartered Management Institute and/or Institute of Leadership and Management.
We are an Award-Winning Conflict Resolution business.
TESTIMONIALS
Below please find some testimonials from people we have helped in the past.
It will give you a real feel for the sort of work we do and how we can help you.
I could not have done without your advice and help through the grievance. As you know my case involves departmental bullying and in particular my manager and this young man (a colleague) who accused me. I cannot express my thanks enough for your advice at a time when I thought I was going to take my life. You are a great advisory, you know your stuff. May the Lord bless you and keep you and thank you so very very very much.
I would like to take this opportunity to thank you for your help, support and advice. I have been unfairly disciplined on several occasions and made to feel guilty. Innocent people have become part of the bullying without knowing so.
I would like to start by saying thank you not just for my case assessment, but also for being a friend who understands what this feels like. I don’t know how exactly I’m going to get through this however I do know I have to close the door on (Employer name). I feel like this is all I’ve dealt with for months now. I know now in my head and my heart there is no way back after what has happened. This whole situation has to a large part has broken my nerves and confidence in my peers. I just can’t take anymore. The most important part of all of this is an employment specialist yourself could see what I did and that through time will hopefully heal my head and my heart. I cried for hours yesterday again. I’m so tired now. When I needed my manager most he was not there and left me feeling so unsupported.
Keep up the good fight. You gave me the courage and strength to say no this is wrong to a very intimidating manager through time I think I’ll be a better man for it. Your dear departed friend (Tim Field) would be so proud of you. Thanks.
I contacted HR & Diversity Management at a time when I was experiencing difficulties at work and they assessed my case and made sure I was properly informed of my rights and options open to me. I thank HR&DM for their expertise, which enabled me to achieve a satisfactory outcome. I am now able to move on with my life.
Your site has gone a long way to making me better informed about the enormity and impact bullying has on a great many people and become better able to cope with my sense of injustice and anxiety. I believe being better informed about the reality of your situation helps to understand why you are in it in the first place and better able to deal with it in a ‘calm’ way (well, calmish!). I will do what I can to support your site so, yes, you can put my sentence on the site but I have worked very, very hard to develop and maintain a strong relationship with my union and am at a critical stage at this time so my name really must not appear.
I was really pleased that found there is such an organisation as yours, who can help me. Thank you for everything you did to put me back on the right track.
I had been off work for a month with “work related Stress” due to bullying within the workplace. HR & Diversity Management helped me with a plan to meet with my employer to discuss the issues and try to resolve a way forward to enable me return to work. Without this help and support I don’t think that I would have been strong enough to stay in employment. Thank you. May you continue with all your good work.
Thank you for helping me by providing professional support. Your accuracy, analysis and support in such circumstances should be how all Human Recourses departments work. I will keep in touch. I hope next year is a good and productive year for you.
Many thanks for your call today and for your interest in my situation. Your input, advice and assessment were all much appreciated as part of my route through the difficult situation in which I have found myself. It is now time for me to begin picking up the pieces and to move on. I appreciate your support with this and wish you well in your chosen path.
Thought I’d drop you a line as everyone likes a happy ending! After your brilliant work on my behalf with XYZ Company, and my pay-out, I decided to have some time off before getting another job. I start my new career (date provided) and I’m so excited and as I’ve still got enough money, I’m thinking of upgrading my car. So, all in all thanks to you it was far less painful than the whole XYZ Company disaster could have been. Thank you very much again for all your help and kindness. Kind regards.
You are doing God’s work. Thank goodness I found you when I did.