Acas Conciliation Process Guide

Summary

ACAS conciliation involves understanding the process, listing issues for tribunal, confirming formal workplace address, and granting employer contact permission. If videos are unavailable, request direct links. Express concerns about discrimination and request a different conciliator if needed.

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ACAS REFERENCE: R287909/* Please can any communication be done via EMAIL ONLY on this claim reference please send email correspondence to krussellmorgan76@gmail.com . As I have no phone signal to make phone calls in my flat. Can someone get in contact with me about this claim reference on what to do next it has been * working days with no response from you on this matter.You say on your website that it takes * weeks it has been nearly * working weeks and * normal days without no response this is a failure on your behalf. I have been advised to go to you. I look after my adult daughter full time as a unpaid carer and have been off sick since 5th November * due to another member of staff being ill then making me ill. I have requested SAR Request on 7th November *,Without Prejudice 11th November *, Cease and Desist 13th November *. Company has no made effort to ask how I am and since I have sent a Cease and Desist letter they company has been harassing me to get me into a meeting with Joe Collier from Headland Venture LTD since 12th November when I sent cease and desist letter to them. I was harassed by Headland Venture LTD * people who directly work for the company and * person who was supposed to leave company still has involvement in the company tried to contact me. I'm not having any meetings with this company as in past * weeks everything that has been messaged to me has been lie after lie. Please respond ASAP. Thank you, Yasmin Jenkins
Hi Yasmin,
I understand your concern. To clarify, are you seeking advice on how to proceed with your ACAS claim, or do you need assistance with the harassment issue from your employer?
Best regards,
FreeLawChat
I need assistance with this email received from ACAS because I dont understand it Dear Yasmin Without Prejudice Thank you for your email. This is primarily a telephone service so will lose some value being dealt with over email. Please confirm ; *. That you have a full understanding of how the conciliation process works and have watched the videos on the website. *. A full breakdown of the issues you wish to potentially take to an employment tribunal. *. Confirmation that you have addressed the issues formally within the workplace. *. permission to contact the respondent. I look forward to your response. Kind regards Matthew Kennedy Conciliator * * * case@acas.org.uk Please note I work Monday to Friday 9am to 5pm However I finish at *:30pm on Wednesdays
Hi ****,
I understand your confusion. Here’s a breakdown of what ACAS requires:
*. Confirm you understand the conciliation process and have watched the videos on their website.
*. Provide a detailed list of issues you plan to take to the employment tribunal.
*. Confirm you have formally addressed these issues within your workplace.
*. Give permission for ACAS to contact your employer (respondent).
Do you need help with any specific point?
I need help I provided these * documents to acas with the email i sent to them. Here they are.Cease and Desist from Further Violations and Notice of Whistleblowing Claim From: **** Russell-Morgan Address: 17A Iden Street BN22 9HL Date :*/*/* Time: *:08pm Dear Headlands Venture LTD, I am writing to formally demand that Headland Venture LTD immediately ceases its continued mishandling of serious workplace issues and breaches of employment law. Despite my persistent efforts to resolve these matters, including communications dated November 1st, *, the company has failed to act on its promises and obligations, leaving an employee clueless on a day-to-day basis, failure to respond to SIGNIFICANT CONCERNS AND FAILIURES IN THE WORKPLACE from HR since 1st November * via WHATSAPP. I'm protected by employment rights act * and Data Protection Law and Human Rights Act Article *. Given the systemic failures, I am left with no choice but to proceed with a whistleblowing claim, exposing the company’s misconduct and breaches of legal obligations to the appropriate authorities. I am raising a whistleblowing claim about Headland Venture LTD on the ground of the Whistleblowers have legal protection under the Public Interest Disclosure Act *. The Employment Rights Act * (ERA), as amended by the Public Interest Disclosure Act * (PIDA), provides protection to workers who blow the whistle by protecting them against detrimental treatment and (in the case of employees) from being dismissed for making certain specified types of ‘qualifying protected disclosures. Concerns and Violations/Health and Safety Violations On November 4th, I contracted an illness after exposure to a visibly sick colleague, Adam, despite assurances from the Head Chef that no other staff would be present. This constitutes a clear violation of the Control of Substances Hazardous to Health (COSHH) Regulations * and Reporting of Injuries, Diseases and Dangerous Occurrences Regulations * (RIDDOR). Relevant Case Law: R v. Board of Trustees of the Science Museum (*): Reinforced employer obligations to protect employees from hazardous substances. Vaughan v. London Borough of Lewisham (*): Highlighted employer liability for unsafe working conditions. My illness extended beyond personal health, severely compromising my responsibilities as an unpaid carer for my disabled daughter. Non-Payment of Sick Pay Since falling ill, Headland Venture LTD has failed to provide statutory sick pay (SSP) or any other financial assistance, violating my rights under the Employment Rights Act *. Relevant Case Law: Williams v. A & K Auto Repairs Ltd (*): Affirmed the employer’s obligation to provide SSP when an employee is unable to work due to illness. Workplace Violence and Abuse I have been subjected to physical violence, including being burned, struck, and whipped by the Head Chef. These incidents demonstrate a severe failure to maintain a safe work environment, breaching the Health and Safety at Work Act *.The case law to support this case law: Walton v. Kirklees Council (*): Found the employer liable for workplace violence, underscoring their duty to protect employees from harm. Toxic Workplace Culture The workplace culture is marked by persistent verbal abuse and hostility. Despite multiple complaints, these issues remain unresolved, breaching the company’s duty of care. False Promotions and Inadequate Training Younger, inexperienced employees have been promoted to managerial roles without appropriate training, while new employees are left without adequate onboarding or job preparation. Break Schedule Manipulation Work schedules have been retrospectively altered to falsely reflect extended break times. For example, a one-hour break was falsely recorded as *.* hours. Despite reporting this issue to HR, no corrections have been made. Food Safety Violations The Head Chef’s reckless behavior regarding food allergies and the use of e-cigarettes in the kitchen are severe breaches of food safety regulations, posing significant risks to public health.Relevant Case Law: Natasha Ednan-Laperouse v. Pret a Manger (*): Demonstrated the serious consequences of failing to adhere to food safety standards concerning allergens. Negligence by HR On November 11th, *, HR contacted me, promising an update on my concerns, yet no meaningful action has been taken. This reflects a persistent neglect of employee grievances. Discrimination and Lack of Contract I have worked for nearly two years without a formal employment contract, violating Section * of the Employment Rights Act *. Additionally, I believe I am being subjected to age discrimination under the Equality Act *. Age Discrimination by Younger Staff I have experienced discriminatory treatment by younger colleagues in the workplace, including being overlooked and treated unfairly compared to them. Lack of Basic Workplace Amenities During my shifts, I have been denied access to food or drinks, a basic necessity for any employee. This demonstrates a failure to meet minimum workplace welfare standards. Cease and Desist Demands Effective immediately, I demand that Headland Venture LTD: · Cease discriminatory practices and ensure equal treatment of all employees. · Cease false promotions and implement proper training for staff. · Cease altering work schedules and ensure accurate break recording. · Cease health and food safety violations by enforcing compliance with regulations. · Provide backdated sick pay and financial support for my illness. · Ensure access to food and drink during shifts in line with basic welfare standards. · Whistleblowing Notification and Legal Action As these issues remain unresolved, I am filing a whistleblowing claim under the Public Interest Disclosure Act *. This claim will outline the company’s violations to regulatory bodies such as the Health and Safety Executive (HSE) and ACAS for investigation. Furthermore, if corrective actions are not immediately implemented, I will initiate legal proceedings, including filing claims for: · Unfair dismissal and breach of contract, should my employment be terminated or adversely impacted. · Compensation for violations of employment law and multiple forms of discrimination in the workplace under the Equality Act *. · Public disclosure of these matters, invoking whistleblower protections, to ensure accountability and transparency. Next Steps I urge you to address these issues by date of 21st November *. Failure to do so will result in my pursuing all available legal remedies through the courts. I trust you will treat this matter with the seriousness it demands within the next * DAYS. Sincerely, **** Russell-Morgan Kitchen Porter at Headland Venture LTD Subject: Formal Request to Address Workplace Concerns and Legal Breaches Dear Ms. Pattison, I am writing to formally now request that this matter is dealt with appropriately and serious from when I messaged you on 1st November *. In my role as a Kitchen Porter despite my message on November 1st, *, outlining the issues on 1st November * to you. On this day on WHATSAPP as this is the only way that I can get in contact with you. HR at Headland Venture LTD. Where I explained that my mental health was being affected by negative toxicity in workplace while I was on my break Furthermore, I was compelled to meet with Roberto, my manager, on November 4th, under coercion and without my requested HR representative present. This meeting left me deeply uncomfortable, and I was pressured into discussing sensitive matters that require the impartial oversight of HR which Roberto did it in they work environment for anyone in close range I feel my rights have been breached and broken several times within the time I have worked at your company. The continued lack of response and appropriate handling by HR exacerbates my concerns, undermining the trust employees should have in the company’s grievance processes to bring up issues and for them to be resolved in a quick and a sufficient matter which hasn’t been done as you yourself have made excuses to not deal with anything that I have expressed my concerns in WHATSAPP messages to you about how serious this matter is. Concerns to Address: · Health and Safety Concerns On November 4th, I contracted an illness after exposure to a colleague, Adam, who was openly coughing and sneezing. Despite prior assurances from the Head Chef that no other staff would be present, I was placed in an unsafe environment. This breach of trust has had devastating personal consequences. I was placed in an unsafe environment. This constitutes a violation of the Control of Substances Hazardous to Health (COSHH) Regulations *, specifically Regulation *, and Reporting of Injuries, Diseases and Dangerous Occurrences Regulations * (RIDDOR). As an unpaid carer for my disabled daughter, falling ill has directly compromised her well-being. My flu caught from Adam has left my daughter in an unstable and vulnerable condition, significantly heightening the risks to her health and her disabilities considering the workplace know I care for my disabled daughter.There were no risks assessment done about this situation to do with 1st November * and 4th November *. 1st November * could of been prevented if Front O This situation could have been entirely avoided had the Head Chef not misled me about the workplace conditions on November 4th which has now left me in the situation of not being able to work due to another staff member making me ill. Workplace Violence Reports of physical intimidation and violent behavior have surfaced, creating a climate of fear and raising serious concerns about employee safety. The company is failing in its duty under Section * of the Health and Safety at Work Act * to ensure a safe working environment. Toxic Workplace Environment The workplace has become increasingly hostile, marked by verbal abuse and toxic interactions that have directly impacted my mental health and performance. Such an environment breaches the employer’s duty of care under employment law and contributes to a highly stressful and unsustainable work atmosphere. Incidents of Harassment and Abuse On one occasion, I was burned by a hot saucepan due to the Head Chef’s negligence and whipped another time by Head Chef and hit on head with a frying pan by Head Chef.Other staff members have raised issues about Head Chef to do with whipping people in workplace and some people have left furthermore showing you will let bullies stay in workplace rather than firing that staff member or dealing with they grievances from staff that have raised issues. Rather than Headland Venture LTD addressing this incident directly with you and through appropriate channels, I was coerced into discussing on Monday 4th November * with Roberto, which I found highly inappropriate and inadequate. This incident amounts to harassment and demonstrates a clear failure to handle workplace violence appropriately and under equality act * I was treated unfairly in the workplace which is another breach and law that has been broken. Additional Health and Safety Violations On November 1st, an unauthorized individual of staff who is only supposed to collect plates any other time shouldn’t be in the kitchen. Which is a volitation of health and safety act, and entered the kitchen, leading to a dangerous situation involving a teapot getting broken. Their behaviour was verbally abusive toward me and others compounded the safety risk and created an unnecessarily hostile interaction which made me drop the teapot due to this member of staff getting in my way which wasn’t at all safe to do at the time is a violation of Health and Safety Act,RIDDOR and COSHH. Failure of HR to Address Complaints Despite my formal complaint on November 1st, HR has not taken any visible steps to resolve these issues. This inaction further jeopardizes employee safety and well-being, violating the trust placed in HR to ensure a fair and safe work environment. The continued lack of resolution highlights systemic failings within the organization’s grievance and conflict resolution processes. ACAS Conciliation Claim Given the severity and persistence of these issues, I have now filed a claim with ACAS for conciliation, which includes incidents dating back to November 1st, *. This step underscores the urgency and seriousness of the unresolved workplace concerns and my efforts to seek a fair resolution through formal channels. My Position and Requested Actions Given the cumulative impact of these incidents, particularly on my personal life and my role as a carer, I fear I can no longer return to this workplace or trust that these issues can be adequately resolved. The Head Chef’s actions on November 4th directly contributed to my illness, which has in turn left my daughter vulnerable. I am formally asserting that any attempt to terminate my employment under these circumstances would constitute unfair dismissal under Section * of the Employment Rights Act *. Furthermore, any meetings or decisions made about my employment without my knowledge or presence would breach my rights under the Human Rights Act *, specifically Article * (right to privacy). The company’s failure to act may also constitute discrimination under the Equality Act *. My Requests: To resolve these matters, I am requesting the following: Immediate scheduling of a formal meeting with an HR representative and, if necessary, an impartial third party. A full investigation into the incidents outlined above, with a transparent report on findings and actions taken. Enhanced health and safety protocols to protect all employees, ensuring compliance with relevant regulations. A formal review of workplace culture and steps to mitigate toxicity, harassment, and abusive behavior. Failure to address these concerns will leave me with no choice but to escalate the matter further, including legal proceedings. Sincerely, **** Russell-Morgan Kitchen Porter
Hi ****,
It seems you’ve outlined a comprehensive list of issues and concerns to ACAS. Here’s a brief guide on how to proceed with their email:
*. **Confirm Understanding**: State that you have watched their videos and understand the conciliation process.
*. **List Issues**: Provide a summary of the issues you plan to take to the employment tribunal, as detailed in your documents.
*. **Formal Address**: Confirm that you have formally addressed these issues within your workplace.
*. **Permission**: Give ACAS permission to contact your employer.
Would you like help drafting a response to ACAS?
To address number *. **Confirm Understanding**: State that you have watched their videos and understand the conciliation process. I can't find any videos on ACAS website and that you feel they were discriminatory to your disability and arrogant in the email and considering amount of time you have waited
Hi ****,
I understand your frustration. Here’s a draft response to ACAS:
---
Dear Matthew Kennedy,
Thank you for your email.
*. **Confirm Understanding**: I have watched the videos on your website and understand the conciliation process.
*. **Discrimination Concern**: I feel the email was discriminatory toward my disability and the response time has been too long.
*. **Formal Address**: I have formally addressed these issues within my workplace, as detailed in my previous emails.
*. **Permission**: I give ACAS permission to contact my employer.
Kind regards,
**** Russell-Morgan
---
Would you like any adjustments to this draft?
Adjust *. I havent watched any videos and I can't find it on website
Hi ****,
I understand your frustration. Here’s a draft response to ACAS:
---
Dear Matthew Kennedy,
Thank you for your email.
*. **Confirm Understanding**: I haven’t watched any videos as I cannot find them on your website.
*. **Discrimination Concern**: I feel the email was discriminatory toward my disability and the response time has been too long.
*. **Formal Address**: I have formally addressed these issues within my workplace, as detailed in my previous emails.
*. **Permission**: I give ACAS permission to contact my employer.
Kind regards,
**** Russell-Morgan
---
Would you like any adjustments to this draft?
Is it worth asking for a different worker to address that matter as you dont feel supported by ACAS employee that has emailed you about the situation
Hi ****,
I understand your concern. Here’s an adjusted draft response to ACAS:
---
Dear Matthew Kennedy,
Thank you for your email.
*. **Confirm Understanding**: I haven’t watched any videos as I cannot find them on your website.
*. **Discrimination Concern**: I feel the email was discriminatory toward my disability and the response time has been too long.
*. **Formal Address**: I have formally addressed these issues within my workplace, as detailed in my previous emails.
*. **Permission**: I give ACAS permission to contact my employer.
*. **Request for Different Conciliator**: Given my concerns, I would like to request a different conciliator to handle my case.
Kind regards,
**** Russell-Morgan
---
Would you like any further adjustments?
add in I dont feel like my email was read by they employee appropriately
Hi ****,
I understand your concern. Here’s an adjusted draft response to ACAS:
---
Dear Matthew Kennedy,
Thank you for your email.
*. **Confirm Understanding**: I haven’t watched any videos as I cannot find them on your website.
*. **Discrimination Concern**: I feel the email was discriminatory toward my disability and the response time has been too long.
*. **Formal Address**: I have formally addressed these issues within my workplace, as detailed in my previous emails.
*. **Permission**: I give ACAS permission to contact my employer.
*. **Request for Different Conciliator**: Given my concerns, I would like to request a different conciliator to handle my case.
*. **Email Not Read Appropriately**: I don’t feel like my email was read appropriately by the employee.
Kind regards,
**** Russell-Morgan
---
Would you like any further adjustments?
what is tone of the email sent by acas
Hi ****,
The tone of the email from ACAS seems formal and procedural. It aims to clarify necessary steps and gather specific information needed for the conciliation process. The use of "Without Prejudice" indicates that the communication is intended to be non-confrontational and part of a settlement discussion.
Is there anything else you need help with?
Help me find ACAS Conciliation Process videos on their website by giving me a step by step guide
Hi ****,
Certainly! Here’s a step-by-step guide to finding the ACAS Conciliation Process videos on their website:
*. **Visit ACAS Website**: Go to [www.acas.org.uk](https://www.acas.org.uk).
*. **Navigate to 'Advice' Section**: On the top menu, hover over 'Advice' and select 'Disputes and conflicts'.
*. **Select 'Early Conciliation'**: Under the 'Disputes and conflicts' section, click on 'Early Conciliation'.
*. **Scroll to 'Resources'**: Scroll down the page until you find the 'Resources' section.
*. **Find Videos**: Look for video links or media resources related to the conciliation process.
If you still have trouble locating the videos, it might be helpful to use the search feature on the website by typing "conciliation process videos".
I hope this helps! Let me know if you need further assistance.
still cant find it on the website
Hi ****,
I'm sorry to hear you're having difficulty finding the videos. Here’s another approach:
*. **Visit ACAS Website**: Go to [www.acas.org.uk](https://www.acas.org.uk).
*. **Use Search Bar**: Type “conciliation process videos” in the search bar at the top of the page.
*. **Filter Results**: Look through the search results for video content related to the conciliation process.
If you still can't find them, you could mention this difficulty in your response to ACAS, requesting direct links to the videos.
Would you like help drafting that additional request?
Kind regards,
FreeLawChat
there is no filter on the new acas website just a search bar and different topics
Hi ****,
I understand your frustration. Here's a draft response to ACAS requesting direct links to the videos:
---
Dear Matthew Kennedy,
Thank you for your email.
*. **Confirm Understanding**: I haven’t watched any videos as I cannot find them on your website. Please provide direct links to the videos.
*. **Discrimination Concern**: I feel the email was discriminatory toward my disability and the response time has been too long.
*. **Formal Address**: I have formally addressed these issues within my workplace, as detailed in my previous emails.
*. **Permission**: I give ACAS permission to contact my employer.
*. **Request for Different Conciliator**: Given my concerns, I would like to request a different conciliator to handle my case.
*. **Email Not Read Appropriately**: I don’t feel like my email was read appropriately by the employee.
Kind regards,
**** Russell-Morgan
---
Would you like any further adjustments to this draft?
add in *. I feel a more experienced conciliator needs to address this case as its a very serious matter and needs to be dealt with urgently I can't keep waiting like this as its affecting my mental health and my daughter plus were still recovering from flu and house bound due to flu
Hi ****,
Here’s the adjusted draft response to ACAS:
---
Dear Matthew Kennedy,
Thank you for your email.
*. **Confirm Understanding**: I haven’t watched any videos as I cannot find them on your website. Please provide direct links to the videos.
*. **Discrimination Concern**: I feel the email was discriminatory toward my disability and the response time has been too long.
*. **Formal Address**: I have formally addressed these issues within my workplace, as detailed in my previous emails.
*. **Permission**: I give ACAS permission to contact my employer.
*. **Request for Different Conciliator**: I feel a more experienced conciliator needs to address this case as it’s a very serious matter and needs to be dealt with urgently. I can't keep waiting like this as it’s affecting my mental health and my daughter, plus we’re still recovering from flu and are housebound due to it.
*. **Email Not Read Appropriately**: I don’t feel like my email was read appropriately by the employee.
Kind regards,
**** Russell-Morgan
---
Would you like any further adjustments?