ACAS – CAB – EHRC 2017-08-23T20:05:01+00:00

ACAS Codes Of Practice

Speaking from my own experiences, I have found ACAS to be helpful, especially in drawing up the COT3 agreements. However, some of the advice I received from ACAS advisors was incorrect or erroneous. I would often telephone, and make the same enquiry to several different advisors. On each occasion, I received a different answer (you try it).

On one occasion, I was informed by an ACAS advisor that due to the fact I did not have one years service with my employer, I would not be able to make a claim in an Employment Tribunal. This information was factually incorrect, even though I had explained to the advisor that my employer had committed discriminatory acts, and had failed to observe its statutory duties germane to health and safety.

Citizens Advice Bureau

The CAB do a terrific job, and I cannot fault them in any way. I had arranged a free consultation with an employment lawyer, who attended the local CAB to provide legal advice to prospective claimants.

I wanted to run some points of law past the solicitor in order to get a second opinion. However, it quickly became apparent that despite this particular solicitor having had seventeen years experience in employment law, I was informed that I was not entiltled to lodge an Employment Tribunal claim, as I did not have one years service with my employer.

The fact remains, an employment solicitor ought to know that an employee does not need to have one years service to bring a claim in an Employment Tribunal for breaches of  the employer’s “health and safety” obligations, discriminatory acts or harassment. These are covered from the date the employee first commences work (day 1).

I just wonder how many employees’ this solicitor had misinformed, and how many employees’ didn’t make a claim, who could have made a claim to an Employment Tribunal. To the solicitors credit, I received a telephone call and an apology later that same day, as having had time to study the sections of the law which I had left with him, it was acknowledged that I could in fact bring a claim against my employer, and did not require one years service.

European Human Rights Commission
formerly the
Equal Opportunities Commission

I found the staff at EHRC to be well informed. Each time I telephoned, their personnel kept a log of the updates to our case, and were instrumental in pushing us to lodge an ET1 in the Employment Tribunal. The EHRC website is informative, and the advice we received was sound. The EHRC website contains a wealth of information for prospective claimants who are considering lodging an ET1 claim in an Employment Tribunal. I suggest you research their site to gather further information. A link can be found under the “Links” section.