Hi - I'm no expert but I think it would come under Failure in "Duty of Care" Try ... Health and Safety at Work etc Act 1974. Management of Health and Safety at Work Regulations 1999

The thing that bothers me is that they are intent on the GM charge, do you think that they can bring this charge against me nearly 8 months after the event? No, shouldn't think so. The matter was known about at the time of the phone incident. An employer can bring forward allegations at a much later stage than an "incident" - but only if they have only just found out about it. So say someone steals £200 and the employer finds out a year later, they can bring a case. But if they know about the theft and do nothing at the time - then they can't. Disciplinaries have to be timely - bringing a case that you already know about later on isn't acceptable. It is not a new cause for concern and is only being used to bolster the current case. (this advice was given to me a while back by an employment lawyer who used to post on here)

Yes, it is reasonable to ask them to respond in writing (Personally I wouldn't discuss anything with them on the phone but would specify e-mail and/or general mail only)

Am I legally entitled to record our conversation? Covert recording could potentially be deemed as Gross Misconduct (breach of Trust & Confidence) in which case you could be dismissed. You can ask if you may record but this is likely to get the Director's back up. Maybe take in a notebook and minute the meeting as best you can, contemporeanous notes are always helpful should they be needed further down the line (ie tribunal action) Keep a diary at home, not just of these work incidents but of any doc's appointments (especially stress-related symptoms) and tell your doc the stress is work-related, this will be noted on the system. I'm don't know about the Custom & Practise element of your query regarding home working, hopefully someone will be along soon who can advise on that. If you have invoked the formal Greivance procedure then you have the right to be accompanied, make use of this. If you have no Union rep then try to take another member of staff with you, even if they do not wish to speak it is useful to have them as another person besides yourself who has to agree that the HR minutes are an accurate reflection of your meeting. From my own experience, HR will note only what they consider relevent to themselves and omit anything that will help/prove your points.

You're welcome, am sure you'll find them helpful

I found 2 books very useful ... Employment Tribunal Claims, tactics and precedents by Naomi Cunningham and Michael Reed (the ET Claims website that Rachel posted supports this book) Also, Employment Law, an advisors handbook by Tamara Lewis, I found invaluable. I got them second hand online and they saw me through 3 CMD's for my consolidated claims ... concilliated very much to my satisfaction very recently I self-represented to make a point to the company

Hello All I've a Hearing coming up very soon (refuse to be bought off, it isn't about £) Part of my claim is for victimisation (for having done a protected act under the SDA). I complained about a senior manager for sexual harassment, didn't think anything would be done about it (he's had complaints of sexist behaviour before and not just in present employment either). I've just receieved the company's witness statements and it's apparent his own line manager was keen to get me out. I knew this at the time and ofcourse I know what his agenda is, I even pointed out in an early meeting after I raised a grievance that his line manager would make life difficult for me. This is noted in the minutes.I was hoping in my supplementary statement just to say he has his own agenda for victimising me, without going in to detail. I knew he would be concerned about me blowing the whistle, so to speak, on the repeat-offender manager incase I did the same with him. I had no intention of ever complaining about either of them but the first one crossed the line with my family member and so I felt I had to. The second manager has been creating an uncomfortable environment for me for years, always standing right up against me when I'm seated, asking me to look up phone numbers for his wife's family practise doc or dentist etc. There are manay people (M/F) over the years who said to me, umpromted, that they could see I was uncomfortable and they suggested I complain. He came out to me so often asking for these phone numbers that I ended up making a folder in my outlook express, with the numbers in it, so as to cut the amount of time I had him hovering over me. The date of folder creation is in 2008. One person in particular, a temp who worked with me for a few months in early 2010, was particularly affronted on my behalf, she sat beside me for a while and saw what many others have seen, him getting too close and me pratically squirming. More to placate her than anything else, I posted on an online HR forum, asking if this was harassment/bullying behaviour. The post is still online and date/time stamped to show it pre-dates my complaint against the first manager (so they can't say I am retaliating) My dilema is that I don't want to have to go into all this, even though there are witnesses and the contemporaneous things that will show why he would be keen to get me out after I complained about the serial harasser. Should I just stick to saying in the supplemental statement that I believe I was victimised by second manager but leave out the part about his hidden agenda? Or should I put it in because if asked a direct question on it that I will have to answer, it will point to the general (permitted) atmosphere at work the Statement has to be lodged in a week, hearing is in another 2 ...

Sounds suspiciously like they might try to find a reason to discipline you for raising the grievance, that won't be their official reason ofcourse (some companies are like that, I speak from personal experience) - let's hope not in your case!

Hi folks I filed a tribunal claim a few months back (harassment/victimisation under the SDA). 2 weeks ago, the ACAS (equivilant) officer rang me to ask what I restitution I was seeking. He was approached by the employer's legal rep to ask this in advance of the CMD which was supposed to be a few days ago. I told the officer that I wasn't thinking in monetary terms, that first and foremost in mind was an apology/admission. I also told him that the day before his call, the Tribunal had acknowledged my second claim of victimisation and that I had suffered another pyschiatric injury due to the circumstances. The employer's rep requested a postponement of the CMD so they could review the new claim and suggested the claims be consolidated, I'd no objection to either. I believe I've a strong case and have recieved support from my union and equality commission etc. My question is: when the question of remedy/schedule of loss comes up, what person/agency is best placed to advise on psychatric injury? The first was devloping an Adjustment Disorder because of the actions of the bloke harassing me, the second was an Acute Stress Reaction (with associated depression/anxiety) due to the nasty, vindictive reaction of HR. As well as the injury to feelings (sexual harassment over long period from a senior manager who is a repeat offender), my health has also suffered in other ways, ie stress related shingles, been fitted for dental guard to relieve jaw tension etc. These things are documented, OH reports and medical records etc are already in the possession of the employer's rep. If the injury to health is remedied at Tribunal, then I take it there can be no PI claim through the civil courts? For when I do eventually start thinking in monetary terms:razz:lol

Hello All I've a few random questions that you seaoned Cag-gers might be able to advise on ... Im a LIP, CMD due next month for discrimination claim (sexual harassment)... it was ongoing for a quite a while, I didn't think work would do too much about it (they hadn't for others) but it came to a head on a work night out when my sis (as my guest) was also subject to this senior managers sexist/innapropriate behaviour. I did not know that he was going to be there btw, he wasn't on the list of raffle winners/attendees to the event. One of my reasons for not coming forward sooner than I did was because I was aware (first hand) that there had been previous claims of a serious,similar nature (1 had issued tribunal proceedings, don't know outcome) against the 2nd respondant and nothing had "seen" to be done. In the ET3, the respondants lawyer has refuted this. I have asked for clarification ( not yet recieved) if they are refuting mine was at least the 3rd formal complaint, in which case I might apply for witness orders or if the contention is simply that there was no failure to act on the complaints (I hadn't alleged a failure to act, just expressed my opinion that nothing had "seen" to be done) Question: On the subject of witness orders, what is the position about applying for 1 (if needs be, hopefully not) where the person is an ex-employee who made a similar tribunal complaint and who has more than likely signed a cot3 or compromise agreement, probably with a gagging order? My full medical and dental records have been requested (no problem there) but I don't want to give the full copies to their lawyer to retain. Question: can I suggest that they may inspect the full records and take a copy of anything relevant to the case? Question: Generally speaking, is there usually a need to provide case law at CMD or is this usually only needed for Hearings? No doubt many other questions will occur to me as time rolls on and as ever, I'll appreciate any feedback

Seems like management are closing ranks to protect this manager and possibly putting the needs of the business before the health & well being of it's employees (as in my case)

Did they give you any reason why he was not (even temporarily) suspended? have you been given an information on what steps they have taken to look into your (very serious) complaint? were there any witnesses to the incident? do you know if the manager has behaved this way with anyone else?

@ Bigredbus - they felt the need @ Motorvating - thanks for such a detailed post, very helpful he is now off with stress and plans to lodge a grievance

Hi Sandy That's shocking, sorry to hear that's happened to you. Certainly sounds like delaying tactics! Do not miss/go over the deadline! If it were me I would lodge the claim NOW, stating that you raised the grievance (in line with company proceedures) and while this is still on going (no outcome), you have submitted the claim so as to remain within the 3 months, less 1 day timeframe. During the time from you raised the complaint (almost 3 months ago) has the manager been suspended (for all or any part of that time) while invesitgations are ongoing? Do you know what/if any investigation has taken place?

That's what we (and any other reasonable person) would assume ... in an ideal world (or workplace) ;-)