SuperJon
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Yes, sorry, this only happened since my last thread hence I wrote two! Money to live on for a year? We'd struggle but I'm now on DLA which should help? A new job? I've ran my own management consultancy business before so I could go back into this as and when I'm fit to(which is the area of the unknown!). I guess it's about the potential of such a claim really.
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1. As far as financial loss then that's a difficult one as how can you put a price on sleepless nights, visits to a counsellor, being put on anti-depressants etc! That's why 'injury to feeling' is such a non-scientific part of law I guess. 2. I believe I can prove this yes. Certainly I was put at a 'disadvantage' to my colleagues who had both written and verbal communication about the change and the opportunity arising from it. Obviously proving this was because of disability is for me to push evidence forward to the tribunal, my employers to challenge/defend and ultimately for the Tribunal to decide.
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Hello again CAGgers - 2 posts in one day is a new record for me! Anyway - I already have a claim going to ET for disability discrimination from mainly harassment that my ex-line manager gave me(I say 'ex' as he's been made redundant since all this happened(strange!) but I am still employed by this Company). Applying for a ET did actually spur the company into taking some supportive action like mediation but there seems a big gap in attitude between the companies Employment Relations(who are actually quite supportive and acknowledge that I've not been treated well) and my Director in my area of the business who is playing a 'straight bat' which ultimately resulted in mediation failing as he wasn't prepared to even acknowledge the issues I've had! Whilst mediation has been going on, I agreed to pause the grievance appeal, but as mediation failed, I had my grievance appeal meeting just prior to Christmas with another Director who has now upheld a major part of my grievance regarding the comments made to me by my 'ex' line manager but has said, since he has now been made redundant, there is no further action they can take. I understand this to a point but there has still not been any apology and my 'ex' line manager was still in post when I started the grievance procedure and he was interviewed as part of the grievance investigation. Anyway, now to the point of this post, I have spoken to an advisor I've spoken to at the CAB a few times about my case and, based on the grievance appeal being upheld, them now acknowledging the comments made to me(most of which saying that the Company didn't want me to come back) were wrong BUT failing to put adequate provisions in place to remedy the situation, she has suggested that a real option for me would be to resign and claim constructive dismissal. I can see where she is coming from but such a big step needs real consideration so any advice you could give would be appreciated?
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Hi there all, Just putting in my statement of loss and remedy claim for my Employment Tribunal against my employer(I'm still employed but off work with a disability). The case I'm taking is for the following:- 1. Comments made to me about my disability by my ex-line manager(who's strangely now been made redundant!) which forms the basis of quite strong harassment and, 2. For not communicating changes(I allege due to my disability) in my line management that created a role that I would have applied for had I known it existed. I understand that the Vento bands for injury to feeling are applicable for 1 above but what about 2? How do I put a price on a promotion opportunity that I was prevented for applying for? Also, as I'm still employed, what else should I put on the schedule of loss? I certainly do not want to claim to be excessive but I do want to make sure that I don't make life easy for my employers as they've really put me through the mill over the past year! Your help, as always, is appreciated.
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Thanks everyone - I think I will ask them to do this and put this in a disputed bundle but, as it came in so late(on the day witness statements were due), I've had to change mine to take account of this evidence and I don't want to get the can for this by the Tribunal Judge. Should I at least tell the Tribunal Office that this has happened and explain upfront why my witness statement is now late?
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Hi there fellow CAGgers, Some really quick advice would be appreciated from any of you that have knowledge or experience of the following. I am going through an ET regarding disability discrimination that I was subjected to from my line manager(who now, strangely, has been made redundant :o?). We are past the deadline from bundle collation as I've asked my employers on numerous occasions for a document that is crucial to the case - I've been told that the Companies archive system is difficult to use and they can't find it! I've persisted regardless as I am suspicious why they couldn't recover this. Anyway, as far as I was concerned, everything was in order apart from this BUT this morning their legal eagle has sent through an amended bundle with new evidence that they have added which I do not agree they should use at this late stage. What can I do as I feel they are being very trixy?
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Hi Becky, Thanks for your response. Mediation was offered once I had applied to the Tribunal and the case was passed to the Respondent's lawyer. I was also given a Employee Relations Advisor who managed the mediation process. I am not wanting to disclose any notes regarding the conversations in the mediation meetings; just the process which was extremely protracted and certainly way above what I have been to is 'the norm' if there is such a thing. The respondent has not been able to provide a response to my questions why it has taken so long and, with the pressure of the Tribunal orders coming up, that makes me suspicious and I think that's the point of view shared by others I've spoken to who should hopefully speak from some sort of experience. It's probably something I cannot prove but that is the point really - everything still seems stacked in the employers favour!
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Hi there, I am 'disclosure' time for my Tribunal however, in September I agreed to try mediation which hasn't worked as it took months between my initial mediation meeting and a response(which really didn't move things on) from the Respondent(my employer). I was advised by both a employment lawyer that a had an informal chat with, the CAB and my ACAS representative that this delay was too long and could be taken as a way to delay or derail the Tribunal process. I now, based on this advice, would like to include this in the disclosures but the Respondent's solicitor is arguing this as he claims this is privileged information(although I'm not asking for the notes of the mediation to be included just the process and the delay as I agree they are privileged) and has 'no relevance to the case'. If any of you have any insight or experience of such matters then I'd really welcome your comments. Thanks as always.
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Hi there, I have a number of Tribunal Orders coming up over the next few weeks but this one has proved to be the most difficult to work out. Does anyone know how to calculate the schedule of loss for an ET - my case is harrassment due to disability? As always, thanks for your time. Jon
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Should I now ask for a compromise agreement?
SuperJon replied to SuperJon's topic in Employment and minimum wage problems
Thanks Altobelli - yes, still employed by them but just really want to move on from a really bad experience! -
Should I now ask for a compromise agreement?
SuperJon replied to SuperJon's topic in Employment and minimum wage problems
Bankfodder - thanks - that's what I was thinking but equally I'd really like to keep the Companies 'Employment Advocate' sweet as he seems loathed to complete the Prohibitive Conduct Questionnaire and thought the chance to resolve this now without doing this would appeal to him? Not sure! -
Should I now ask for a compromise agreement?
SuperJon replied to SuperJon's topic in Employment and minimum wage problems
Hi there, Thanks for the quick replies. Yes, I have an ACAS conciliator - she seems quite good - but I get the impression from my Companies 'Employment Advocate' that he'd rather not use her and sort something between us. Just got the impression that the word 'Compromise Agreement' was something you should wait for the employer to offer! -
Hi there, Taking my employers to a ET due to Disability Discrimination and Harassment - the line manager who did the majority of this has been made redundant and I don't think he's prepared to be used as a witness. My company asked for a delay in the Prohibitive Conduct Questionnaire until after all the documents of the case were shared(which the ET had scheduled about a week before the Questionnaire was due in) however, yippee, the ET Judge has agreed to me extending the date for the disclosure of documents so my Companies rep has said they are in 'a very difficult situation'. I don't really want to go to the ET if we can sort it externally but my case looks increasingly good so, my question, because of these circumstances - is now the time to ask if they would consider a compromise agreement to end this sorry show?
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Thanks Emmzzi, Do you think it is worth saying that this is an option, although I'd rather consider others first? It seems that they have quickly moved on from looking at a transfer(it's a massive company which everyone on here would know but of course that is confidential but I'm sure they'd have possibilities for a transfer but it would make a little bit more work for them).
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Hi Marie, Yes, it's absolutely possible that my line manager was lying but that hasn't prevented the harassment from happening. He was, at the time of course, an officer of the Company and was working under the direction of this Director. I have heard that he'd had previous complaints about some of his comments and behaviour - hopefully these facts, if there are any, will be presented in the Prohibitive Conduct Questionnaire that I've sent the Company. I certainly wouldn't withdraw the Tribunal at this stage unless a signed agreement was in place.
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Thanks Emmzzi, I spoke to the Company's 'Employment Advocate' and he spoke about looking at a transfer which would be suitable as he was concerned that the new management where I work would be cautious about how they communicated with me on a day to day basis in case I filed a grievance! First time in my career I've had to do this btw! He went away and has investigated this but has come back today after getting advice from his manager to say that mediation with this Director would be their preferred approach - well it isn't mine really. I think for the benefit of all we should all be allowed to move on so a negotiated settlement would be my preferred outcome now despite the obvious difficulties I'd face finding a role due to my disability. Not ideal but I've got enough to deal with due to my condition!
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Afternoon my fellow Caggers, OK - long story short - I have a disability which I developed last year, my line manager harassed me in keeping in touch meetings and we are now at tribunal stage. My line manager has now been made redundant(!) and it seems that the Company just want me to move on and get over it by returning to work when I can. I do, genuinely believe that I have a very strong tribunal case and the actions my Company are now making makes me believe that they do not want to get to a hearing. Question is this - my Company have offered mediation with the Director of the area I work since some of the comments made to me from my ex-line manager were, he said, comments made by this Director in conversations with him. I have to say I don't think I'd feel that comfortable with this as I guess he(the Director) can say what he wants now - it's the actions in the future that matter and there is definately a lack of trust there. What do you think I should/could do? Thanks as always.
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Desperate for advice please
SuperJon replied to Trevor 2283's topic in Employment and minimum wage problems
Trevor - PapaSmurf speaks absolute sense. I say this as a Senior Manager of a FTSE100 company who is taking my employer to tribunal over disability discrimination. Take some time to write everything down about what has happened and then draw together a diary of the events in date order. It sounds like there must of been witnesses in these meetings who should verify your story. Be brave - you have every reason to be stressed(and no doubt depressed) over your treatment. Speak to your employers yes, but also ensure they are very aware that your sickness is of their making. Good luck. -
Hi there, I served a Prohibitive Conduct Questionnaire to my employers for discrimination and harassment regarding my disability prior to us locking horns at a tribunal(I'm confident I'll win, I have some great evidence!). They have come back to ask if I have any issues with them supplying the response in email form. It sounds a straight forward request that I would usually accept without question but they are being a little trixy so I'm just checking first! Any advice, as always, is appreciated.
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OK, great, He's sent me the submission confirmation so I 'hope' I'm fine. Thanks again for your help - you are a star. Jon
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Thanks again Becky, What does a technical problem consist of? Jon
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Thanks Becky, It was partly my fault I guess as I only appointed him a week ago! I hope you are right too!
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Hi everyone, Just a really quick question. My 'advisor' who I've recently appointed to assist me with my claim says I'm in time but I just wanted to double check. I've started a tribunal against my employers for disability discrimination - I think it is as clear cut as can ever be in this situation as I've had 'advisors' desperate to represent me. The last incident of discrimination happened on the 24th April 2012 - my advisor submitted my claim today at 5:10pm - the simple question is this within the time limits? I know it's three months minus one day but when is the cutoff time? TBH the only reason it's got this far is because my employers performed a wholly inadequate investigation - not even asking the people involved the issues raised in my grievance. So, if I am out of time, is there anything I can do? As always, thanks for any help to reassure me.
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Thanks Emmzzi - just spoken to one of my Rheumatology consultants on this and he said, with the situation as I am in at the moment(still getting considerable deterioration in condition despite drugs) that it is impossible to provide a return to work date without being dishonest to my work and me as the patient! I think my only option at this stage is to follow ibruk's advice and document all of the conversations and go from there. Thanks for all of your help and, if anyone has anything else to add, I'd be grateful to hear from you.
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I have put all of my energy into 'getting back to as close to normal as possible'. I know there hasn't been much progress at all but I am still hopeful that I will be able to do most if not all of my role. Yes, I'm seeing specialists, physio and I'm on an absolute cocktail of drugs that the specialists are giving me to try and control the onset of the condition. Of course I want to keep my job but my employers(certainly my manager) has been everything but supportive. His actions particularly have arguably set me back(my Doctor certainly thinks so) as, at the peak of the harassment, I was put on anti-depressants(which actually didn't mix with the other drugs) and then referred to a councillor. It just got me down - I was on my knees with the condition and just didn't need anything else like whether I had to start looking for a job to come into the mix. I don't think these are outlandish reactions for a normally level headed person. I really don't need the hassle but at the same time I have been treated appallingly and I don't see why I should stand for it. Sometimes fighting is all you have left.
