Hi, My partner has recently become unable to work due to ill health so I decided to apply for a temporary job with a supermarket chain just to earn some extra money on the lead up to christmas. I currently work full time, so on seeing the job advertised as temporary, part time 12 hours per week, this was ideal for me as it kept me in compliance with the working time directive etc. The job was advertised as 12 hours per week and the shift pattern over two weeks was shown as Week 1 Sun 12:15-16:15 Mon 17:00-21:00 Tue Wed Thur Fri Sat 17:00-21:00 Week 2 Sun Mon Tue 17:30-21:30 Wed Thur Fri 18:30-22:30 Sat 08:00 -12:00 These hours all fit very well around my full time job commitments so I filled in the application and completed an online assessment. There were also other hours available over the Week 1/Week 2 pattern but i applied for this one as it had more weekend working which suited me better. I was then called for an interview/assessment which I attended, this took about 1 hour 20 mins in total. At the interview, I was told that I would be expected to work boxing day and new years eve, which I agreed to do as these would be none working days in my full time job so not causing me a problem and I would be glad of the extra cash. I received notification yesterday that I was unsuccessful so called for feedback and was told, my interview and assessment were fine but it was due to the fact that I am not flexible as I work full time in another job and they wanted someone who would be able to work full time on the 2 or 3 weeks leading up to Christmas. I said, that they cannot do that as they advertised a 12 hours a week job, they can't just change their mind like that. But they said all of the other applicants do not work so they are flexible with working full time on the lead up to christmas. Does anyone have some advice? I am due to speak to the HR manager tomorrow (Friday). They are saying that it should of been explained at interview about working full time on the lead up to christmas, but i know for sure only boxing day and new years eve were mentioned. Hope someone can help for I am informed ready for tomorrow. Thank you gavin

Hello Everyone, I am writing to request the help and opinion of anyone on this forum in regards to a problem that I am facing right now. I will cut to the chase - I work for a large international company and recently stopped working due to a diagnosed mental illness. I have been seen by GP and have been referred on to see psychiatric specialists who I am now under the care of. In addition to this I am also taking prescribed medication as part of my treatment program. In my contract of employment it states that I am entitled to sick pay and gives the amount I will be entitled to and the duration I can expect to receive it for. However, I have been informed by my HR department that I am not entitled to sick pay based on the condition that I have been signed off with. I do not want to disclose what the condition is in open forum; however, I can advise that the medical community would class it as a serious mental illness. My employer has failed to publicise what conditions it pays sick pay for and makes no reference to any form of qualifying criteria in my contract of employment. In short, I believe that I am being discriminated against because I have a mental illness and I would really appreciate the advice and thoughts of others. Best wishes, Time to shine

I have worked for 15 months for a large well known company. I was recently offered a promotion within the company but before i could sign any contracts i was put off work for a month by my gp as i was suffering from seizures and during this time i was formally diagnosed as being epileptic. My epilepsy has never affected my work and my manager said i was a valued hard working employee. Upon returning to work i asked about my promotion and was assured by my managers superior that my promotion was still there and was just a matter of signing the contracts. A couple of weeks went by and nothing was happening despite another employee having been promoted to the same position despite only being employed by the company for 4 months. I queried this with my manager and was given several reasons over the next 4 weeks as to why mine was being delayed. Finally i asked to speak to my boss officially in the office about my promotion and complained to him that he was giving me so many reasons as to why its wasnt happening despite him saying it would before i went off ill, his reply was and i quote "thats before you were having spaz attacks". I couldnt believe he said this and i walked out of my employement disgusted at how i had been treated by him. I have not returned i made a formal grievance which was handled by his superior in which they offered me a position within another branch but as i have had my licence revoked due to my epilepsy i could not accept this, they offered me my previous job back in the same store as this incident which i was disgusted with as it meant returning to work with the man who created this situaiton and their outcome of the grievance hearing is that they feel i wasnt discriminated against as the manager could ONLY recommend me for promotion not actually offer me the promotion, which i was unaware off and i feel is an excuse. they are going to deal with the manager internally (which i doubt they will) and as they have offered me my job back they feel they have completed their obligation. My solicitor has adviced to go for tribunal. Can anyone help me with what they think my chances are and what the outcome may possibly be thankyou

A couple of years ago I was assaulted out side of work. As a consequence, I suffered PTSD and was admitted into a private mental health hospital. After a few months off work on sick leave, I returned to work. My psychiatrist wrote to my then manager saying I was suffering from severe depression and should return to work gradually. I wasn't referred to OH on return to work, I wasn't supported and actually returned full time and moved into a more stressful job due to an office reshuffle. Since I had been assaulted I was very vulnerable, I didn't know at the time we had OH and I didn't want to make a fuss as I had a criminal court case to deal with. I was taking lorezapam, sleeping pills and anti-d's daily. FYI, I work for a large organisation and discovered this year they have OH and always have had! I have email evidence of my struggle over the years with work due to the assault (i.e I didn't respond well at being shouted at in public). The final straw came earlier this year when I had a public breakdown after being publicly humiliated by my manager who told me I was 'too weak to do my job because of my personal history'! A grievance was raised over 6 months ago (still not answered by respondent) and a tribunal was raised in May (ET3 response still not received as the court granted respondent an extension). My question is, can I prove PCP by saying the company could have sent me to OH for review on return to work? OH would then have made recommendations that: - I should receive more support from my manager due to my vulnerability. -My manager could have been asked to attend training to support them dealing with employees with mental health issues. - Comparator: Would it be someone who has never been assaulted or suffered PTSD? My disadvantage: had I been given OH review, recommendations would have been made to provide more frequent support and I would have been able to complete my role as without having another breakdown. FYI, I received less support than my mentally healthy colleagues as they had more frequent 1:1s. I am guessing I can prove I have a disability (the assault lives with and impacts me daily and it always will)? The CPS bought a case against the person who assaulted me and evidence of my PTSD was used to secure a conviction. Many thanks

Hi, My son who has special needs and a statement has been denied some of his school options due to the school saying he will not acheive good grades. They would not say this to an average/above average student, and even if they did they should not, it it a bit like saying to a blind person, because you can not see what the teacher is writing/drawing on the board, we will not allow you to to be educated in what you want to , even though a reasonable adjustment would be to provide the books in braile. In my sons case they are not offering him the additional support as per his statement, or asking for more should he need it, but saying he should not do the course. Please note they have consistantly maintained that my son has been doing well for 3 years...untill now. Many thanks

We booked 4 days stay on a very nice caravan site that boasted on site restaurant and bar (club). on the vening of our arrival we decided to have a meal at the restaurant. On arrival, we noticed that there were several steps to negotiate to get to the bar area where most other campers gather for some chit chat and socialising. We then noticed a small sign stating that the disabled access was at the rear. As the place was on a bank it meant walking around and up a steep rise to get to the access. On arrival there was no entrance that we could see so the wife went back down and someone came up and unlocked the door to let us in. However this entrance took us onto the upper or first floor. We were the only ones eating in the dining room which was divided into two. the other one was up several steps also. Other diners either ate downstairs or in the other dining room which was separated by a wall and a door. You felt ostracised sitting in the dining room while every one else was enjoying themselves by the bar area. All entertainment was also in this area. If I was able to negotiate the steps to the bar downstairs, if after a drink or two I needed the toilet, I would have to go out by the steps, around the back and use the toilet facilities upstairs. However by that time I probably would have had an accident due to the time and effort taken to get to the toilet. We felt that the place discriminated against those that had mobility problems, but not sure if it warrants a complaint. We have never experienced this with any restaurant or pub that we have visited. In the end we drove into the nearest town for a chat and a drink. A round trip of about 8 miles. What is your opinion as we are not looking for money, but for things to made more compatible for people with certain disabilities relating to mobility?

Hi, I was wondering if somebody could answer a question for me please. Do you have to be registered disabled to cite disability discrimination in a grievance? Many thanks in advance. PP

All, I have read this thread with interest as it seems very relevant to me. One big difference is that the respondent has asked for me to consider JM and the CMD (by telephone) is scheduled to last 15 minutes. I have already said that I am in agreement (really good things to do with my life, still, but very annoyed with the company who sacked me). I will ask for a statement of position and expectations from the other side and also for them to meet the cost of legal representation on the day to approve any eventual agreement. Or the cost of it afterwards, to sign it off but I am wary of them changing their mind after the event. I have a question about the accuracy of the ET3 put forward by the respondent - if it is false in any way does this disadvantage them? Two items particularly:- They have changed wording in a letter (correct copy is in the bundle) I wrote to them that presents me in a poor light. Also, during the disciplinary process and appeal the company referred to a letter notifying me of the grievance appeal outcome, which was unsigned and wrongly dated, that I did not receive. I did receive a signed letter a day later that overrode much of what was in the letter that they refer to, which was signed and is in my possession. The actual letter I received was satisfactory to me whereas the one quoted was not. Are these things important to an ET? Following my grievance appeal and the letter issued the company went straight into an (inadequate) investigation of points I had raised and subsequently held a disciplinary meeting. I was then dismissed, pay in lieu of notice, from a responsible job and after 11 years with the company. An appeal was unsuccessful. Any comments would be very well received - I haven't started a new thread as I think there are similarities here. In addition, a compromise agreement is seen by employers as covering things up. This may disadvantage a job seeker, particularly where CRB checks are required. What is anyone's view? Loquitur achieved a good result - well done.

Hi Guys I am in need for some serious advice. I will try to keep the story as short and as concise as possible Basically I manage a take away shop with around 20 employees. I have become very fond of one of the girls that works there, who is also in a position of management (below me,I am her boss). I have done things like indirectly telling her I like her. Giving her hugs. Getting her a small present when I am on holiday. She is a friendly type of girl also and likes to mess around and joke around. She is a lot younger than me,by around 10'years, and is in her late teens. It seems that, without my knowledge, everything that has been happening between us, she has been telling other colleagues at work. The things I have been texting her, what I have been saying (nothing overtly sexual or anything, just simple things during the course of text conversation like telling her I think she is a nice girl..that kind of thing). I have never come out and told her directly that I like her or want anything more. I thought everything we talk about would remain private but I guess this kind of shows her immaturity. Now this is where the story gets interesting.. There is another girl there, who is a friend of hers. She has been taking in everything that has been going on, but has never mentioned anything about it. Until now, when I asked her to do some cleaning in the store (which is normal) and she refused based on the fact that she has never been asked to clean before and it is 'not in her job description'. This set her off and she started telling me how ****ed off she was with everything and how she was going to complain to someone higher than me. She accused me of being a little bit 'pervy', and that she knows everything that has been going on. She thinks I am abusing my position and not drawing the boundaries as someone who is in charge. She is the same age as the other girl. I think part of the problem here is perhaps her jealousy, the fact that she hasn't received this much attention from me. I don't know. She is a little bit jealous that the other girl has progressed and she hasn't but to be honest her work standards are no where near the other girls. So my question: 1- can she make a complaint about me based on what she has heard I have said to this other girl or the fact that I have given her hugs? Can she complain on someone else's behalf? Bearing in mind the girl in question has never mentioned anything and we still have a great working relationship..? She was like I don't think this is appropriate behaviour for a person in charge and I feel you are crossing boundaries..but what's it to her? I told her that if I made this other girl feel so uncomfortable, then why has she never complained to me about it? 2 - what do you do when someone *believes* they are being mistreated, even though you know for sure you are not mis treating them, but it is their bad behaviour that is causing you to take action and reprimand them? People seem to play the "I am being discriminated against" far too easily these days, even when there is no grounds for it.. She was saying things like "you don't like me, you never have anything good to say about me, you always criticise me''.. And then she was like "it's the way you looked at me when you asked me to clean, the way you spoke to me..like I am a piece of s*%#$.".... I definitely didnt do either of those things..i am very careful about how I talk to people.. How do you tacle the 'I am being dicriminated against' argument.. 3 - she is threatening to go to my boss to "tell him everything that has been going on" ..as potentially she knows this will be bad news for me.. I am wondering where I stand legally.. Is there anything that could potentially get me in trouble here bearing in mind she hasn't made anything official yet? I dont know to act now.. 4 - how do you act when the girl in question is friendly in nature.. I.e, she keeps hitting me with things, play fighting.. Stuff like that.. Any advice you can give me would be really appreciated... I am worried about my reputation and position.. George

I have an ongoing ET claim and are past the Disclosure stage. Hearing is at the end of Sept. My claim is: Unfair Dismissal Disability Discrimination by failure to make reasonable adjustments Procedural Irregularities in my dismissal I have thoroughly reviewed the bundle provider by the respondent's solicitor and matched it to my own papers. I've copied the additional paperwork that I have to them. I've written to their solicitor asking about any reasonable adjustments that were considered in 1. my case. 2. for other people in the organisation. In 9 months worth of paper were reasonable adjustments any alternatives considered were never mentioned or inferred. I know what it doesn't quite work like that! OH in discussion with me should identify any options/alternatives . As it happens, the first time it was mentioned was 9 months later in my capability hearing. I suggested a number of alternatives, which were dismissed without consideration. And I was dismissed. Interestingly, a new document appeared in the disclosure which seems to be the justification for my dismissal which includes reference to the level of compensation I will receive (c.£5k). Surely it’s inappropriate to factor in the panel’s decision? Anyway, my main query was the solicitor has responded telling me that my request for more information on reasonable adjustments considered for other people was too wide and to be more specific. He helpfully pointed about that the deadline from lodging a discrimination questionnaire has lapsed. How do I respond? My aim of asking this question was to establish that firstly the Same adjustments I suggested have been implemented for other people, and therefore are reasonable, and/or secondly the business is ‘flexible’ enough to accommodate things like part time working in my role, cross-site working etc, which it is. Any views?

Hello, I am looking for some advise on the following issues I have at work, I am unsure who I should be going to as I feel it may have a detrimental effect. It is my intention to leave my present employer shortly but would like to preserve my current working conditions short term. Heres my story... Around 3 months ago I approached my GP due to pain I was experiencing in my back, tightness in my chest and also brought to his attention a small lump on my back. This was then dismissed as a dip in my fitness due to smoking, an over exertion to my back and a fatty lump. In the next weeks after this I was intermittently experiencing pain in my back which was not alarming to me and I continued to dismiss it myself. Around 1 month ago on a Saturday I was woken by severe pain in my stomach, back, shoulder and groin, this then continued to get worse over the day and into the Sunday. I gained very little sleep these two days due to the pain and the worry that this may be something serious. On the Monday I tried to seek a medical consultation at my GP that day but my practice had no available appointments, the pain continued to become more intense causing extreme discomfort. That night I slept for under an hour, I made the point of getting an emergency appointment at my GP which I was successful in. The GP I seen on the Tuesday suspected gallstones but this could not be diagnosed until a X-Ray and Ultrasound could determine it, she booked me in the next day for blood tests to check for liver function and any other abnormalities, in the mean time I was prescribed painkillers. Again I slept for under an hour that night and was still in extreme pain and discomfort. On the Wednesday I continued to have the pain, worry, extreme discomfort and lack of sleep. The last thing I remember from the Wednesday night was looking at my alarm clock around 04:30 (due to wake up at 05:30) - next thing I know I wake up at 06:40 already 40 minutes late for my shift, it then took me a further 45 minutes to arrive at work. Upon arrival at work I was feeling drowsy and mildly dazed, instead of running straight in I decided to walk at a reasonable pace whilst having a cigarette which I hoped would help me compose myself, this did not work so I went to the cafeteria and made myself a hot drink and made my way to my desk where I felt I was noticeably in distress and not quite compos mentis. The above is a background and a lead up to the events that then followed. I was taking into our meeting room where my 2 managers gave me the "riot act" where they explained that I had showed a lack of commitment a, complete lack of respect to my colleagues and a terrible attitude for not coming straight in to give my apologises. During this I was unable to give my full attention and take it all in, instead giving a stuttered response behind the reasoning of it. My role requires me to undertake visits on offshore vessels when they are in Harbours, I was told to go do this "to wake me up." On my return I was taking back into the meeting room where it was explained I was to take a drug and alcohol test because it is policy, to determine if I was out the night before and set an example to my colleagues about being late. Apart from the urine sample which was giving in a taped of toilet, the remainder of the test took place in a office which has a glass partition wall separating busy accounts department. I felt this was quite intrusive and showed a lack of respect for my privacy and dignity. This was then worsened by them announcing what was taking place to my colleagues and them disclosing the results of the test (which were negative.) I feel that I have been slightly mis-treated by my company here and am completely convinced that regardless of the results these should not be shared to everyone. What adds to this is that previously one of my colleagues told everyone (including management) that they were out the previous night and would be unable drive works vehicles because they were still a but drunk. That morning she was required to drive as part of her job role. Instead of a drug and alcohol test taking place, every one laughed this off and had a bit of a laugh and joke. Also, I had gave my managers daily updates on what was wrong with me that week and the effect it was having on my mentally and physically. At the moment I am awaiting an ultrasound and x-ray to determine the cause of pain, I am still experiencing pain but this is being managed effectively by stronger painkillers. Thank you for reading this long story and I would greatly appreciate if you can advise me on this.

Hi, I have an ET for a couple of things, including an equal pay claim (I still to this day do not earn what my predecessor did), and some contractual maternity pay that they refused to pay (not acknowledging TUPE). I need to do a schedule of loss, and have a few questions, hope someone can help! Are there any special rules about format? I was going to use Excel with totals at the top and then all the calculations etc below. With the equal pay claim, my predecessor received a company car and fully expensed fuel card. How do I work out the financial value of this? Obviously the equivalent car allowance award (£6300) is not enough, in my view, because if you take in to account maintenance, tax, insurance etc then the car is worth much more than the allowance. And fuel is obviously variable so again how do I put a figure on that? My calculations will include 2.5 years of a significantly lower salary - can I include overtime and pension contributions (matched by employer) within that? EG by calculating the difference - what they would have been if I had been earning the higher salary. My ET is (mostly) for sexual discrimination (as well as some breach of contract), and I have subsequently filed another ET for victimisation, which is to be heard at the same time. As the claim is, in part, for sexual discrimination, I understand I could possibly be awarded more than just costs - there could be damages on top. Do I put damages in my schedule of loss? If so how do I calculate this? I don't really understand how that side of it works at all. Any help would be greatly appreciated! Oh, and I'm not represented, I have a friend who is a self-employed HR consultant who has given me a hand with things, but no legal representation. I cannot afford legal help, but do not qualify for legal aid.

Hi I recently booked and paid for car hire in Spain. I paid a fees and charges up front. When I got to the airport I was refused the car as I didnt have a credit card. I was left stranded with my family and had to get a taxi at 60 EURO there and back. They refused all other forms of payment. Have I been discriminated against by not having a credit card despite having paid in full. And all other forms of payment were refused. Can anyone point me in the right direction TheKid

Hi guys, Just wondering if you could help me answer my query: (claims of race discrimination, victimisation and constructive dismissal) When claimant resigns in the middle of appeal investigation to earlier grievance in an act of last straw motion from the authority appealed from, do the remaining discriminating actions of the employer who in the end decides not to uphold appeal (surprise surprise but hey! manages to dig themselves even more) count as acts of disrimination and can be claimed in ET1 or is it all until resignation (apart from discrimination with references, whenever that is the case) that should be put in ET1? (the "post-resignation discrimination" will be evidenced anyway, innit?....another bunch of **** looking for trouble...) Ta. xxx

Hi, I am trying to find out if anyone with hearing loss that has been discrimiated against by an employer has filed an Employment Tribunal claim that may be out of time? My Case I have been working for my employer (A major Bank) for nearly 4 years, they were aware of my hearing impairment since I joined the company. In 2010 they made changes to my working enviroment which became fully opened plan, more colleagues/desks and a public area nearby. With no solid walls or anyway that I could minimise noise levels, I ask my manager to relocate me to one of the offices on the next floor which was denied on the grounds that she couldn't keep an eye on all of us so wanted us to be where she can see us. This lead to a deterioration of my work perfomrance, I became depressed and unmotivated which was highlighted in my annual performance review in Jan 2011. During this meeting my manager deemed my performance as below company standards and going forward this would cause problems. I continued to raise my concerns with regards to my working area and the impact this was having on my health. My managers comments were that if I was in the business, I am fit and able to do my role. This cause me to breakdown which lead to immediate leave from the business. My GP signed me of with anxiety. I returned brielfy in March last year under the advice from AXA. AXA had arranged a workplace assessment with RNID which would follow upon my return. Since my first day back at work, my manager put me on a performance and attendance plan. This was focused around delivering to sales and expectations as a normal worker. When I explained that I was uncomfortable with this, they said this is poilcy. RNID assessment followed 2 weeks later but my employer by that time had put me in a very uncomfortable position which caused a decline in my health. The RNID assessment soon put some suggestions but my employer did not respond to these verbally and decided to wait to the report to be documented. 4 weeks down the line, no report was received, targets fully set in place which I continued to struggle, capability management was mentioned on several occassions that I was in fear of my job. I couldn't continue and under the advice of my GP, I was signed off again. Throughout my absence, I had cooperated with my employer, attended meetings to facilitiate a retrun to work but they wouldn't allow this to happen until I had consulted with NHS and was fitted with any appropriate equipment. I advised that this would take some time. Until this was done, my employer wouldn't action any further suggestions from RNID. My consultations with NHS was completed in Dec last year. Feeling vulnerable and apprehensive about my return back to work, I contacted Shaw Trust. It was decided that they would attend (With me) a workplace meeting with my manager to plan ahead for my return. The meeting happened in Jan this year. My Manager was quick to explain that when I start back, I would be on a plan again and that they would consult with RNID to do a new workplace assessment and we will use a trial and error period to determine whether I am capable of doing the role going forward. My return date was set for 1st Feb 2012. In Jan, (Feeling stronger and moving away from the dark cloud) I raised a formal grievance against my manager over the her conduct and the poor handling of my RA's. I then raised a ET claim. On my first day back in work, the management couldn't have been more acommodating....I was told that I would not be put on any plans, I was to be away from selling, take my own time to adjust until a RNID assessment was done etc etc. WOW! What a change! My grievances meeting were held, but none were granted in my favour. Instead they fully denied that I raise any difficulties with my hearing, my manager denied any conversations I had with her! To date.....My ET case is fully supported by my solicitor which I am paying for, However, the solicitors representing my company have deemed my claim to be out of time that the ET have no jurisdiction to hear my claim especially as there is no continuing act of discrimiation as my employers are now doing everything they can to implement RA's. It has been suggested that the deadline to raise this would have been Dec 2011 (Whilst I was away from work). Has anyone encountered a similar situation, this case does sound 'complex' I admit! Any thoughts and suggestions will be appreciated.

Hi Folks, Briefly....started work for a compnay on 11th Oct 2011 and went on sick with Depression on 28th Oct. Reason is that I am a gay man and I received constant comments and 3 members of staff bullying and harassing me on a daily basis about my sexuality "wife" and my civil partnership. Hand drawn pictures (pornographic) of men. I have submitted by grievance and am awaiting a meeting probably next week. I am only getting SSP and am at a financial loss of about £1,200 per month. They are a SME company with about 30 employees and I feel at present I could not go back. My doctor is comitted to supporting me and as I am depressed he will keep signing me off till I am fit. At the meeting do I suggest a Compromise Agreement ? I know I can take a Tribunal claim but don't feel I could afford this. Your views would be helpful.

Hi guys; i am really desperate for some help. I will start from the beginning and briefly explained the situation. I started working for this company 4 years ago. The first year i was a full time employee and worked 35 hours shift a week. A year later, i started university and i have asked for flexibility, i was given it right away by my current Manager and HR. All i had to do was to give them the hours i could work in a week. Agreement was to do 20 hours per week. For example: I worked 4 days a week 5 hours each. But because some days i had classes midday, i could only work 3 hours a day and make up the time through out the rest of the week. This has been going perfectly fine the last 3 years. Now, suddenly (considering this is my last year at university and even better, my last semester) I have been told that my working hours are not acceptable and i was given a disciplinary hearing without much warning! I have provided them with the hours i could work this semester in September 2011, just like i have done the last 3 years. I wrote the times on a post-it note and explained it to the new manager (HR has been replaced since i started work as well). After a month or two, i was given a WLB(A) Form (Work-Life Balance). I denied filling it as i was flexible anyway and thought why should i fill a form and accept not being flexible! The letter stated that i should fill it and if it is accepted, i would be notified! Why, i asked to myself! Are they trying to get rid of me and this is their strategy!.. After a month of receiving the WLB form, i had another letter in my pigeon hole stating that i had a disciplinary meeting scheduled, without even a warning whatsoever! In this meeting i was told that my working hours were not acceptable. Also how i was not allowed to be flexible (when all the other part timers are allowed) I was also told it was in my contract that i wasnt allowed to be flexible! Now, only contract i have is the full time contract i signed when i first started work 4 years ago which mentions/allows flexibility. I have not signed a contract when i become part time, and my contract was a verbal one. If there was a problem, surely, i should have been told about it years ago! My working hours have never affected the running of the department as my HR claims right now. I go to work, do my shift, do my job and leave. And clearly as everyone also states, i am the best at my department. I have asked my line manager if he had any problems, he said no. My supervisor said no! I just dont understand what is her (HR) problem with me! In the meeting she also mentioned how i called in sick this many times and been late 8 times! I have been late because my motorbike was broken and i had to take public transport which takes 1 hour or more to get to work! She also mentioned about last minute holidays! She said i need to give at least 3 working days before booking a holiday! I asked why they were approving if i wasnt allowed, she managed to change subject! If i have to take a day off for an urgent matter, i always ask in person. And if i am allowed, i fill out the holiday sheet! Ok, here is the last part. Today i went into my pigeon hole and the second WLB form she has given me was stolen from my pigeon hole together with the staff handbook i was given after requesting it! The letter was dated 05.12.2011 when in fact she placed it in my pigeon hole on the 8th of December 2011! So i had it signed by a colleague. I wrote received on the 08.12.2011 and he signed it. Then (stupidly) i put it back in my pigeon hole! I told my manager today that both items were stolen from my pigeon hole and he said he would talk to HR I took the rest of the day on sick leave and left after working 2 hours. Later today i received an email from HR (on my very personal email address). She said that she heard i "mislaid" the form she has given me for the third time and she attached a copy in the email and asked me to fill it and send it back to her today! I have no intention of filling the form as i dont see it necessary. We already had an agreement since i started working part time and how on earth i am being asked to fill out a form after 3 years of service! I would be really grateful if you could help me on this matter as this is seriously stressing me very badly! I am a student and i cannot afford losing my job. And from what i can see, this is what they are trying to do! By filling the form, i believe i will be accepting a new agreement between me and my employer which will not be for good cause. I really appreciate all your time for reading this and any input will be appreciated. Many Thanks...

I have worked for a large local authority for seven years. About 2 years ago I was transferred under a new manager following an internal restructure. A year in, my relationship with the manager was extremely problematic and I submitted an informal complaint, to her manager at the time. 2 months past and nothing had changed, despite the person dealing with the complaint (a senior Director) stating in writing several other complaints of the same nature had been received against my manager, and so I submitted a formal grievance. The grievance was investigated fully, but was not upheld and in most areas it was dismissed. Reading the report, the manager is criticised, and described as “having poor regard for corporate policy and procedure”; and her working methods are described as “not best practise”. The evidence against the manager was/is pretty overwhelming and I believe it has been covered up. I appeal the outcome, it is investigated at a higher level, but is still dismissed, however similar negative comments are made about the manager and my line management is transferred to someone new (at my request). I am praised for my professionalism and courtesy throughout. I intended to appeal this decision but redundancies were announced internally and I became nervous about “rocking the boat” so did not. And that leads me to where I am today: Whist the second investigation was underway; I was informed of staffing reductions in my team – this is linked to the council’s settlement from Govt and is similar across the Country and I fully understand that. My post has been deleted. The manager questioned is ring-fenced to 1 remaining full time post (originally advertised at a grade I would be able to apply for, but when I query this, the grade is increased meaning I am not eligible to apply). The only other posts in the team were proposed to be 3 part-time posts meaning I would not be able to apply. During consultation, they back down and create 1 full-time post in addition to the management post and I have was ring-fenced for interview with 1 other candidate. The appointing panel was chaired by the manager who I took the grievance against. Despite my scoring very highly and being “very appoint able”- scoring an average of 29.5 out of a maximum possible score of 36 I am not successful. The feedback I am given on the day is that “the other candidate had the edge” and “the panel had to consider team dynamics”. The successful candidate is less experienced and is someone I recruited and managed for nearly 3 years. The post is a specialist role, that requires specific experience that I know the successful candidate does not have. I am now on notice of redundancy and am waiting for formal notification to arrive. The Authority will attempt to redeploy me however there are very few posts. My questions is: do I have a claim for discrimination/victimisation given the history to all of this and could this potentially amount to unfair selection for redundancy? I am seeking independent legal advice now and have an appointment later this week with an employment solicitor but I would be grateful for any thoughts you may be able to offer. I have followed posts on this website for years but this is my first go at posting one! Would be very grateful for any thoughts!

I have a thread about my current Employment Tribunal already but am concious that using just that one thread will make it more difficult for people searching for advice on similar issues. I want to use a 'Comparator' to show I have been treated less favourably. The concern I have is that I don't have detailed information about the comparators or any proof to back up my argument - just what I know. Will an Employment Tribunal expect me to be able to provide proof? How can I obtain the information? For example, one element I know is that; I work with vulnerable people in their own homes, providing generic support and advice; The comparator works with vulnerable people in their own homes, providing specific support and advice.

June 2008 I started with a billion Euro multi national. I found I was physically and mentally weakening and took a lot of sick leave. Work sent me to Occupational Docs and I explained myself and was examined. I continued to become more ill. Eventually, on the verge of suicide etc. I begged my doctor to find out what was wrong with me. He took my blood on a hunch and discovered I had a brain tumour. MRI scan confirmed I had a macro Prolactinoma and it was massive but totally treatable over time. How long? I cannot get a definitive answer but it looks 3-5 years. A year on I had to return to work because I had no benefits etc and the first day back, I was ignored by my collegues and one actually accused me of taking the ****. I tried to explain myself but was just sworn at and shouted down. The entire staff seemed against me and I was immediately moved to another department and they weren't happy with my prescence either. I put in a grievance. Investigation took place and I stated that all I wanted was to be happy and be allowed to recuperate. Workmates weren't happy. Meanwhile, I make sausages as a hobby and used to give some to various people at work and also sold some at work-about £25 worth because people ordered them. I thought nothing of this as other collegues sell rabbits that they've shot, fish they have caught,chocolates and knock off clothing. 3 months from my grievance they charged me with gross misconduct and suspended me. This really set me back immensely. I was given a final written warning valid for 12 months but my health and well being really took a beating. Told the doc what had happened and he booked me off. My consultant also saw the change in me and said I had depression. I have put in another grievance against management for not dealing with my situation properly. Ignored and now they want to dismiss me on medical grounds. I am still in a lot of pain and I am still depressed over being a social outcast at work. Any ideas? They have requested my med records now but I am reluctant to give them my permission. By the way, had my condition been diagnosed when I first displayed symptoms, I would have probably been healed by now but because the docs hadn't detected it, the disease really caused mayhem in my body and mind. I can honestly say that I would have preferred to have been crushed and spent 10 months in hospital than this horrible disease. It has cost me dearly.

Hello there, I need some help and advice for an issue my wife is having with her now ex-employer. I've posted briefly on another thread but now I have more information on the issue and feel that starting from the beginning will be the best thing. My wife was moved to a different department at work. As soon as she was moved to the department, she realised something wasn't right. She wasn't included in conversations, ignored when she spoke, not included in team social gatherings, not included in the tea run and so on. As time went on the situation began to affect her quite badly. My wife spoke to her manager to find out what the issue was as it was getting her down. Her manager told her that nothing was wrong with them and it was all her. My wife didn't understand how it could be her as she had tried to get involved in conversations and such but was ignored. After this conversation the situation got worse. As a result, my wife sank in to depression. I lost count of the times she would arrive home after work in tears. As she had to have a couple of hours off of work in the morning due to having to go to the doctor regarding her depression under company policy this required her to make up the time. My wife's manager would shout across the office in an agressive manner regarding the time that needed to be made up and that it needed to be made up immediately. But at the same time the manager would quietly speak to someone else, that owed time, in a sympathetic manner and ask them if there was a time that was convenient for them to make it up. My wife saw this a totally unfair. On her next visit to the doctor, my wife was told that he would sign her off of work in order to have a break as the situation wasn't doing anything to help her depression. Upon speaking to the Human Resources manager at work, my wife was told "What's the point in taking time off? You'll still be depressed when you come back." The weeks went by and the situation stayed the same. My wife went over her manager's head and spoke to one of the directors. The director, without even speaking to my wife's manager, said that nothing was going on and it's in her head. My wife managed to convince the director to speak to her manager. Unsurprisingly, when the director got back to my wife, he said that her manager had said that it was my wife's fault and it was her attitude that was the problem. A meeting with the HR manager was set up. In the meeting, my wife was told that her depression was NOT caused by the situation at work. She was also by the HR manager that she had never heard anybody say anything bad about my wife and then a few seconds later said that she had heard people saying that they didn't like her. The HR manager contradicted herself again and again. A meeting was then held with the director and my wife's manager. In the meeting, my wife requested to be moved to another department. This request was refused. It was also mentioned in the meeting that it was because she was suffering from depression that was causing the problems, not work. My wife left the meeting and made the decision not to return to work the following week. My wife has kept a record of all the incidents that took place. The above is a condensed version of events but accurate nevertheless. My wife spoke to ACAS. ACAS informed her that it is constructive dismissal and their failure to address her health problems was a violation of the Disability Discrimination Act. ACAS advised my wife to request that she be paid her full month wage as, according to ACAS, she is fully entitled to it. After 7 days, my wife's former employer responded via letter. In the letter, they basically say that it was all her fault and the depression was the problem. She would not be getting her full months wage as she had not worked for it and she would only get what she was owed. She was paid correctly. I've come on here to ask for some advice on what to do next. Thankfully, my wife is starting to feel better now she has left and I'm trying to help her make a case against her former employer. If anybody can offer any thoughts and advice it would be greatly appreciated.