I'm going to represent myself & need advice?

[nikki5]

?Dear All,

My name is Nikki and I have a huge problem, I work for a large financial institution and a few months ago, was flung off a chair by my boss for texting my Mother who was sick (some may say it served me right) but its only because she was in Hospital and I was not given time off to go and see her. My relationship with my boss has ben deteriorating for quite sometime and he had created numerous incidents to make me look incompetant and shout at me in front of my colleagues.

 

Around the same time of the chair incident I was wrongly blamed for an incident, which not only made me out to be untrustworthy but dishonest, which I assure you, I am not. After hiring a brief to help me they dropped all allegations against me, only after the company took their time to drag it out as long as possible, at the expense of my health and when questioned about the delay they blamed me for not signing documents, which is ludicrous as I had given my breif full authority to deal on my behalf.

Their reason for dropping the charges was because apparently I was still under training, which is rubbish as I had been in the job for 2 years when the alleged incident took place.

 

My health has suffered badly and I've had a number of anxiety attacks and my GP signed me off for stress and depression.

Since then I have been bombarded by calls/txts/messages from work including one from my boss's assistant asking is I 'was still skiving?'which didn't do much for my health.

At the time my health was not up to par so I hired a solicitor to help me save myself as the company had sent me a letter stating that the disciplinary against me could 'lead to my sumary dismissal.' She faught my ground for over 6 months, I have spent 10,000 pounds in legal costs and now my legal rep wants another 3000 pounds to put a claim into the tribunal.

The company investigated all the claims made, and surprise surprise have proved all of my claims incorrect. But I have proof suggesting that they were true.

 

I have exercised all of the funds I had in savings and borrowed some from my parents, but now we are all out.

So now,I have prepared my case to the tribunal, I have been on a number of websites and understand the procedure but have no idea weather I submit it on the' old' forms or the 'new' system.:idea:

 

There are a number of issues which are included in the case such as;

race discrimination

health issues

Harassment

 

I am also in the predicament that I do not qualify for legal aid, and really would like someone to check my claim before I submit it. If you know of anyone or an organsiation that could help, I would be greatful for any advice?:idea:

 

I am so sorry to go on and on, its just I know that its such a large financial organisation, I need to ensure for my own sanity that the Tribunal hears my side.

But I do not want to leave anything open for the company lawyers to say I did not do it properly as this began in June 2009 and I really do want a fresh start in the new year.

 

Thank you and any guidance would be appreciated.

[cynic09]

Thats one hell of a lot of money to have forked out on an essentially free service

[honeybee13]

Hi Nikki5

 

I don't claim to be an expert, but from reading other posts about work problems, there's the CAB, the acas helpline who I found to be good, and I believe you can ring the Tribunal office.

 

I hope another cagger will be along with an opinion.

[monkeychicken]

Hi Nikki

 

First things first

 

Have you lodged a claim with ET?

 

I am sure many here will be happy to help, but I think you need to take it step by step.

 

There is a strict time limit for you to bring many of the complaints you highlight. So you need to determine if your claim is in time For race discrimination, the time limit is three months less one day from the date of the incident, or in the case of a continuing act of discrimination, from the date of the last incident. ET can extend the time limits if they consider it to be 'just and equitable' to do so.

 

Hendricks v Commisisoner of Police for the Metropolis has established that it can be just and equitable to extend time limits where Claimant was not aware of the discriminatory act and the issue only crystallised in her mind within three months prior to bringing a claim. You can get the case from the BAILII website and analysis by googling 'hendricks police'.

 

 

With respect to the forms, essentially if the incidents you complain about happened before April 2009, then you use the old form otherwise you use the new form. Tribuanl offices will help with that - but it is more beneficial to bring the claim under the old system, as the time limit is extended by a further six months under certain circumstances.

 

 

Have they determined your disciplinary yet? because that becomes relevant also.

[nikki5]

Hi Moneybee,

Thank you for your reply, I went to the CAB as your advice, but they are closed until the 4th January. So I surely try again.

Thank you.

 

Hi Money chicken,

Thank you so much for your invaluable reply, at present I have not submitted anything to the ET.

I called the Tribunal today and they said as all of my incidents happened after April, I should fill in the 'new forms.'

 

As far as my disciplinary is concerened the company responded and confirmed that they would drop all charges against me in September. But all of the allegations I made against my Boss and the company was left for 3 months and I received their last letter in mid November.

So technically I did pick up from my solicitor that it would be counted as 3 months from their last action? I hope that is correct?

 

 

Regards

Nikki

[monkeychicken]

With respect to your complaint, there are two subtlely different acts.

 

Firstly, they have failed to investigate your complaints properly.

 

Secondly, they have continued to have failed to investigate your complaints properly.

 

So, depending on your employers policies, the first act happened from the date you complained (and perhaps about a month after that, because policies normally say investigations will be carried out within a month). This cvould well be out of time.

 

The second act however, seems to be continuing and still in time. What you need to do just to make sure, is to write / email your employer complaining that they are continuing to fail to carry out investigations into your grievance, contrary to their policies. Also say that you feel you are being discriminated against and you are aware that other employees complaints are promptly investigated.

 

I know this seems splitting hairs, but I know from personal experience that this is how your employers might try to get out of it - do you not think the three month delay is too coincidental - because thats exactly how long you have to make an ET compliant. I think this is a pretty standard advise that employees receivewhenever they have a potential ET case on their hands.

 

Then you need to fill in a ET1 form, which you can do online. This is quite important to get right.

 

Are you able/ willing to post some details of your case (anonymised) or PM me?

[ms_smith]

 

I am so sorry to go on and on, its just I know that its such a large financial organisation, I need to ensure for my own sanity that the Tribunal hears my side.

 

 

 

Remember, that your employer is a large financial organization physically - due to its size only.

 

The facts you can prove have the potential to be much bigger...

 

Quality over quantity.

Edited January 12, 2010 by ms_smith

[teaboy2]

Hi Niki

 

I just came across your thread after not being on the site for the few weeks, and thought id add to it.

 

Basically am surprised no one here, or you yourself for that matter has mentioned further about the criminal offense committed against you. As although your boss may not have directly come into contact with you when throwing you of the chair, the fact his physical actions led to you being pysically thrown off your chair and probably onto the floor is Assault.

 

Your boss should then have been dismissed after a a disciplinary procedure for gross misconduct and you should have also filed a complaint against him/her with the police, which would have helped your case aswell.

 

you are correct that 3 months less 1 day is from the last action. i.e when all grievance, appeal and disclipinary procedures are exhausted in regards to an incident or number of incidents, and not actually 3 months less 1 day from the last incident. unless the last incident accured at a later date to the appeal, grievance or disiciplinary procedure was exhausted.

 

So yes if all this accured before april 09 then its the old forms you need to submit as stated in a post by Monkey Chicken, but i would also serious condider adding the physical assualt and their failing to take action against against your attacker and therefore failing to protect you to your claim too. As failing to protect you from violence in the workplace is a breach of common law in regards to the employers duty of care. Also an employers duty of care to an employee is also an implied term of your employment contract so their failing to act to protect by not taking any action against the person that assualted you is also a breach of contract which is if you were to resign or even be dismissed constructive dismissal but breach of contract alone as well as being in breach of common law (criminal offence) is serious enough for you to add both to your claim. Also add to the fact your employer is in breach of the pretection from harrasment act 1997 (also criminal offence) so add that too.

 

You should also make a complain about the assualt to the Health and safety executive who duty is to ensure employers are protecting their employees and nighbours also from the threat or injury (mental/pyshical) which includes violence.

 

Heres a link to a legal site that will provide more indepth information in regards to the info/advice ive given in the last too paragraphs.

 

Violence at Work - Employer Obligations

 

Also note you may still amended your claim now even if you have already submitted, simply call the tribunal people and theyll tell you what you need to do in order to amend it.

 

Also a tribunal can not issue any criminal punishment for criminal offence committed by the employer but they do have to consider them and take them into account when hearing your claim but they do treat breach of contract seriously along with the criminal offences that may have taken place. You may then take the company to the civil court for the criminal offences.

 

And for your legal needs have you checked your home insurance documents as you may be entitled to free legal advice through that.

 

Hope the info helps.