Employment tribunal case - respondent making libelous claims about me

[professional1964]

It is too late now as I have sent the list. It is a very long list, and most are emails - so they cannot be massaged (i hope). I do not want to worry about it. I hope I have done the right thing, but I really need them all to be disclosed so as to show the history of the person they are dealing with. 5 women (with me that makes 6) have left because of this person's sexual harassment and harassment, but I am the first to do anything about it. I have asked for their personnel files to be disclosed too as they made complaints about him. 3 of them are going to give witness statements and hopefully attend the Tribunal in person and one doesn't want to get involved and another signed a compromise agreement. I just hope now that I haven't been too greedy with the disclosure request.

[professional1964]

Hi Gez - do you mean after the case is settled it is hard to get back to normal again afterwards i.e. focusing on getting a job. I have been trying like mad to get a job. Must have applied for 100 now. Thing is I was earning good money for a local job (£12 per hour) which is good for a P.A. I cannot get a local job paying that sort of money. I am getting very dispondent and because I have a health issue (a chronic bladder disorder) I do not want to travel up to London on the tubes as there are no toilets on there and I suffer with urgency. My job was local, I could drive to it and my desk was literally 12 feet from the ladies loo. I feel so hard done by. I am trying to focus on getting a job, but the knockbacks are making my anxiety worse. My husband is very supportive though.

[madari]

Hi

 

I had not realised that you were claiming `sexual harrasment`[are you?]

 

If you are then you need to be looking at serving the SD74 questionnaire ASAP.

 

I suggest you go to a citizens advice centre and get some advice on serving this document it is a MUST that you look to serve this very vital Questionnaire on to the respondents.

[professional1964]

Yes I am trying to claim sexual harassment. I heard one Director (the one who was harassing me) ask another Director if he was "shagging" me. They have admitted the conversation took place (in the Grievance Outcome letter), but have apologised if any offence was caused. The thing is I had stated that sexual harassment was one of my grievances and I talked about it in my ET1, but I didn't tick the SD box, because I didn't know that sexual harassment was sexual discrimination. So when I found out I wrote to the Tribunal to ask the Tribunal to add it in. The Respondent then wrote and said that I hadn't mentioned it before. I sent the Tribunal my list of grievances which clearly states that I was sexually harassed, and also I mention the words sexual harassment in my ET1 and the word "shagging" in regard to this particular incident. Of course because they have admitted to it they are probably panicking. I will find out about this SD74. Can I just serve it without going to the Citizens Advice Bureau? I went to listen to a Tribunal and the claimant there got the wrong advice from the Citizens Advice Bureau and did the wrong thing. Can I not just research it and then submit it?

[madari]

Yes you certainly can, but as you have already submitted your ET claim then you would need to seek permission from the ET to servr the documents.

 

An SD74 is supposed to beserved before you have submitted a claim.

[professional1964]

Hi I just called the Tribunal to see if the Sexual Harassment part of my claim has been allowed (it was with a judge). Apparently they have decided, but they cannot tell me over the phone. I have to wait for the letter, which they said would probably be next week. So fingers crossed that they allow it.

[madari]

If you simply failed to tick the box but your grounds for sex discrimination was stated on the ET1 then there wont be a problem, believe me .

[professional1964]

If you simply failed to tick the box but your grounds for sex discrimination was stated on the ET1 then there wont be a problem, believe me .

 

In that case I am confident that they are going to allow it then. Thank you

[becky2585]

Just FYI, the SD74 doesn't exist anymore, not since the Equality Act came into force. The questionnaire can be submitted after a claim is brought, but there is a 28 day time limit. It's not compulsory to file one and it also applies to discrimination, rather than harassment, claims.

 

As I recall it was a limitation issue rather than a tick box exercise, is that right? As in, the incident occurred over a year ago. I'd like to know if it's allowed, just for my own curiosity! Good luck with the claim.

[professional1964]

Just FYI, the SD74 doesn't exist anymore, not since the Equality Act came into force. The questionnaire can be submitted after a claim is brought, but there is a 28 day time limit. It's not compulsory to file one and it also applies to discrimination, rather than harassment, claims.

 

As I recall it was a limitation issue rather than a tick box exercise, is that right? As in, the incident occurred over a year ago. I'd like to know if it's allowed, just for my own curiosity! Good luck with the claim.

Hi I simply didn't tick the SD box not realising it meant sexual harassment. The incident of sexual harassment was just one of a whole list of harassment incidents (which happened daily). The sexual harassment happened in December 2010, but the harassment incidents such as text/phone call and all the other things like flicking water at me and talking to people about me was daily. Perhaps they wont allow the sexual harassment as it was such a long time ago, but it was an ongoing situation, although i did resign in March 2011 (originally) and did mention the sexual harassment in that letter but was persuaded to stay on the promise that a partition would be built and so I agreed to stay, but the partition never got built. They have admitted that they had agreed to build a partition, but didn't. I feel that does acknowledge the harassment/sexual harassment and if they hadn't wanted me to stay they simply would have let me leave without offering to remedy the harassment by shielding me physically from him.