Constructive Dismissal

[2Cat]

I think you are referring to "Employment Tribunal claims - tactics and precedents" by Naomi Cunningham and Michael Reed.

 

Cost about £30 on amazon and in my opinion is money well spent. I've found it a really useful reference for those self representating.

 

Third edition is the latest edition (I spent a long time checking). But there is a website which supports and updates the book:

http://etclaims.co.uk/about/

[miss_tt]

I have just also purchased the 'employment tribunal claims - tactics and precendents' book and it has been a godsend particularly as i am helping out a friend on her claim - i got mine of ebay which was £15.00 so got myself a bargain.

[TheUmp]

Thanks to both of you for the information. I have just checked online at my local library and they have a copy of it. Happy Days!!

[SweetLorraine]

Indeed - this book is a godsend. The website mentioned by 2Cat is really useful as well - it is regularly updated.- particularly the author's blog.

 

But do continue to use this forum.

 

Good luck

[2Cat]

If you can afford it, I would buy the book (I don't receive any commission btw). Particularly if you can find it for £15!

 

The copy I have is full of highlighting and post-its and scribbles, which I personally found easier. And quicker looking for specific wording for letter etc. And you won't have any problems, renewing. My local library had a waiting list of 45 people, must be from a very litigious county!

[2Cat]

I've found an another useful reference when going through my files.

I've got a booklet by Tamara Lewis, "Claimants companion", which CAB gave me.

 

Its a Centre London Law Centre publication which provides another useful summary.

I vaguely remember there is another book by Tamara Lewis. I think it was an advisor's handbook but I've not got that one.

 

Hope that helps.

[TheUmp]

Hi

 

 

I am just in the process of taking out an ET against my employer regarding Disability Discrimination.

 

Within the form that I have received is 'Grounds of Resistance'

 

Do I have to respond to each point, even if it is a point of fact, and those that I disagree with, do I give a full answer or just make points

[becky2585]

You don't have to respond to any of it - that's the purpose of the final hearing

 

Have any directions been issued? Sometimes the ET will send out standard directions and list the hearing when the ET3 is sent out. Otherwise, they may be waiting to list a case management discussion or pre hearing review.

 

Oh just to add - the ET will order witness statements, where you put all your evidence down and have the opportunity to rebut all their allegations.

[lbruk]

No, you dont have to do anything bar read it a laugh (if it was anything like the one i received)

 

Its a good idea to now start thinking about your statement and how you can prove each of the things the have listed in the "grounds for resistance". The more time you give yourself to the statement - the better - even if its just drafting thoughts, writing a timeline, working out witnesses etc etc

[TheUmp]

Hi again everyone.

 

I have an ongoing situation with my employer and am going through the process of an ET due to alleged disability discrimination.

(check out my previous posts for details)

 

The alleged discrimination took place about six months ago, and my employer did absolutely nothing to solve the problem, until the ET letter landed on their doormat.

Since then, they heard my appeal, which should have taken place in early May, if company timescales were followed, which they obviously were not, and they have sent me a letter saying that they can now accommodate me, before the appeal documents have even been returned to them.

 

My question is, do you think that an ET judge see their actions as being reasonable,or the desperate attempts of the guilty to right their wrongs?

[honeybee13]

Hi again everyone.

 

I have an ongoing situation with my employer and am going through the process of an ET due to alleged disability discrimination.

(check out my previous posts for details)

 

The alleged discrimination took place about six months ago, and my employer did absolutely nothing to solve the problem, until the ET letter landed on their doormat.

Since then, they heard my appeal, which should have taken place in early May, if company timescales were followed, which they obviously were not, and they have sent me a letter saying that they can now accommodate me, before the appeal documents have even been returned to them.

 

My question is, do you think that an ET judge see their actions as being reasonable,or the desperate attempts of the guilty to right their wrongs?

 

Hello there.

 

If you're keen to have advice that includes your old thread, I suggest you either post at the end of it so your old posts will be above the new one, or include a link here, to make it easier for the people trying to advise.

 

My best, HB

[becky2585]

I would suggest its a fairly transparent attempt to limit their legal liability, 4 months too late!

[TheUmp]

Hi again, I have an impending ET claim against my now 'former' employer on the grounds of Disability Discrimination

 

I had worked there for over twenty years before 'accepting' voluntary redundancy this year.

 

After my flexible working application to care for my disabled son, which was refused, I sent the decision making manager a number of emails in April this year requesting the information that he claimed to request from my line manager and Human Resources (which I have in writing), all of them being ignored. I even sent the complete set of copies to his manager (the sector or area manager) Again all ignored

 

I have done a fair bit of reading up on the legalities of my request, so my question is, do my requests fall into the category of Subject Access Requests (in your opinions)

I did quote Freedom of Information in my request, but what I have read suggests that it doesnt matter what you quote to them during the request, the law regarding it stays the same.

 

Ssecondly, would me making contact with the Information Commissioners Office have a negative effect on my ET?

[madari]

Hi

Rather than doing a freedom of information request....it would be more legally helpful for you to issue the company with a `Discrimination questionnaire form DL56`.......if you have already lodged an ET claim then you need to write to the ET for permission to issue the above mentioned questionnaire.

 

Good luck

[becky2585]

I think you would have to be explicit that it was a DSAR in the letter, implying it isn't really enough.

 

I don't see how contacting the ICO for guidance would have an impact on the ET case.

[Pusillanimous]

Bearing in mind, the ET does not have any jurisdiction over the Data Protection Act or Subject Access.

[lbruk]

You can request from the employer all records of employment under the Data Protection Act with a Data Subject Access Request. Send £10 and head it as a DSAR and request vaguely what you want, I wouldn't be specific as then you might not get everything. They have 40 days to reply with the information that can include emails and handwritten notes. A D56 Discrimination Questionnaire can be sent - but they dont have to reply, a DSAR they have to reply by law.

[Emmzzi]

You either accepted VR or you didn't. There is no such thing as "accepted."

 

Was it done by compromise agreement?

[TheUmp]

Ibruk, I made a formal request by email, stating the Freedom Of Information Act on 16/05/2012 and then twice more at later dates. Nothing has been acknowledged or answered.

 

Emmzi, my son was diagnosed with ASD in January and as part of his care, without me going into detail on here, I needed to be with him on a Saturday, and formally requested this from my employer, (there is another employee with a son with a similar condition who has his own arrangement granted by the employer) When my request was refused I couldnt attend work due to the stress and anxiety of the situation and this remained the case. My request for an appeal was refused until two weeks ago. This coincided with the ET landing on their doormat and my last day at work due to the VR

While i was sick my manager called to my house and offered me the redundancy papers, which I had stated, along with almost everyone else in my office, that I was mildly interested in what financial offer was available.

I signed and returned them as at that stage I saw it as the only way that I would be able to care for my son.

I hope this makes sense

[Emmzzi]

Ok. Technically you have not resigned so that may be a barrier. I mainly wanted to check there was no CA as that usually prevents you from taking any further action.

 

You should also be aware that in terms of flexible working it's "first come first served" - there is no requirement to treat everyone the same.

 

If you are reinstated you will need to pay back VR less what you would have been paid if you had not left. If reinstatement is what you are going for, is that financially viable for you?

 

If that is not what you are going for, what is your desired outcome? And was the VR especially generous? (that may offset any potential claim.)

 

 

Just trying to help you decide if it is economically worthwhile. You can also if you wish post the reason flexible working was turned down so we can see if it looks reasonable.

 

 

Edited to add: you signed to say you would like a VR quote - what happened after that? Take us through the process.

[TheUmp]

They used the legal argument of costing money and loss of quality, even though I explained to them how it would cost nothing and no quality has been lost in the past, and as we know the best way to predict the future is to look at the past.

 

The VR was touted earlier this year and most people decided to view a potential quote as a matter of curiosity.

 

My main point of arguement (the reason for my ET) is that I havent been treated the same way IE Discrimination by association, as the person in the same circumstance as me.

 

I have no wish to be reinstated now or at any time in the future, I just want it made public I suppose that I worked for an unscrupulous employer

[Emmzzi]

Is there anything stopping you going public with that without the hassle of an ET?

[TheUmp]

I dont understand Emmzzi, what do you mean by going public?

[Emmzzi]

You want people to know you have been treated unfairly.

 

You are not going to an ET for money or reinstatement.

 

So just tell people. A letter to the paper or a well publicised blog may get a greater readership than any ET result, and if what you say is truthful and you have evidence for - do it?

[Emmzzi]

here's an amazing example, went viral yesterday

 

http://www.mediabistro.com/agencyspy/departing-mec-london-staffer-does-best-half-baked-homage-in-goodbye-letter_b39162