Mediation to prevent tribunal hearing - thoughts and advice please.

[SuperJon]

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.

[Emmzzi]

Well, an Et will look at what the company did to try and resolve things, and if they did everything they could, or tried and you refused to see if it would work, you are at least partly at fault for the breakdown in the relationship, so get a smaller/ no payout at ET.

 

What are you trying to get out of this situation?

[SuperJon]

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!

[Emmzzi]

I'd go meet the director and lay on the breakdown of trust etc then - if you are up to it (and opinions differ on this one) drop "compronise agreement" into the situation, some say it weakens your hand, I'd say it cuts through the fannying about.

[mariefab]

Isn't it possible that your harassing line manager lied when he said that the comments were made by the Director?

Perhaps in order to deter you from complaining to him.

 

Are they saying that they want you to withdraw your tribunal claim before the mediation begins?

If not, you might be able to use the mediation to negotiate a suitable settlement.

[SuperJon]

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.

[SuperJon]

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).

[Emmzzi]

Well, you can say without saying.

 

"I find this all very stressful, the situation created by the comapny. I want to be treated fairly and I believe the tribunal have a good chance of finding in my favour; but if there's some way to resolve this faster, I'm open to ideas."

 

Hard to say if it is worth it without knowing what your boss usually does. Not much to lose though?

[mariefab]

I wasn't trying to suggest that the company isn't liable for the harassing manager's behaviour.

I was kind of suggesting that it's possible that the Director could operate in good faith in mediation.

 

If you have a good case they should be open to the idea of settling it, if only because doing so before the tribunal hearing will save them considerable legal costs.