Prelim Tribunal Hearing Next Monday

[midget1]

I am about to walk into a preliminary hearing without any representation next week.

 

I returned to a previous employer, and began struggling with mental health issues because I felt my senior manager was neglecting the department. Not being able to progress and develop my work streams was really frustrating, and it began to make me sick.

 

I asked for help and was referred to OH

OH made recommendations of reasonable adjustments. Negotiations with my senior line manager in trying to implement the advice broke down 3 times (as she tried to change my contracted hours from 37.5 to 40, refused to accept i had a disability, questioned my capacity, capability and performance alongside. My employer was also trying to discipline me for time keeping without making any effort to adjust.)

It got worse:

I was overlooked for a development opportunity that lots of people in the organisation assumed i would act in my line managers role.

I applied for the secondment under the two ticks guaranteed interview scheme - but didn't get an interview.

My senior manager looked at my pre-employment health questionnaire and accused me of lying on it.

I grievanced, and was told my complaints wouldn't be upheld and I should put up and shut up.

I was told my opinion didn't count because I had a distorted perception of reality.

After OH held a case conference to ease the implementation of the reasonable adjustment - i received a six page letter trying to change my terms and conditions and only achieved excluding me further.

Within 3 months of being back at work (working to their rules, and with them still failing me) - they started disciplinary action on me for three offenses. Only two complaints were attained - one was linked to them ignoring OH advice. When OH found out about the disciplinary's he advised them to deal with them swiftly - Feb 2012 - Jan 2014 and not dealt with.

Finally, I took annual leave and went on holiday. Part way through I liaised with my line manager and add an extra day. It was granted. That day my middle manager rang me screaming that I had failed to report, and refused to accept I had a days leave granted. I was going to be disciplined for that too! Very upset I emailed the person I sent the original grievance to saying that the bullying was still happening. I was suspended in July 2013. I've been suspended ever since.

So whilst subject to sanctions of the suspension, and the ?three disciplinary's hanging over me I was encouraged ?(harassed) to apply for other jobs with the employer. On my third application I queried if I should be applying as technically I was subject to sanctions. I was then told, it had all been a terrible mistake and as I am probably going to be sacked I shouldn't be applying for anything afterall.

Two days before Christmas I was emailed to pick up a 6 volume report into why they should sack me. And I should anticipate a letter in the new year inviting me to a meeting to terminate my contract.

 

I have complex PTSD after being abused as a child, and delayed sleep phase disorder.

 

Can someone reassure me they can see a pattern of behaviour that displays disability discrimination?

Can anyone tell me where I can find a lastminute.com legal eagle to support me at the tribunal? (I've tried CAB, their person who does 'employment' is on annual leave - and they can't get someone from another branch.)

 

Thanks for your time.....

[steampowered]

Its difficult to say without knowing the real nitty gritty details ... but based on what you have posted it sounds to me like the biggest hurdle will be proving that you in fact have a disability. The legal test for a disability is quite strict and you need to be ready to justify why your condition satisfies it. You will probably be challenged on this at the hearing - be ready for it don't just assume that the PTSD/abuse/sleep disorder is enough.

 

Once you have shown that you have a disability, then if you can prove the actions you allege in your post that sounds like disability discrimination.

[SweetLorraine]

Hi midget1,

 

if you are due to attend a preliminary hearing I assume you must have submitted a ET1 form? What is the basis of your ET1 claim?

 

Is this preliminary hearing a CMD? - a case management discussion.

[midget1]

Its difficult to say without knowing the real nitty gritty details ... but based on what you have posted it sounds to me like the biggest hurdle will be proving that you in fact have a disability. The legal test for a disability is quite strict and you need to be ready to justify why your condition satisfies it. You will probably be challenged on this at the hearing - be ready for it don't just assume that the PTSD/abuse/sleep disorder is enough.

 

Once you have shown that you have a disability, then if you can prove the actions you allege in your post that sounds like disability discrimination.

 

 

 

Thanks steampowered.

I was asked to provide a statement of how my disabilities affect me for the tribunal already. The feedback from the work solicitors is that they can't dispute the sleep disorder is a disability.

 

I've got one witness who was hounded by my bosses to make a complaint against me. He refuses to. I hadn't wronged him in anyway.

 

I feel slightly better about facing it alone

[midget1]

Hi midget1,

 

if you are due to attend a preliminary hearing I assume you must have submitted a ET1 form? What is the basis of your ET1 claim?

 

Is this preliminary hearing a CMD? - a case management discussion.

 

 

 

The basis was failure to reasonably adjust

Disability Discrimination

Bullying & bullying culture

The incidents which have had the dismissing malicious intents have been listed - it certainly feels like constructive dismissal. Any reasonable adjustment discuss sort to exclude me even further like I say.

 

I don't think it's a CMD - there are about 10 points to be discussed, which will form the case for the hearing.

 

Thanks

[SweetLorraine]

 

I don't think it's a CMD - there are about 10 points to be discussed, which will form the case for the hearing.

 

Thanks

 

That could be a CMD hearing. Have you any correspondence from the Tribunal which explains what sort of meeting it is?

 

If you are unsure what sort of meeting you are attending at this early stage it does not bode well for the future.

[midget1]

Hence my inquiry about representation SweetLorraine

[SweetLorraine]

Hi midget1,

 

seeking representation is one thing - but you have certain responsibilities as well - it is your claim after all. You need to up your game pretty quickly.

[SweetLorraine]

I would add that the nature of hearings differ, which is why you need to know what type of hearing you are actually attending. A relatively informal CMD will seek to establish some of the basic facts around a claim going forward. A formal PHR perhaps could stop your claim stone dead.

 

When you ask about representation I take it you are writing about free representation? That may take time to arrange - as you have found at the CAB.

 

You could write to the Tribunal service today/asap and request that the (CMD?) hearing is postponed so that you can arrange for a legal rep. to attend the hearing with you. A CMD is usually a 'floating' meeting, which means that you could turn up next Monday and if they don't have a judge free to fit it in it will be adjourned to another date. It also means the Tribunal won't blow a gasket if you request a postponement at this point.

[midget1]

Hi Sweet Lorraine,

 

Thanks for your advice.

 

In some way if I go in there completely ill prepared it might demonstrate how my disabilities impact on my life.

 

I have a sleep disorder so only ever have half the time to do things in than people without a sleep problem like mine. And the anxiety associated with the complex PTSD literally prevents me form accessing sources of help in the same ways other people do.

 

It's a "case management order and notice of preliminary hearing"

[SweetLorraine]

I made several mistakes with my own claim (back in the day) because I hadn't prepared properly. It is seductive to think that the Tribunal will help you completely through the process. That is not the case. Just because they have accepted your ET1 does not mean they are saying that you have a valid claim. Far from it.

 

I suspect the collywobbles are setting in a bit as you get nearer things becoming a reality? Understandable.You might have a good claim - but lack of knowledge of the Tribunal processes could undermine you and scupper you fairly quickly. Unrepresented you can feel lost in it all and up enormous pressure on yourself. Your employer's legal representatives won't feel that way - for some the Tribunal service is almost a second home.

 

As always could I suggest you consider getting a hold of a copy of the book mentioned on this website. (Oh, look at that - The brand new fourth edition has just appeared! - You're in luck). It doesn't have all the answers but it will help you understand what is expected of you and the respondent. If nothing else it will help you feel calmer about things going forward.

[SweetLorraine]

In some way if I go in there completely ill prepared it might demonstrate how my disabilities impact on my life.

Nooooooooooo!

[midget1]

I have a feeling my employer's solicitors regard a tribunal as their second home; I'm aware of lots going on.

Surely the judges must see patterns of behaviour forming?

 

I'll get reading. Thanks

[SweetLorraine]

midget1 - what do you hope to get out of bringing a claim? The ET process is an adversarial process, not a caring process - you are expected to stand up and fight your corner. If you don't, you lose; I know. You may wish to seek legal advice as to whether you have a solid claim in the first place. ET's can do considerable damage to a claimant's mental health. That I know as well.

 

There is no shame in dropping the claim and moving on with your life.

[SweetLorraine]

Surely the judges must see patterns of behaviour forming?

 

So what? Its not what they are there for. Forget emotive issues. If you don't have a good claim, or don't present one, you're chopped liver - end of claim. Next! Its a factory production line.

[SweetLorraine]

The public are allowed to attend ET hearings. Perhaps you should go along to a couple to see if it is something you want to go through.

[midget1]

I think I'll face it, tough it out. I've been through a lot worse......

 

I think I can prove my case

[Emmzzi]

I think the suggestion of going to see a couple of hearings is an excellent one.

[becky2585]

Hi there,

 

Just to clarify, both CMDs and PHRs are now termed "Preliminary Hearings" since the introduction of the new Tribunal rules in July.

 

You should look at the wording of the Order to see what matters are being discussed (although make sure you go prepared, as the Judges now have a discretion to turn a PH into pretty much anything!)

[midget1]

Thanks Becky2585 - a lot changed in July, I discovered that one with a painful £250 fee

[billybobynumeroduo]

I made several mistakes with my own claim (back in the day) because I hadn't prepared properly. It is seductive to think that the Tribunal will help you completely through the process. That is not the case. Just because they have accepted your ET1 does not mean they are saying that you have a valid claim. Far from it.

 

I suspect the collywobbles are setting in a bit as you get nearer things becoming a reality? Understandable.You might have a good claim - but lack of knowledge of the Tribunal processes could undermine you and scupper you fairly quickly. Unrepresented you can feel lost in it all and up enormous pressure on yourself. Your employer's legal representatives won't feel that way - for some the Tribunal service is almost a second home.

 

As always could I suggest you consider getting a hold of a copy of the book mentioned on this website. (Oh, look at that - The brand new fourth edition has just appeared! - You're in luck). It doesn't have all the answers but it will help you understand what is expected of you and the respondent. If nothing else it will help you feel calmer about things going forward.

 

Hi SweetLorraine,

 

spot on advice, this kind of sincerity only comes from having experienced it! I hope all is well.

 

Great advice.

[billybobynumeroduo]

Thanks Becky2585 - a lot changed in July, I discovered that one with a painful £250 fee

 

Hi Midget,

 

is POSSIBILY too late now, but not to worry it is only a minor set-back.

 

You need to get documented evidence of your dis-abilities, to me these sound very real and serious and in my opinion COULD WELL class you as a disabled person.

 

What you should do is outline your condition(s) in as much detail as possible at the preliminary hearing, really give it all you got, hope it makes an impression on the judge and mention to the judge you intend to follow it up with written notes/ reports from your doctor/ Gp.

 

I would assume you have old medical history records of your conditions (maybe even recent ones) dig them out and take them along and present them at the hearing. You need as much evidence as possible to back up your claims of disability.

 

Good luck, if you need a helping hand I'm free on Monday (I have been through the whole Tribunal ordeal) I love employment tribunals....NOT well as long as it's not my own case, no really I dont mind coming along as long as it is not in Scotland. PM me if you are up for it?

 

Either way wishing you all the very best

 

BB

Edited January 10, 2014 by billybobynumeroduo

[midget1]

Hi guys,

 

I've had a chat with some other friends who have had similar encounters.

 

I'm much clearer now - and able to express it more concisely and more legally.

 

My employers solicitors have already agreed my sleep disorder is un-disputably a disability - so half way there. I just need to collate the evidence of where they have failed to reasonably adjust and discriminated on disability - and they've made it so so easy