Case against my ex-employer - Resigned due to mistreatment and discrimination

[Downsway]

Hello everyone,

 

I hope you're all well. I am reaching out to seek advice regarding a complex situation I've faced with my former employer. 

 

Below is a summarised timeline of events that I've encountered:

 

Timeline:

 

2017: Joined company. No issues in performance, no support plans etc. Regularly teach other colleagues new areas of the business.

 

2019: Went on maternity with first child

 

Beginning of August 2020: Told by my manager they desperately needed me back at work as it was so busy.

I asked if I could come back on reduced hours (16hrs as opposed to 38hrs pw).

 

August 2020: Unexpectedly made redundant, which appeared linked to my request for reduced hours due to pandemic-related childcare needs. Staff told not to talk to me by the MD so i received a letter through the post.

 

September 2020: Stated I would seek legal action as I was not consulted on the redundancy process (it was completely unexpected).

The following week I was told that another business meeting had taken place and that they could offer my job back. I accepted it back.

 

October 2020: Returned back to work and returned redundancy money.

 

March 2021: Advised company I was pregnant again and was worried with stress due to the previous time with them.

 

June 2022: Returned from maternity leave; patronising comments on part-time hours made during team meetings.

 

September 2022: Told my role wouldn't allow progression due to part-time status. Stated this was because I could not have my own clients to deal with that meant I was disadvantaged in progression. They explained 2 of the 4 team members had now been prompted to ‘senior’ team members.

 

December 2022: Received less annual leave (11 days instead of 11.2); HR suggested I "forget about it."

 

December 2022: Company closed a day early (on a day I didn't work) due to targets met; no recognition for my contribution.

 

January 2023: After giving 4 weeks notice to leave the company due to the ongoing mistreatment and lack of progression. I was informed the remaining annual leave was 1.1 days; advised to take 1 day only.

 

January 2023: On my last day, the MD completely blanked me.

 

April 2023 (within 3 months of leaving): Went through ACAS, tribunal

Lodged grievance against company and Managing Director.

Spoke to a couple of colleagues that felt exactly the same way, one is still employed, the other has left.

 

May 2023: Case accepted by tribunal for October 2023 Preliminary Hearing.

Grievance meeting held after numerous cancellations: Inaccurate minutes recorded for grievance meeting; I corrected and resubmitted them but no acknowledgement.

 

Grievance and Appeal Process:

Grievance found they had not discriminate against me.

Appeal: Escalated grievance to CEO as per company policy that states if the grievance is against the MD the appeal is decided me the CEO, received no response, and later was informed the appeal window had closed.

 

August 2023: Letter from their solicitor stating I had not followed appeals process correctly. If I uphold my complaint to the court then they would exercise their right to claiming expenses unto £20k.

 

 

Current Status:

I believe these incidents point to potential discrimination and unfair treatment. While I sought legal advice, my solicitor expressed reservations that although I may win on sex discrimination, the amount would not be essentially ‘worthwhile’ (it is part of legal cover my partner has with his job).

 

Your Advice:

• Considering this timeline, do you see grounds for discrimination and unfair treatment claims?
• Given the legal threats and my solicitor's reservations, what would be a recommended course of action?

 

 

This ordeal has taken an emotional toll, and my goal is to seek fairness without unnecessary legal expenses.

 

If you have made it down this far, thank you! your time and advice is appreciated.  

Edited August 21, 2023 by Downsway

[unclebulgaria67]

So you submitted the Courts Tribunal claim too early, as you had not completed the grievance complaints process with the company. Contact the Solicitors you have been dealing with. They may say to withdraw the claim and ensure last stage of the companies grievance process is followed first,  unless the Court can pause the claim for now. 

You may want to ask the company to make you a settlement offer to see if this matter can be brought to a closure or you will continue with the Court Tribunal process.

[Downsway]

Thanks @unclebulgaria67.

The company are saying the grievance appeal window has now closed. I have contacted my solicitors again as i haven't spoken with them since the company have given this verdict on the grievance.

When asking for a settlement would you have any advice on this? i.e should I name a price? (My solicitor has stated if i won then the claim would be £11k on their initial investigation).

Unsure as to what the compensation would be now they have not followed their own procedures? Should it be sent to them directly or through the solicitors?