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Case for tribunal?

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  • Case for tribunal?

    Will try to keep this brief..
    In 2012 I was given an interview for a part-time position in a relatively large corporate company. During the interview I was honest and forthcoming with my history of depression including a period of 6 month sick leave in a past job role. I was hired, working part-time fitted around my family - perfect job. After 16 months I was asked if I would consider working full time, I agreed on the basis I would need flexibility due to two small children. I began to get sick a lot, I think due to the extra pressure I was putting myself under. Then last year I found my 24yr old brothers body, I took 3 weeks off work, I had to use holiday as I was only entitled to 3 days compassionate leave, then threw myself back into normal life whilst trying to deal with grief, my mental state suffered greatly, and my attendance and timekeeping suffered, work was understanding to a point of course and I fully accepted this. 6 months later my father in law passed suddenly causing more upset at home. At some point I called onto work one morning as I could not face life, having a shower seemed impossible. When I returned to work 2 days later I had a meeting with HR who were there to support me, I was trying my best and being fully honest with them and accepted that my attendance was an issue. Out of the blue I received a disciplinary summons for sickness absence, as I had not taken a personal sick day since the meeting, it completely threw me and I experienced my first panic attack the doctor then signed me off, after 7 weeks I was forced to return on a phased return, my management team and HR were all nice, I was told my disciplinary still stood but they would conduct it after my phased return. In January this year I requested for the disciplinary to take place so we could all move forward, during the meeting the dates I had been given and the dates they were doing me for did not match, I instantly requested the meeting was postponed and further investigations proved that I had in fact not hit the trigger point for sickness absence and the whole thing was unneeded - I was however told off the record that they were watching me and would not hesitate to pull me up for lateness and my next sick day would result in being made an example of. For the next week I suffered with severe panic attacks and physical pain due to the severity of my mental state and I was such a mess I handed my notice in with a request to not work my notice due to my treatment by the individuals involved. This was 5 months ago, I have all documents and my witness from the disciplinary has confirmed the off the record chat contained inappropriate suggestion. Do I have a case? They have seriously affected me, I am currently unemployed and scared to go back into a working environment, so scared I won't claim Job Seekers because the thought of interviews alone terrifies me.
    I want to work! But this experience has left me wondering if someone with mental health issues will ever be accepted, I try to deal with my illness as best I can and have always been honest yet it seems as though this will follow me forever and maybe put potential employers off me!
    Tags: None

  • #2
    Re: Case for tribunal?

    I would also like to add that on my 2nd day back to work I answered a call from an external customer, his words were "take my advice, keep your head down and nose clean because they are after you" I was told on my departure that they would look into this but my other complaints would not be

    Comment


    • #3
      Re: Case for tribunal?

      Hi Pugglemum.

      Sorry you have been through so much, i can only imagine how hard it must have been for you.

      Regarding if you have a case, well i have some questions for first.

      Whats the current status of their investigation in to your claims you made upon resignation?

      If they completed it, can you tell me what their final decision was and what the date of that was (or date of the letter informing you)? - The date is very important here. If you hadn't got a anything from them telling you the outcome, then you need to contact them (i know it not easy but very important if you wish to make a claim) and find out and ask for it IN WRITING.

      Did they refer you to the companies Occupation Health?

      Were you signed off by sick note? - therefore making your time off as authorised absence and not unauthorised (which is taken to affect your attendants record).

      The reason the dates i asked for above are important is because any letter they sent you or send you upon your request will reset the clock reference the time limit of 3 months for making claims to tribunal from date of last course of action. Basically if, as i suspect, they did not send you a letter informing you of the final outcome, then the date of last course of action will be the date of the letter they will be sending you when you ask them for it in writing. This will then reset the clock, giving you 3 months to make a claim for constructive dismissal and breach of equality act 2010 as stress and associated symptoms to stress and anxiety which you have been suffering from along with depression are protected characteristics under the equality act 2010.

      Though making a claim itself and especially proving constructive dismissal will be difficult and even very stressful. Though we will help you should you choose to do so.
      Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

      By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

      If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

      I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

      The Governess; 6th March 2012 GRRRRRR

      Comment


      • #4
        Re: Case for tribunal?

        Thank you for taking the time to respond.
        I have not heard anything from the employer since I requested that the disciplinary mistake they made was put in writing, said letter was dated around the 25th of January (documents are not accessible right now but can give exact dates in the morning )
        The thought of challenging them does not sit well but the thought of getting another job scares me more, and I have realised that this is not fair. I just want to be sure that I am not going to put myself through the stress only to be told it is all my fault.
        Prior to the panic attack all my absence was self certified, the 7 weeks was signed off by my GP.
        Thankfully I had the sense to leave with copies of emails and policies surrounding the whole affair so can scan and email things if required.

        Comment


        • #5
          Re: Case for tribunal?

          NO need to scan anything as yet, but its great you have got documented evidence to prove your claim.

          Post up the dates in the morning and we can go from there.
          Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

          By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

          If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

          I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

          The Governess; 6th March 2012 GRRRRRR

          Comment


          • #6
            Re: Case for tribunal?

            Will do. Many thanks Teaboy2

            Comment

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