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Assistance with an employment issue

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  • Assistance with an employment issue

    Good Evening All,

    I am a Newbie to the forum, so please excuse my brevity.

    Can anyone please help me with the below?
    I went through my house hold insurance and after explaining everything they said they would not represent me. No real reason and as a consequence I lost a lot of time.

    The present situation is as follows, I have an ACAS certification number and a preliminary hearing is planned with an Employment Tribunal Court date set for next year.

    Background
    Diagnosed with Prostate Cancer - Radical Prostatectomy
    Return to work - Working primarily away from main office due to operational reasons
    Personal injury at work leaving
    Excessive hours worked
    Start of Grievance
    My wife admitted to hospital for hysterectomy suffers major bleed then suffers another bleed while recuperating. I was her “carer” at this time.
    Second week of recuperation my line manager contacts me via IM asking why aren’t I in office. My response, I do not feel comfortable in leaving my wife as she requires care and assistance.
    Requested another week annual leave - rejected.
    Bullied in returning to office although could have worked from home quite adequately.
    I submit Grievance – discrimination, harassment, victimisation and refusal to implement reasonable adjustments
    Company advertise my role.
    Occupational Health states to employer that as I fall under the Equality Act 2010 - this is a legal matter rather than a medical one.
    Hernia operation number 1
    Request DSAR
    Returned to work. No sight of reasonable adjustments
    Hernia operation 2 - believe caused by COVID - 19
    I subsequently resign, citing discrimination, harassment, victimisation and refusal to implement reasonable adjustments

    If anyone can help in any way I would be grateful, especially with regards to what is expected with regards to the telephone preliminary hearing and also assistance in compiling a remedy of award.

    Many thanks

    KandB5863
    Tags: None

  • #2
    You give your reasons for resignation, however what are the grounds of your claim as notified to the Tribunal in your ET1 claim?

    In terms of the preliminary hearing this allows a Judge to begin to give the case some structure and to familiarise themselves with what the case is all about; its value (i.e. how much money you are asking for in compensation or settlement), and the complexity of the issues involved. The Judge also has the power to dismiss (“strike out”) parts of the claim and to limit what claims are heard at the full hearing.

    Both you and the Respondent will have to agree the steps that will need to be taken to take the case to a final hearing. That means you will need to provide information about how many witnesses you might want to call to give evidence at the final hearing, as well as how and when you will send each other documents and witness statements that will form part of the final hearing ‘bundle’. The Judge will also want to agree how long, and on what date, the hearing will take place. All that information will form part of an agreed timetable between you, the Respondent and the Judge that you must stick to as closely as possible.

    It is also an opportunity to tell the Judge and the other side about any changes you want to make to the claim which you submitted. You should remember that the Judge hearing the preliminary hearing is not the Judge who will hear the final hearing and that can sometimes be quite helpful, especially if you don’t have solicitors representing you. So, it is important to be as prepared as you can and to help with this, in most circumstances, the Tribunal will send to you and the Respondent an Agenda for you each to complete prior to the preliminary hearing. This is in effect a questionnaire designed to ensure that the Judge knows what the issues are going to be.

    Although it is called a hearing, you should be aware that given the current situation most prelim hearings are taking place by telephone instead of face-to-face, which means that you dial into a call with the other side and the Judge, in which case you need not worry about attending the court at this stage.

    In regard to compiling a remedy award you will need to complete a Schedule of Loss based on your current situation however this would need to be updated at nearer to the time of the of your Tribunal hearing date to reflect your circumstances as that time.

    Hope this helps but please come back and ask any further questions you may have, I appreciate this can be a daunting process if you are representing yourself.

    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You can’t always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.



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    Comment


    • #3
      Thank you Ula for your advise which is duly noted. Much appreciated.
      One further question, is the Schedule of Loss purely addressing my current financial situation as to award and not what I am seeking compensation with regards to my employment issue, i.e. discrimination, failure to make reasonable adjustments etc.?

      Many thanks

      KandB5863

      Comment


      • #4
        You are correct about the Schedule of loss which is a statement of fact about your losses, you will then need to put together your compensatory claim as well.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment

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