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Hi.
I am in desperate need of help !
I will try and be brief (not my strong point)
Background
I raised a tribunal case against my employer after going through ACAS mediation
The case has been accepted and a preliminary hearing date set for Dec 2nd
The respondent has sent a response asking for most of my claim to be removed as tribunal doesn't have jurisdiction on what I am claiming against and in some cases is out of time.
To explain the case would take all day .
I suffer from depression and occ health reports have stated they consider I come under the equality act
As a result of what has/is still happening I have been signed off sick for 11 months and my current sick note covers a further 2 months.
My pay reduced to half after 6 months and reduces to nil on Dec 3rd.
I am currently still employed by my employer but have no intention of returning and Gp and occ health reports state they cannot see that I would be fit to return to work. During my most recent occ health meeting Ill health retirement was briefly mentioned. My employer has completely ignored the rest of the report or even discussed it with me but did pick up the Ill health retirement comment and after asking me a claim has just started ( I believe they are very hard to get and take a long time)
As my health is worsening I tried a settlement agreement both myself and through an employment lawyer both failed and ongoing appeal was given as the reason.
Normally I would have resigned around now and gone for constructive dismissal. However if I do resign my understanding is that the I'll health retirement claim becomes invalid. The same applies if my employer terminates my contract before a decision is reached. The sick absence policy has not been followed correctly by my employer and after 11 months I have only had one formal meeting and that was after 7 months. Therefore it would be sometime before they could even look at termination.As a result I had to select other on the ET1 form reason table rather than constructive dismissal and had to list the criteria for the claim. I tried to list what research suggested would be heard by the tribunal but obviously I have no experience of this.
Again for health reasons there is a very small settlement agreement offer made through ACAS which more or less only covers being paid until a ill health retirement decision is made and if it fails a standard redundancy type payment on termination.
The criteria I have listed on the ET1 are. Breach of contract, Personal Injury, Breach of duty of care,harassment,disability discrimination. Their response states only disability discrimination can be heard and they will defend it.
The areas where I need advice
Personal Injury. - they state tribunal does not have jurisdiction but I see employment lawyer websites that say they do and I have seen two cases where it is shown and substantial awards were made on this element.
Breach of duty of care- as above
Harassment - they state they are unrelated to the protective characteristic (disability) and therefore does not have jurisdiction
On the harassment they also state that should it be allowed they also state out of time. I was aware of the time ruling but I consider it as continuous and the issues are only dated as requested by the tribunal. Also I have tried all the routes I am required to do and once all these failed I raised the case. Most of the time is down to the grievance and appeal lasting around 14 months.
Breach of contract - cannot be considered as I am still employed.
I have noticed in the couple of cases where many of the issues were very similar to mine that injury to feelings was used and I think that would apply to several of the issues I raised in my claim although I have noticed again that the claimants had resigned or were dismissed.
My questions
Do I have a defence to their request for all those items to be dismissed and if so what is it
Is injury to feelings something I could use and does still being employed by them make any difference to listing it.
On the breach of contract one would the nil pay and only remaining employed until a Ill health retirement decision is reached be considered in any way.
I am in the process of completing the pre meeting agenda and believe I can make changes to my claim so if needed I could change criteria and the links I have created to each of the issues raised
Any help would be very much appreciated. For now I have excluded details of the issues as it would take all day to list them
I am in desperate need of help !
I will try and be brief (not my strong point)
Background
I raised a tribunal case against my employer after going through ACAS mediation
The case has been accepted and a preliminary hearing date set for Dec 2nd
The respondent has sent a response asking for most of my claim to be removed as tribunal doesn't have jurisdiction on what I am claiming against and in some cases is out of time.
To explain the case would take all day .
I suffer from depression and occ health reports have stated they consider I come under the equality act
As a result of what has/is still happening I have been signed off sick for 11 months and my current sick note covers a further 2 months.
My pay reduced to half after 6 months and reduces to nil on Dec 3rd.
I am currently still employed by my employer but have no intention of returning and Gp and occ health reports state they cannot see that I would be fit to return to work. During my most recent occ health meeting Ill health retirement was briefly mentioned. My employer has completely ignored the rest of the report or even discussed it with me but did pick up the Ill health retirement comment and after asking me a claim has just started ( I believe they are very hard to get and take a long time)
As my health is worsening I tried a settlement agreement both myself and through an employment lawyer both failed and ongoing appeal was given as the reason.
Normally I would have resigned around now and gone for constructive dismissal. However if I do resign my understanding is that the I'll health retirement claim becomes invalid. The same applies if my employer terminates my contract before a decision is reached. The sick absence policy has not been followed correctly by my employer and after 11 months I have only had one formal meeting and that was after 7 months. Therefore it would be sometime before they could even look at termination.As a result I had to select other on the ET1 form reason table rather than constructive dismissal and had to list the criteria for the claim. I tried to list what research suggested would be heard by the tribunal but obviously I have no experience of this.
Again for health reasons there is a very small settlement agreement offer made through ACAS which more or less only covers being paid until a ill health retirement decision is made and if it fails a standard redundancy type payment on termination.
The criteria I have listed on the ET1 are. Breach of contract, Personal Injury, Breach of duty of care,harassment,disability discrimination. Their response states only disability discrimination can be heard and they will defend it.
The areas where I need advice
Personal Injury. - they state tribunal does not have jurisdiction but I see employment lawyer websites that say they do and I have seen two cases where it is shown and substantial awards were made on this element.
Breach of duty of care- as above
Harassment - they state they are unrelated to the protective characteristic (disability) and therefore does not have jurisdiction
On the harassment they also state that should it be allowed they also state out of time. I was aware of the time ruling but I consider it as continuous and the issues are only dated as requested by the tribunal. Also I have tried all the routes I am required to do and once all these failed I raised the case. Most of the time is down to the grievance and appeal lasting around 14 months.
Breach of contract - cannot be considered as I am still employed.
I have noticed in the couple of cases where many of the issues were very similar to mine that injury to feelings was used and I think that would apply to several of the issues I raised in my claim although I have noticed again that the claimants had resigned or were dismissed.
My questions
Do I have a defence to their request for all those items to be dismissed and if so what is it
Is injury to feelings something I could use and does still being employed by them make any difference to listing it.
On the breach of contract one would the nil pay and only remaining employed until a Ill health retirement decision is reached be considered in any way.
I am in the process of completing the pre meeting agenda and believe I can make changes to my claim so if needed I could change criteria and the links I have created to each of the issues raised
Any help would be very much appreciated. For now I have excluded details of the issues as it would take all day to list them
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