Engineered SHAM REDUNDANCY followed mental health disclosure

[Miss2022]

I am really just looking for guidance and assistance

I held a senior Head of Operations role working across several businesses (however paid by 1 of those)

I was never provided with a contract or particulars of employment. My role was pretty detailed and complex over the 5 years of employment.

I returned following 18 months of furlough and on my first day back I made a very detailed mental health disclosure to my employer. I did so as I was conscious that I would need to ask for time off to attend an emotional abuse course for which I had been accepted. I had PTSD symptoms following trauma experienced around 6 months prior. I had paid for regular psychotherapy to assist in my own recovery. I am a single Mother I do not have a support network, therefore if I fall, we all fall.

To be fair I was glad to be back to a sense of routine at work.However I had picked up on a cluster of colleagues behaving out of character towards me. This cluster of co-workers, closely linked to the Director, family and close friends.

I had all of my worked removed from me and did not have access to the emails I had previously - around 15 or so in total across the brands

I had a male junior colleague approach me and speak to me through gritted teeth. I raised a grievance regarding this incident - which was dismissed by the employer as the male colleague denied it happened.

Another male colleague was contacting suppliers I had built relationships with and informing - she is just some girl who sits downstairs and hasn't got a clue. The same individual called me a stupid bitch and said I just keep repeating myself (this a symptom of executive functioning issues arising from mental health issues)

I also had my employer suggest I best get a fitness for work certificate from my GP in case I killed a colleague (no grounds for this whatsoever) My mental health does not impact on my ability to work, save for occasionally being slightly slower in processing information. It does however prevent me from living a normal life, relationships and social life. Accordingly I am classed now as having a disability.

Despite the progress made with private treatment - the treatment at work had resulted in what I can only describe as a mental health relapse during Christmas 2021.

Returning in January 2022 - I approach the employer completely frustrated and ask him as all my work had been taken away from me what was his intention? Was it to make me redundant?

The employer advised he was closing the business and therefore redundancy was the only option. I think at this moment mentally I just wanted to throw in the towel... it was clear to me that the abuse and humiliation I had suffered at work was a campaign to force me to quit, when that failed to work - a sham redundancy was being proposed.

In the first consultation - the role the employer described as being redundant was not my role.

I have gone through the whole ACAS process and the employer has ignored the process and my communications including grievances raised during the process.

I was made redundant in May 2022 however the employer still has not paid me redundancy pay, notice pay or unallocated holidays. The organisation is still active on companies house and as far as I am informed is still trading.

I had searched for legal assistance with employment solicitors informing fees likely to be over £20,000 despite advertising no win no fee employment assistance on websites, I have also applied for legal aid however the appointed solicitor advised my claims were out of time - and didn't seem to really grasp that due to mental health and being triggered by having to address the issues arising that I couldn't deal with this alone. It is a little like asking a bricklayer why he cannot lay bricks with two broken hands.

I am aware the claims are outside of the timeframe - by weeks, however there is no prejudice to the employer as they are well aware of the issues. The claim for non payment of redundancy, notice and holidays in time. I believe it is the tribunals decision.

I really struggled to draft my own statement and file with the employment tribunal. They have informed my claim is accepted, however a preliminary hearing is listed for February 2024.

I have received the respondents response pack from ET and is appalling.

The employer is suggesting my claim should be struck out as it is out of time - all apart from unpaid redundancy, notice pay and holiday pay which equates to several thousand pounds.

I believe I have more than enough evidence to prove that they are lying. They are even suggesting my mental health maybe causing me to make things up? Honestly I have no words for their behaviours and it is shocking that they would make allegations such as this. There is no consideration here for the detrimental impact on my mental health.

I still do not have legal representation and have decided that as I feel so strongly about my own case and how others suffering and struggling with mental health that I will proceed through the process alone taking guidance and advice wherever I am able - hence my post here.

Thank you for listening



,

[ULA]

Hi Miss2022 I just need to clarify a few things in regard to your post.

1. You were made redundant in May 2022, can you confirm your termination date?
2. You have been through Early Conciliation via ACAS and you are not pursuing an Employment Tribunal claim which has been accepted. Is your claim for the unpaid redundancy payment, notice and accrued but untaken holiday pay?
3. If you claim is more than I have set out above what else are you claiming for?

[Miss2022]

THANK YOU FOR YOUR RESPONSE

My mental health has been pretty poor lately - Ive honestly had enough

Sick and tired of calling solicitors who deal with complex claims apparently on a no win no fee - all saying it's too complex for them?

Hi Miss2022 I just need to clarify a few things in regard to your post.

1. You were made redundant in May 2022, can you confirm your termination date?

23rd May 2022 (however on 5 years employment it should have been 30th May 2022.

2. You have been through Early Conciliation via ACAS and you are not pursuing an Employment Tribunal claim which has been accepted. Is your claim for the unpaid redundancy payment, notice and accrued but untaken holiday pay?

My claims are disability discrimination, unfair dismissal, victimisation, harrassment, bullying, whistleblowing, unpaid commissions, unpaid redundancy, notice and holiday pay, breach of contract.

Not receiving redundancy pay drove me into financial hardship. Managed to access Legal Aid Board they approved my application, put me in touch with a solicitor at a firm who said my case was too complex.

Managed eventhough triggering with my mental health completed the ET1, had first prelim now filing further and better particulars myself - done nothing but research since posting on here - to be honest wasnt expecting a response)

(original trauma related - made worse by treatment received by employers - also psychological injury) .


3. If you claim is more than I have set out above what else are you claiming for?

[Miss2022]

sorry I have inputted the details into your message

[ULA]

Hi Miss2022 we can try an help you through this Tribunal process. To do so it would be really helpful if you could:

1. Let us know the outcome of the Preliminary Hearing (PHR) you had in Feb if it still went ahead.
2. Were any parts of your claim struck out as the respondent was requesting, if so what still remains part of your claim?
3. Have any Case Management Orders (CMO) been issued or what are the next deadlines that you need to work towards?
4. What specifically do you need our help on?

[Miss2022]

I am really just looking for guidance and assistance

I held a senior Head of Operations role working across several businesses (however paid by 1 of those)

I was never provided with a contract or particulars of employment. My role was pretty detailed and complex over the 5 years of employment.

I returned following 18 months of furlough and on my first day back I made a very detailed mental health disclosure to my employer. I did so as I was conscious that I would need to ask for time off to attend an emotional abuse course for which I had been accepted. I had PTSD symptoms following trauma experienced around 6 months prior. I had paid for regular psychotherapy to assist in my own recovery. I am a single Mother I do not have a support network, therefore if I fall, we all fall.

To be fair I was glad to be back to a sense of routine at work.However I had picked up on a cluster of colleagues behaving out of character towards me. This cluster of co-workers, closely linked to the Director, family and close friends.

I had all of my worked removed from me and did not have access to the emails I had previously - around 15 or so in total across the brands

I had a male junior colleague approach me and speak to me through gritted teeth. I raised a grievance regarding this incident - which was dismissed by the employer as the male colleague denied it happened.

Another male colleague was contacting suppliers I had built relationships with and informing - she is just some girl who sits downstairs and hasn't got a clue. The same individual called me a stupid bitch and said I just keep repeating myself (this a symptom of executive functioning issues arising from mental health issues)

I also had my employer suggest I best get a fitness for work certificate from my GP in case I killed a colleague (no grounds for this whatsoever) My mental health does not impact on my ability to work, save for occasionally being slightly slower in processing information. It does however prevent me from living a normal life, relationships and social life. Accordingly I am classed now as having a disability.

Despite the progress made with private treatment - the treatment at work had resulted in what I can only describe as a mental health relapse during Christmas 2021.

Returning in January 2022 - I approach the employer completely frustrated and ask him as all my work had been taken away from me what was his intention? Was it to make me redundant?

The employer advised he was closing the business and therefore redundancy was the only option. I think at this moment mentally I just wanted to throw in the towel... it was clear to me that the abuse and humiliation I had suffered at work was a campaign to force me to quit, when that failed to work - a sham redundancy was being proposed.

In the first consultation - the role the employer described as being redundant was not my role.

I have gone through the whole ACAS process and the employer has ignored the process and my communications including grievances raised during the process.

I was made redundant in May 2022 however the employer still has not paid me redundancy pay, notice pay or unallocated holidays. The organisation is still active on companies house and as far as I am informed is still trading.

I had searched for legal assistance with employment solicitors informing fees likely to be over £20,000 despite advertising no win no fee employment assistance on websites, I have also applied for legal aid however the appointed solicitor advised my claims were out of time - and didn't seem to really grasp that due to mental health and being triggered by having to address the issues arising that I couldn't deal with this alone. It is a little like asking a bricklayer why he cannot lay bricks with two broken hands.

I am aware the claims are outside of the timeframe - by weeks, however there is no prejudice to the employer as they are well aware of the issues. The claim for non payment of redundancy, notice and holidays in time. I believe it is the tribunals decision.

I really struggled to draft my own statement and file with the employment tribunal. They have informed my claim is accepted, however a preliminary hearing is listed for February 2024.

I have received the respondents response pack from ET and is appalling.

The employer is suggesting my claim should be struck out as it is out of time - all apart from unpaid redundancy, notice pay and holiday pay which equates to several thousand pounds.

I believe I have more than enough evidence to prove that they are lying. They are even suggesting my mental health maybe causing me to make things up? Honestly I have no words for their behaviours and it is shocking that they would make allegations such as this. There is no consideration here for the detrimental impact on my mental health.

I still do not have legal representation and have decided that as I feel so strongly about my own case and how others suffering and struggling with mental health that I will proceed through the process alone taking guidance and advice wherever I am able - hence my post here.

Thank you for listening



,

I was made redundant on 23rd May 2022. I had worked there 5 years.

My claim includes

Disability discrimination


Protected Disclosure - public interest relating to client sensitive data being passed outside of the organisation to an unregulated claims management company


There is an issue regarding employment status also. I worked across a whole portfolio however was paid by one in the group. I undertook work as and when requested for all others, they controlled where and how the work was done and I was eligible for commissions. However commissions owed were concealed from me. My employment status across the group was not self employed and looking on government website was either employee or limb worker. It is clear to me now that the respondents had no regard for their obligations and structuring my role in such a way they considered would provide no employment rights.

Personal injury - psychological PTSD. Deteriorating fast, cognitive processing. I work for a ranked legal 500 firm and am currently on a cliff edge.

The Respondents have failed to respond to a Subject Access Request, I have informed the ICO and have advised the tribunal that the Respondents are not disclosing evidence material to the issues in this case, it is tactical for them it seems.

Their representative a HR Legal type outfit has tried to convince me to accept "the payment" which I'm sure is trickery, and in view of my mental health I ask for clarity. I consider the representatives approach and his intentions to try tricking me to be taking advantage and I consider this discriminatory.

Thank you

[Miss2022]

sorry I have inputted the details into your message

Ideally I would like assistance in reviewing the following documents I have struggled to prepare.

Further & better particulars of claim [29 pages] Disability discrimination, victimisation, harrassment and bullying

Disability impact statement




I was made redundant on 23rd May 2022. I had worked there 5 years.

My claim includes (as an ongoing state of affairs)


Sham redundancy pool of 1, pre determined decision {recording available}

Failure to pay redundancy and notice triggered by the sham redundancy [the ET judge recently criticised the Respondents for this. Several thousand pounds - I am now fighting a possession order on my home because of the financial burden placed on me.

The Defendants have failed to confirm or deny their response regarding whether I had a disability [however have denied that I made a mental health disclosure, saying first they heard was when they announced redundancy] They are failing to disclose a grievance filed months before regarding treatment and the impact on my mental health.

Disability discrimination, bullying, harrassment and victimisation by Directors and their inner circle [I was head of operations and the majority of bullying came from junior colleagues]

Protected Disclosure - public interest relating to client sensitive data being passed outside of the organisation to an unregulated claims management company

Hidden commissions - concealed from me.

Psychological injuries - I am under the care of mental health and struggling with cognitive functioning.

I was subjected to a particularly unfair degrading redundancy procedure and removed from work whatzapp groups during the process.


There is an issue regarding employment status also. I worked across a whole portfolio however was paid by one in the group. I undertook work as and when requested for all others, they controlled where and how the work was done and I was eligible for commissions. However commissions owed were concealed from me. My employment status across the group was not self employed and looking on government website was either employee or limb worker. It is clear to me now that the respondents had no regard for their obligations and structuring my role in such a way they considered would provide no employment rights.

Personal injury - psychological PTSD. Deteriorating fast, cognitive processing. I work for a ranked legal 500 firm and am currently on a cliff edge.

The Respondents have failed to respond to a Subject Access Request, I have informed the ICO and have advised the tribunal that the Respondents are not disclosing evidence material to the issues in this case, it is tactical for them it seems.

Their representative a HR Legal type outfit has tried to convince me to accept "the payment" which I'm sure is trickery, and in view of my mental health I ask for clarity. I consider the representatives approach and his intentions to try tricking me to be taking advantage and I consider this discriminatory.

Thank you

[Miss2022]

My claim was NOT struck out and I feel the Judge saw first hand what type of individuals I am having to deal with. I could email a copy of the Judge's decision? I have asked the Court for an order on disclosure and in view of the prejudice likely to be faced by the respondents apparent lack of responses and lack of evidence and prejudice I am likely to suffer - to move the date of the trial listed for March. I have attempted to speak to advocate for representation at the hearing, however appreciate everyone is just so overwhelmed currently.

[ULA]

Sorry just need to get myself back into where you are in the process, as I appreciate it has been a while since you posted and things have moved on. So just some initial questions for you.

The preliminary hearing (PHR) clearly went ahead earlier in the year and I guess you are now preparing for the final hearing which seems to be in March 2024?

It may be helpful for you to PM me the Judge's decision.

When did you make the application to the Tribunal for disclosure?

How long has the hearing date in March been set for?

[Miss2022]

My case is against 5 respondents in total 2 directors, their respective businesses (1 each) and an employee of one of the businesses (a law firm). The only time they have provided any communication throughout the process is to inform me of their intention to attempt to strike out my claim. The claim against the 5th Respondent the employee was seven days late. In that hearing of the strike out application, the Judge denied the request once I had provided all available evidence regarding whether it was just and equitable to strike out, since there would be no prejudice to the 5th Respondent or the cogency of evidence. His statement suggested he could remember precisely the tone in which he spoke to me, he denied most of the truth and was caught lying to the judge (pushing her spectacles to the end of her nose, she gave him what for and made him look rather silly!)

The trial has been set to take place over 6 days in total in March. It was only a couple of weeks ago I had written to the ET and requested a) disclosure of documents and information relevant to the key issues in the case and b) a request to move the trial date from March 2024, which I think will be necessary as I do also have to try and deal with the matter as a litigant in person with often crippling mental health. I have also advised that it would be prudent for a hearing prior to any hearing date to a) deal with the issue of disability and b) employment status, so as to make best use of everyone's time. It is difficult as the matter is triggering, and can result in a downward spiral.

The way the respondents have ignored all reasonable requests for documentation and information from me so far I appreciate is a tactical step. I think they consider that I am too weak mentally to see this through. I would consider their ongoing conduct and antics to be ongoing bullying and discriminatory.

I have recently also raised an issue as to conflict of interest, the Respondents representative a HR type represents all 5 respondents?!? in the mix we have 2 directors along with their separate business entities (each with their own registration number) and an employee of the law firm who left his employment in June 2022 and had "zero contact" with the Respondents since (according to his statement during the Strike Out application a few months ago). However what is clear is that this was a lie and they had collectively hatched their chickens too early, I think they assumed the Strike Out would be successful for the 5th Respondent. It wasn't. And pretty soon after the HR rep, stepped out from the shadows and popped himself on record,

I have tried to reach him and have a meaningful adult conversations, without successful. However he likes to write rather ambiguous emails suggesting conversations have happened which haven't or asking me to confirm by return my bank details to facilitate the payment!?!?! I have mental health issues, I'm not mad or forgetful, I am a high performing individual and there are no issues with my memory recollection relating to this matter, I have asked the representative to be clear in his communication that's it. His reluctance to do so I consider to be discriminatory .


I am away with family at the moment, and will have to scan in the judgments. Also I'm not quite sure how to private message on here, is there a specific email address to use or another way?

On a final note I suspect you are aware of how important it is for people like me, I cannot thank you enough for your time and support. During my career I have spent 20 years fighting for justice in civil litigation, it is unfortunate that I am so limited when attempting to deal with my own case. It is a lot like criticising a bricklayer who cant build the wall because he has two broken hands currently.

I am prepared to pay and or make any donations which are deemed appropriate.

Kind regards .

[ULA]

Thank you for the further information which is really helpful.

To PM me you just need to go to the envelope icon which is at the very top of the page, just along from your avatar picture and username in the top left hand corner. Just click on that, in the top box type my username and then like other emails you have a subject title box and then you have the box to write free text. The paperclip blue button allows for uploading documents.

[ULA]

Miss2022 I am in receipt of your PM's thank you and the other documents as well as the original judgement that I requested.

Can you set out the specific questions that you need assistance on which will allow me to focus on the relevant parts of the documentation you have provided me.

[Miss2022]

Thank you for your message. It would help to understand the particulars of claim filed are indeed correctly identified and labeled, so as to ensure I haven’t labeled anything incorrectly.

I would also appreciate any help available regarding the schedule of loss is detailed correctly and the disability impact statement filed.

I apologise for the delay in responding and wanted to advise that this is the result of my mental health, there are moments when I am function as I need and want to, however it is told a classic symptom to avoid matters which I find triggering as a protective mechanism.

I would be grateful for any guidance you deem appropriate, I’m completely bewildered.

[ULA]

No need to apologise about timescales to respond, I completely understand that this is a stressful process and no doubt is not helping your mental health.

Your ET1 and Particulars of Claim will be as you submitted them initially. Unless you have been given an order from a Judge to amend them then there is little you can do at this stage to change anything mislabelled.

Is the impact statement in the bundle you PM'd me, as I cannot find it in the scan I have done of that document? If so please direct me to the page number.

In respect of the Schedule of Loss (Sol) it would appear that you have what I would expect to see covered (I have to admit I have not checked the calculations will trust you have them correct). It is fine that some information is not complete as the SoL can be update nearer the date of the hearing with some of the TBC information.

[Miss2022]

Thank you for your response.

I shall upload the impact statement.

I think I have referenced quite a few cases to the Tribunal including Moustache regarding any failure to correctly particularise the claim (I am a litigant in person struggling with mental health and have provided sufficient background information).

https://employmentcasesupdate.co.uk/...42dae5328c.htm

I wrote to the tribunal asking for the trial date to be moved as the Respondents and their representative are failing to provide documents required if I am to prepare the list of documents. I haven't received yet received a response.

I have also reached out to Advocate for support at the trial, however they have not responded. I hope they do.

I cannot thank you enough for your kind support with this.

Kind regards